Overview
The Immigration Reform and Control Act requires all U.S. employers to verify the
employment eligibility and identity of all employees as of November 6, 1986.
This includes the verification of the individual's identity and work eligibility.
Employer Responsibility
It is the employer’s responsibility to ensure that the appropriate documentation
is provided to every new employee hired after November 6th, 1986. There are
stiff penalties for not being able to provide Form I-9 for all employees upon
request. The employer has the right to refuse the employee their job if they are
unable to furnish the required documents.
There are certain exceptions as to who Form I-9 is applicable for, such as
independent contractors, employees hired from employment agencies, and employees
hired before November 7, 1986.
Penalties for non compliance with Form I-9:
- Employers who fail to properly complete, retain, or make I-9 Forms available for inspection,
face fines ranging from $100 to $1,100 per individual I-9.
- For employers who knowingly hire or knowingly continue to employ unauthorized workers, civil penalties range from $250 to $11,000 per violation.
- For employers engaging in a pattern or practice of knowingly hiring or continuing to employ unauthorized workers, criminal penalties can be as much as $3,000 per unauthorized employee and/or 6 months of imprisonment.
Employee Responsibility
Even though the employer is responsible for providing a newly hired employee
with Form I-9, the new employee must still complete Section 1 of Form I-9 by the
end of the first day of work to be in compliance with the Immigration Reform and
Control Act. In the event that the company is not aware of this legal
requirement, it is strongly recommended that any new employee provide the
employer with Form I-9 to ensure that his or her new workplace is in compliance
with federal regulations.
Genuineness of work eligibility and identity documents
The employer must review the genuineness of the documents provided the employee.
Employers may encounter the following two scenarios:
- A document accepted is not genuine
- The document accepted is genuine but does not belong to the person that provided it
The employer can refuse to accept a document that does not appear to be
genuine. If the prospective new employee cannot provide an acceptable document,
he or she should not be allowed to continue to work. The Immigration Reform and
Control Act of 1986 (IRCA) makes it unlawful for United States employers to
knowingly hire or continue to employ unauthorized workers. Whether the illegal
employment is intentional or merely due to an oversight or lack of knowledge,
the employer may still be subject to
fines as defined by the Department of Homeland Security.
The "Form I-9 Employment Eligibility and Identity Verification Guide" contains:
- Overview of Form I-9 Employment Eligibility Verification
- Who should file Form I-9
- How to complete Form I-9
- What supporting documentation to include
- Who is responsible for verifying the documents
- Procedures for U.S. Citizens, Green Card Holders and individuals on temporary work visas
- Additional information regarding Form I-9
- How to submit Form I-9 to ICE or Department of Labor (if requested)
- How employees can obtain the required documents (Green Card, Social Security Card, etc.)
- Frequently asked questions
- List of all USCIS (formerly INS) offices nationwide
- List of United States Embassies and Consulates
- Form I-9 Employment Eligibility Verification
