Although an I-9 form may seem
like a simple piece of hiring paperwork, there are many rules and regulations
that must be followed in regards to this form. Employers that fail to complete and
maintain I-9 documentation correctly may fall out of compliance with Immigration and Customs Enforcement (ICE), and
suffer harsh financial penalties. Fines for I-9 errors begin at $110 dollars
per error, and climb to tens of thousands of dollars per error for repeat and
grave offenses. If an employer has one form per employee and multiple mistakes
on each form, the financial penalties could quickly escalate into six or seven
figures. To avoid the potentially high costs of an I-9 violation, employers
should keep these six common I-9 processing errors in mind:
1.
Incorrect or Missing Forms: Common I-9
documentation mistakes include incorrect dates, missing signatures, transposed
information and incomplete check boxes. Employers also sometimes fail to
complete an I-9 form altogether, or misplace a completed form during filing.
Another challenge that employers face is recording the correct document codes
for each identification method. If an employer asks for too many identifying
documents from list A or lists B and C, that could expose the employer to
discrimination allegations. On the other hand, asking for too few documents
could result in an incomplete form violation.
2.
Out of Compliance with the Three-Day Rule: ICE
rules mandate that I-9 forms must be completed within three business days of the
employee’s first day of work. If an employer fails to meet the three-day
deadline, it could result in hefty fines.
3.
Failure to Re-verify: For employees of certain
citizenship statuses, employers will need to track and update the employee’s
supporting I-9 documentation. For example, a work-authorized alien will provide
documentation showing their eligibility to work in the United States. This
supporting documentation includes an expiration date, and it is the employer’s
responsibility to monitor that date and request new documentation prior to the
document’s expiration.
4.
Invalid Identifying Documents: Employers must
check that all necessary documents are presented and valid. If an employer
fails to obtain the right combination of identifying documents from lists A, B
or C, the I-9 documentation will be considered incomplete and the employer will
become subject to fines.
5.
Improper Document Maintenance: ICE rules do not
require employers to maintain I-9 forms either one year after the date of
termination, of three years after the date of hire, whichever is greater.
Purging outdated forms can help businesses free up storage space and protects
the sensitive information of previous employees. If an employer fails to
destroy I-9 forms within the outlined time frame, then that employer could be
subject to fines. In addition, if an employer is audited and has not destroyed
outdated I-9 documentation, any errors found on those outdated forms will also
be subject to fines.
6.
Lack of Supporting Documentation for E-Verify
Photo Matching: In 2010, E-Verify introduced photo matching as a way to prevent
employees from using false identifying documents. For passports, passport
cards, permanent resident cards and employee authorization cards the E-Verify
system will require employers to compare the document photo with an onscreen
photo as an additional security measure. ICE also mandates that employers must
maintain a copy of the employee’s photo identification as a supporting I-9
document. Since the E-Verify photo matching is a newer measure, it is likely
that a majority of affected employers are not aware of the additional
requirement to keep a copy of a photo I.D. on file. Any employer who fails to
maintain a copy of a photo I.D. as a supporting document will be in violation and
could be subject to fines.
If you have any questions about
I-9 requirements and/or compliance, please contact us!
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