Form I-9 Compliance & Employment Eligibility Verification Inspections
Experienced Immigration Attorneys Serving the San Diego Area
Under United States immigration law, all U.S. employers must fill out and retain Form I-9 for each foreign worker they hire after November 5, 1986. This employment eligibility verification form makes certain that the worker is in the country legally and can legally work.
In recent years, I-9 inspections and workplace audits by United States Immigration and Citizenship Services (USICS) have become more common and the fines for Form I-9 violations are significant. It is vital that all employers have organized and accurate I-9 forms.
At Feldman Feldman & Associates, we offer annual I-9 inspections to ensure compliance at your workplace. To learn more about our I-9 inspection services, contact our San Diego immigration attorneys today.
Form I-9 Quick Facts
- All new employees must fill out Form I-9 within three days of their employment.
- It is illegal for employers to knowingly hire or employ those who are not authorized to work in the United States.
- Employers may terminate employees who fail to fill out the form within three days.
- In the case of lost, stolen, or damaged forms, a receipt for replacement documents must be provided by the employee within three days.
- Employers should examine the documents and make certain that they reasonably appear to be genuine. Documents that do not appear to be genuine should not be accepted.
- Employers should not accept expired documents, such as an expired driver’s license.
- Employers are not legally required to photocopy documents. However, if an employer does photocopy documents, they should do so for all employees.
- Employers must keep I-9 forms for three years after an employee is hired and for one year after an employee is terminated.
- Form I-9 is not required for employees working abroad.
- Form I-9 is not required for independent contractors.
- Form I-9 is required for temporary and part-time workers.
- If a work authorization card will expire soon, employers may ask the employee, Will you now or in the future require sponsorship for an immigration-related employment benefit?
- Employers should be aware of anti-discrimination laws related to citizenship status and nation of origin.
- I-9 violations could result in heavy fines, debarment from government contracts, and even prison time.
Form I-9 Documentation
Form I-9 exists to verify both the identity of the worker and their employment eligibility. The documents that achieve those goals include:
- List A documents. These documents establish both worker identity and employment eligibility. They include U.S. Passports, permanent residency cards, foreign passports with I-551 stamps, and employment authorization documents.
- List B documents. These documents establish worker identity. They include driver’s licenses, identification cards, voter’s registration cards, U.S. military cards, Native American tribal document cards, or school ID cards with photographs.
- List C documents. These documents establish worker authorization. They include an unrestricted U.S. Social Security account number card, a Certification of Birth Abroad, a Certification of Report of Birth, an original or certified copy of a birth certificate, a Native American tribal document, a U.S. Citizen ID Card, or an Employment authorization document issued by DHS.
It is important to note that an employer cannot request specific documents from those listed above, such as a U.S. birth certificate, or require more documents than necessary under the law.
Request An I-9 Inspection From An Experienced Immigration Attorney Today
Employers can face fines ranging between $110 and $1,100 for each missing or inaccurate I-9 form. Having an experienced attorney from Feldman Feldman & Associates audit your I-9 forms each year can ensure that you avoid these fines and that your workers are all legally authorized to work in the United States. To learn more about our I-9 compliance services, or to speak to one of our knowledgeable immigration attorneys, contact our offices today.