With the proliferation of illegal immigration into the United States and the condition of the U.S. economy of late, the impact that illegal workers have on the U.S. job market has become increasingly important.
In 1986, the Immigration Reform and Control Act was enacted as one measure to help combat that impact, and with it, the Employment Eligibility Verification, or I-9 Form, was born. The form, as provided by the government, stipulates that certain information and documents be produced by every person hired in the United States to prove two things: identity and authorization to work in the United States
The law seems simple enough, yet it has very specific guidelines which must be followed by all employers. Perhaps due to lack of information, occasional indifference on the part of employers or lack of enforcement efforts, noncompliance with the I-9 regulations has become common.
The I-9 form must be completed within three business days after an employee is hired, and must be retained by the employer for the duration of the employee’s employment, plus one year after employment is terminated. There is a predetermined list of acceptable documents that satisfy identification and verification of work eligibility in the United States. An employer cannot specify which of these documents must be produced, as long as at least one example of each is shown.
To prevent discrimination, employers must treat all employees in the same manner. This means they cannot profile certain employees by investigating further when someone “appears” to be an immigrant. As long as the documents produced appear genuine and are originals, the employer must accept them. No employer can discriminate based upon age, gender, race, or ethnicity, and furthermore, they cannot discriminate against someone whose work authorization is going to expire in the near future. Because of these technicalities, employers generally do not (and probably should not) request the completion of the I-9 until after an employee is hired.
Reports show that Immigration and Customs Enforcement (“ICE”) has become more vigilant in recent years, and more and more employers are being investigated for I-9 compliance and receiving punishments, including fines and even criminal charges for oversights, both intentional and otherwise, regarding their workers’ I-9 eligibility. In order to effectively prevent this trend from continuing, the best option employers have is the obvious one: take the time to properly and legitimately complete all I-9 forms, and consult an expert if you have any additional questions. Don’t let ICE say “I-9” and sink your battleship.
Contact The McHattie Law Firm for additional assistance relating to I-9 forms or employment matters, generally.