Hiring any individual without verifying identity and work authorization. Continuing the employment of a person if the employer knows or should know that the person is not authorized to work. Knowingly forging, counterfeiting, altering or falsifying any document to satisfy any immigration-related requirement. Knowingly using, accepting or receiving any false document to satisfy any immigration-related requirement. Discriminating in hiring or firing against a citizen or an intending citizen based on national origin or citizenship status.
Intentionally requiring an employee to present any specific document or combination of documents for Form I-9 purposes. Intentionally requiring an employee to present more or different documents than are minimally required for the employment verification process. Intentionally refusing to honor documents that reasonably appear to be genuine.
Instances in which completing Form I-9 varies from the norm In a few situations, the rules stated above may be different: Reverification. If the employee's work authorization document has an expiration date, the employer must reverify the employee's right to work prior to that expiration date. Also, when an employment authorization expiration date is provided in Section 1, employers are required to reverify employment authorization on or before the date shown.
For reverification purposes, the earlier date should be used to determine when reverification is necessary. A new Form I-9 does not need to be completed for people rehired within three years of completing a prior Form I The employer can instead update the prior Form I-9 by confirming that the employment eligibility document originally presented remains valid. If it does, the employer may merely record the rehire date in Section 3 of the form.
However, if a new version of Form I-9 has been issued, the employee must provide documents from the current list of acceptable documents and the employer must complete the current version of Form I-9 and retain it with the previously completed I Some employers find it easier to complete a new Form I-9 for all rehires. Use of agents. An employer can rely on a referral from a state employment service agency if the employer properly retains appropriate documentation of the referral certifying the employee's employment eligibility.
The employer may also delegate verification obligations to a third party or agent, but the employer is ultimately liable for compliance with verification requirements and hiring prohibitions. See As an employer, do I have to complete all the Forms I-9 myself? Retention of Form I-9 and Documents Employers must retain an employee's completed Form I-9 for as long as the individual works for the employer. Remedies and Penalties Employers must be careful not to go overboard in their employment verification practices.
It is a crime to: Bring or attempt to bring an undocumented immigrant to the United States other than through a DHS-designated port of entry. Transport or attempt to transport or move such undocumented immigrant within the United States.
Conceal, harbor or shield from detection, or attempt to conceal, harbor or shield from detection, such undocumented immigrant. Encourage or induce an undocumented immigrant to come to, enter or reside in the United States, knowing or in reckless disregard of the fact that it will violate the law.
Engage in any conspiracy to commit any of the preceding acts, or aid or abet the commission of any of the preceding acts. Knowingly hire at least 10 undocumented immigrants within a month period.
Possible penalties for these violations range from five to 20 years' imprisonment. See : Form I-9 Fines Raised for ICE Planning Surge of I-9 Audits This Summer The Difference Between ICE Raids and Audits The good-faith provision of the law, which allows people committing technical or procedural failures on a Form I-9 up to 10 days to correct such failure without penalty, does not apply to a person or entity that has engaged in or is engaging in a pattern or practice of employing, recruiting or referring unauthorized workers.
Auditing and Correcting Form I-9 To ensure compliance with the law, employers must accurately complete Form I-9 at the outset. The E-Verify process includes the following steps: The employer enters the employee's information from Form I-9 into E-Verify and submits the information to create a case. E-Verify compares the information to records available to the U.
Immigration and naturalization records. State-issued driver's licenses and identity document information. Social Security Administration records.
E-Verify sometimes displays a photo for the employer to compare to the photo on the employee's document to ensure that the document photo has not been altered.
Additional action is required. This result may be issued when the employee's U. State Laws Concerning Verification of Eligibility for Employment Many states have enacted laws requiring employers doing business with the state to verify the legal status to work in the United States of each employee.
Eligibility Verification I You have successfully saved this page as a bookmark. OK My Bookmarks. Please confirm that you want to proceed with deleting bookmark. Delete Cancel. You have successfully removed bookmark. Delete canceled. Please log in as a SHRM member before saving bookmarks.
OK Proceed. Your session has expired. Employment and Pay. Unemployment Protections. Health and Safety. Unions and Right to Work. Key Takeaways Form is used by companies that are hiring personnel for employment in the United States, to verify their eligibility to work.
Employers are required by law to verify a potential employee's identity and whether they are authorized to work in the U. Employers who either hire and continue to employ workers they know are unauthorized, or who fail to produce a form for inspection by immigration officers, face cash fines. Form I-9 can only be completed and considered by employers after a worker has a job offer, so as to prevent the employer to discriminate in hiring on the basis of immigration status.
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It was replaced by Form W-9 in Congress in , ensures and enforces safe workplace conditions and standards. California's AB5 set rules for gig workers and firms hiring them.
