Form I-9: A Legal Requirement
An article authored by Gregory Siskind, Esq. entitled 'I-9 Forms and IRCA Compliance' can be viewed at the linked site. Siskind does a good job of explaining both the requirements of IRCA- the Immigration Reform and Control Act of 1986- and the I-9 Form which relates to IRCA. As Siskind points out, employers are affected by obligations imposed by IRCA, even those employing only United States citizens. Some of Siskind's points are summarized.
Employers are required by law to demand documents from employees that are considered sufficient to verify both the identity of the employee and proof that the employee is authorized to work. A form known as the I-9 is used to record information related to emplyees and their work authorization. Employees must complete an I-9 form when they are hired and employers must comply with the verification requirements related to the form. Employers are responsible for maintaing the form and need to have it available if necessary to document their compliance with IRCA. Failure to comply can entail costly fines and disqualification from landing government contracts. Adverse publicity can also result.
The I-9 form is a one page form with three sections. The first section requires biographical information about the employee. In this part the employee must certify that he or she is a citizen of the United States, a legal permanent resident of the United States or an alien who is authorization to work based on some other immigration status. The second section of the I-9 must be completed by the employer. The documents presented by the employee are recognized in this section. The third section allows for periodic updates by employers.
So what types of documents satisfy the legal requirements of IRCA? There are two classes of documents corresponding to the two leagl requirements. Proof of identity can be met by presenting a driver's license among other things and proof of employment authorization can consist of a social security card or an immigration document authorizing employment. There are also documents that satisfy both requirements- identity and employment authorization. Examples include United States passports and legal permanent resident alien cards commonly known as green cards. The employee has a choice as to what documents to present as long as the documents satisfy the legal requirements. Employers cannot legally restrict the options to just a subset of documents like for example, U.S. passports or green cards.
The I-9 requirement is not applicable in certain circumstances. Applicants not hired, unpaid volunteers and independent contractors need not fill out I-9s. In addition unless the gap between employment periods exceeds three years, rehired employees are likewise exempt.
I-9s can be completed and stored on computers. Legislation passed in October 2004 made this possible. I-9 forms need to be kept for current employees and for former employees from three years after their hiring date or at least a year after termination. The latest of the two dates applies.
There are some aliens who are authorizaed to work but only until a specified date. For such employees an employer is obligated to, not only note the expiration date on the I-9 Form, but also to re-verify any extensions the worker receives on the I-9 Form. Since as the word permanent implies, legal permanent resident aliens are not subject to limited work authorizations as their re-verification requirements do not apply to them.
Siskind had this to say about possible fines pertainig to I-9 related violations.
"Fines for hiring unauthorized workers will amount to anywhere from $250 to $5,500 per worker depending on the prior history of violation. Employers can also be barred from competing for government contracts for a year if they knowingly hire or continue to employ unauthorized aliens. Paperwork violations can also result in significant fines. Each mistake or missing item on a form can result in a $100 penalty up to $1000 for each form. A missing form would automatically be assessed at $1000. An employer, for example, that had 100 employees and did not complete I-9 Forms might face a $100,000 fine."
Employers are required by law to demand documents from employees that are considered sufficient to verify both the identity of the employee and proof that the employee is authorized to work. A form known as the I-9 is used to record information related to emplyees and their work authorization. Employees must complete an I-9 form when they are hired and employers must comply with the verification requirements related to the form. Employers are responsible for maintaing the form and need to have it available if necessary to document their compliance with IRCA. Failure to comply can entail costly fines and disqualification from landing government contracts. Adverse publicity can also result.
The I-9 form is a one page form with three sections. The first section requires biographical information about the employee. In this part the employee must certify that he or she is a citizen of the United States, a legal permanent resident of the United States or an alien who is authorization to work based on some other immigration status. The second section of the I-9 must be completed by the employer. The documents presented by the employee are recognized in this section. The third section allows for periodic updates by employers.
So what types of documents satisfy the legal requirements of IRCA? There are two classes of documents corresponding to the two leagl requirements. Proof of identity can be met by presenting a driver's license among other things and proof of employment authorization can consist of a social security card or an immigration document authorizing employment. There are also documents that satisfy both requirements- identity and employment authorization. Examples include United States passports and legal permanent resident alien cards commonly known as green cards. The employee has a choice as to what documents to present as long as the documents satisfy the legal requirements. Employers cannot legally restrict the options to just a subset of documents like for example, U.S. passports or green cards.
The I-9 requirement is not applicable in certain circumstances. Applicants not hired, unpaid volunteers and independent contractors need not fill out I-9s. In addition unless the gap between employment periods exceeds three years, rehired employees are likewise exempt.
I-9s can be completed and stored on computers. Legislation passed in October 2004 made this possible. I-9 forms need to be kept for current employees and for former employees from three years after their hiring date or at least a year after termination. The latest of the two dates applies.
There are some aliens who are authorizaed to work but only until a specified date. For such employees an employer is obligated to, not only note the expiration date on the I-9 Form, but also to re-verify any extensions the worker receives on the I-9 Form. Since as the word permanent implies, legal permanent resident aliens are not subject to limited work authorizations as their re-verification requirements do not apply to them.
Siskind had this to say about possible fines pertainig to I-9 related violations.
"Fines for hiring unauthorized workers will amount to anywhere from $250 to $5,500 per worker depending on the prior history of violation. Employers can also be barred from competing for government contracts for a year if they knowingly hire or continue to employ unauthorized aliens. Paperwork violations can also result in significant fines. Each mistake or missing item on a form can result in a $100 penalty up to $1000 for each form. A missing form would automatically be assessed at $1000. An employer, for example, that had 100 employees and did not complete I-9 Forms might face a $100,000 fine."
Labels: Immigration
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