Worry Free I-9 Forms

What’s the big deal about I-9’s?

1. Required by Law: The Immigration Reform and Control Act required employers to verify that employees were authorized to work in the United States by completing a Form I-9 for every new employee hired after November 6, 1986. I-9’s must be completed within 3 days of hire.
2. Fines and Penalties:  Employers failing to comply with Form I-9 requirements will be subject to a civil penalty ranging from $110 - $1,100 per employee. Hiring or continuing to employ a person, or recruiting or referring for a fee, knowing that the person is not authorized to work in the United States will now face civil fines of  $375-$3,200 for each undocumented individual on the first offense, and up to $16,000 for each individual on a third offense. The fine of up to $6,500 is for committing or participating in document fraud. For more information on fines and penalties, click here.
3. Recent Worksite raids: Federal agents raided 11 McDonald’s restaurants in Nevada and made dozens of arrests as part of an investigation into illegal immigration. The owner of an Oakland, CA carpentry business was arraigned on criminal charges in connection with an ongoing probe into allegations that he knowingly hired illegal aliens.
4. Rules: I-9’s can not be used as a prescreening tool.

Tools for conducting your own I-9 audit.

• How to conduct your own I-9 Audit
• I-9 Auditors Check List
• I-9 links

Employers in California Have Options:

Option 1: Old School – Paper I-9’s

These I-9 forms are completed by hand, by both the employer and the employee.

• Pros: No out of pocket cost.
• Cons: Retention of files can be cumbersome, following up on time sensitive deadlines must be done by hand (tickler file), burden on employer is heavy, no verification that the documentation on the I- 9 form is valid.

Option 2: Government Program – E- Verify

Allows employers to electronically verify the employment eligibility of newly hired employees. Using E-Verify will virtually eliminate Social Security mismatch letters, improves the accuracy of wage and tax reporting and helps US employers maintain a legal workforce.

• Pros: No out of pocket cost.
• Cons: A paper signature is still needed. Only the social security number is verified. For more information, go to: www.uscis.gov/e-verify.

Option 3: The I-9 Advantage

This method uses the core of the E-Verify system and then takes things to a more improved level, with:

• A completely paperless system.
• Reminders sent to the employer as time sensitive documents expire.
• Verification that ALL documents provided are valid, not just the social security number.
• If any documents are flagged as a no match, the employer is immediately notified and given 10 days to resolve the situation.

• Pros: An employer who verifies work authorization is presumed to have not knowingly hired an unauthorized alien.
• Cons: One time set up fee & individual I-9 fees.