You must review this document and, if it reasonably appears on its face to be genuine and to relate to the person presenting it, record the document title, number, and expiration date if any , in the Updating and Reverification Section on the I-9 section 3 , and sign in the appropriate space. You may want to establish a calendar call-up system for employees whose employment authorization will expire in the future.
NOTE: You cannot refuse to accept a document because it has a future expiration date. You must accept any document from List A or List C listed on the I-9 which on its face reasonably appears to be genuine and to relate to the person presenting it. To do otherwise could be an unfair immigration-related employment practice. You cannot refuse to hire persons solely because their employment authorization is temporary. The existence of a future expiration date does not preclude continuous employment authorization for an employee and does not mean that subsequent employment authorization will not be granted.
In addition, consideration of a future employment authorization expiration date in determining whether an alien is qualified for a particular job could be an unfair immigration-related employment practice. You may designate someone to fill out the I-9s for you, such as a personnel officer, foreman, agent, or anyone else acting in your interest.
However, you are still liable for any violations of the employer sanctions laws. If the agreement is for a multi-employer bargaining unit, certain rules apply. If you are an agricultural association, agricultural employer, or farm labor contractor, you must retain the I-9 for 3 years after the date employment begins for persons you recruit or refer for a fee.
The officer will give you at least 3 days 72 hours advance notice before the inspection. If it is more convenient for you, you may waive the 3-day notice. You may also request an extension of time in which to produce the I-9s. Failure to provide the I-9s for inspection is a violation of the employer sanctions laws and could result in the imposition of civil money penalties. You must complete an I-9 for all employees. Canadians must show identity and employment eligibility documents just like all other employees.
However, you also accept full responsibility and liability for all I-9s completed by the previous employer relating to individuals who are continuing in their employment. No, with three exceptions. Agricultural associations, agricultural employers, and farm labor contractors are still required to complete I-9s on all individuals who are recruited or referred for a fee.
However, all recruiters and referrers for a fee must still complete I-9s for their own employees hired after November 6, Also, all recruiters and referrers for a fee are still liable for knowingly recruiting or referring for a fee aliens not authorized to work in the United States.
You may help an employee who needs assistance in completing Section 1 of the I The employee must still sign the certification block in Section 1. State employment agencies may elect to provide persons they refer with a certification of employment eligibility.
If one of these agencies refers potential employees to you with a job order or other appropriate referral form, and the agency sends you a certification within 21 business days of the referral, you do not have to check documents or complete an I-9 if you hire that person. However, you must review the certification to ensure that it relates to the person hired and observe the person sign the certification. You must also retain the certification as you would an I-9 and make it available for inspection, if requested.
You should check with your state employment agency to see if it provides this service and become familiar with its certification. You can avoid discriminating against certain employees and still comply with the law by applying the employment eligibility verification procedures of this law to all newly hired employees and by hiring without respect to the national origin or citizenship status of those persons authorized to work in the United States.
To request to see identity and employment eligibility documents only from persons of a particular origin, or from persons who appear or sound foreign, is a violation of the employer sanctions laws and may also be a violation of Title VII of the Civil Rights Act of You should not discharge present employees, refuse to hire new employees, or otherwise discriminate on the basis of foreign appearance, accent, language, or name.
Protected individuals include citizens or nationals of the United States, lawful permanent residents, temporary residents, and persons granted refugee or asylee status. The term does not include aliens in one of those classes who fail to make a timely application for naturalization after they become eligible.
The anti-discrimination provisions of the Act only apply to the hiring and discharging of individuals. While you are not legally required to inform the INS of such situations, you may do so if you choose to. You are not required to complete I-9s for employees hired before November 7, However, if you choose to complete I-9s. You do not need to complete an I-9 for that employee if the employee is continuing in his or her employment and has a reasonable expectation of employment at all times.
However, if that employee has quit or been terminated, or is an alien who has been removed from the United States, you will need to complete an I-9 for that employee. You will not be subject to employer sanctions penalties for retaining an illegal alien in your workforce if the alien was hired before November 7, However, the fact that an illegal alien was on your payroll before November 7, , does not give him or her any right to remain in the United States.
Unless the alien obtains permission from the INS to remain in the United States, he or she is subject to apprehension and removal. You can advise employees that when they apply to INS for permanent resident status, they will be given an IRS publication explaining requirements for filing Form W-4 or W-4A to insure correct withholding of tax records if an invalid social security number was used and other guidelines relating to tax benefits.
First, you can tell them it is important to have a valid social security number and to properly complete a W-4 or W-4A so that the employer can withhold the proper amount for income tax. Second, you can encourage employees to apply for social security numbers for their dependent children who will be five years old or older by the end of the year.
Since , such numbers have been required to be provided for dependents claimed on tax returns. CBIA newsletters keep you in the loop on the issues that matter most for Connecticut.
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