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New York City Business Immigration Lawyer / New York City I-9 Employment Compliance Lawyer

New York City I-9 Employment Compliance Lawyer

Ensuring Legal Employment in the U.S.

I-9 compliance is a crucial part of U.S. employment law, requiring employers to verify the identity and employment authorization of all individuals hired for employment in the United States. This process helps ensure that all employees are legally eligible to work in the U.S. and helps prevent illegal hiring practices. Contact our experienced New York City I-9 employment compliance lawyer for more information or immediate assistance.

Key Components of Form I-9

Form I-9, Employment Eligibility Verification, is the document employers must use to verify the identity and employment authorization of their employees. The form consists of three sections:

  1. Section 1: Employee Information and Attestation
    • Completed by the employee on the first day of employment.
    • Requires the employee to provide personal information, including name, address, date of birth, and Social Security number.
    • Employees must also attest to their citizenship or immigration status.
  2. Section 2: Employer Review and Verification
    • Completed by the employer within three business days of the employee’s first day of employment.
    • Requires the employer to review original documents presented by the employee that establish identity and employment authorization.
    • The employer must record the document information, including document title, issuing authority, document number, and expiration date.
  3. Section 3: Reverification and Rehires
    • Used for re-verifying the employment authorization of employees whose work authorization has expired.
    • Also used when rehiring an employee within three years of the original Form I-9 completion date.

Acceptable Documents for Form I-9

Employees must present original documents that establish both identity and employment authorization. The documents are categorized into three lists:

  • List A: Documents that establish both identity and employment authorization (e.g., U.S. passport, Permanent Resident Card).
  • List B: Documents that establish identity only (e.g., driver’s license, state ID card).
  • List C: Documents that establish employment authorization only (e.g., Social Security card, birth certificate).

Employees must present either one document from List A or one document each from List B and List C.

Employer Responsibilities

Employers have several responsibilities to ensure I-9 compliance:

  1. Timely Completion:
    • Ensure that Section 1 is completed by the employee on their first day of work.
    • Complete Section 2 within three business days of the employee’s start date.
  2. Document Verification:
    • Review original documents presented by the employee and verify their authenticity and relevance.
    • Employers are not required to be document experts but must accept documents that reasonably appear to be genuine.
  3. Recordkeeping:
    • Retain completed Form I-9 for all employees for at least three years after the date of hire or one year after employment ends, whichever is later.
    • Store Form I-9 securely, either on paper or electronically.
  4. Reverification:
    • Reverify employment authorization for employees with expiring work authorization before it expires using Section 3.
  5. Anti-Discrimination:
    • Ensure that the I-9 verification process does not discriminate against employees based on national origin, citizenship status, or immigration status.
    • Avoid requesting more or different documents than required.

Penalties for Non-Compliance

Non-compliance with I-9 requirements can result in significant penalties, including:

  • Civil Fines: Employers may face civil fines ranging from hundreds to thousands of dollars per violation.
  • Criminal Penalties: Engaging in a pattern or practice of knowingly hiring unauthorized workers can lead to criminal penalties, including imprisonment.
  • Debarment: Employers may be barred from participating in federal contracts.
  • Reputation Damage: Non-compliance can damage an employer’s reputation and affect their ability to attract and retain talent.

Best Practices for I-9 Compliance

To ensure I-9 compliance and avoid penalties, employers should implement the following best practices:

  1. Training and Awareness:
    • Provide regular training for HR personnel and managers on I-9 compliance requirements and anti-discrimination laws.
    • Keep updated with changes in immigration laws and procedures.
  2. Internal Audits:
    • Conduct regular internal audits of Form I-9 records to identify and correct any discrepancies or deficiencies.
    • Use checklists to ensure that all required steps are followed during the hiring and verification process.
  3. Clear Policies and Procedures:
    • Develop and implement clear policies and procedures for completing Form I-9 and maintaining records.
    • Ensure that all employees involved in the hiring process are familiar with these policies and procedures.
  4. Legal Consultation:
    • Consult with immigration attorneys or compliance experts to stay informed about legal requirements and to receive guidance on complex cases.
    • Seek legal advice when hiring foreign workers to ensure adherence to all requirements.
  5. Documentation and Recordkeeping:
    • Keep thorough and organized records of all employment eligibility verification documents.
    • Ensure that records are stored securely and can be easily accessed during audits or inspections.

I-9 compliance is a critical aspect of U.S. employment law that helps ensure a legal workforce and protects employers from significant penalties. By understanding the requirements, implementing best practices, and staying informed about changes in the law, employers can successfully navigate the I-9 verification process.

For personalized guidance on I-9 compliance, contact our Manhattan I-9 compliance attorney who specialize in helping businesses maintain compliance with immigration regulations.

New York City I-9 Employment Compliance FAQs

Q: How often should we conduct internal audits of Form I-9?
A: It is recommended to conduct internal audits at least once a year or whenever there is a significant change in staffing or regulations.

Q: What should we do if we find an error on a completed Form I-9?
A: If an error is found on a completed Form I-9, correct the error by drawing a line through the incorrect information, entering the correct information, and initialing and dating the correction.

Q: Can we store Form I-9 electronically?
A: Yes, employers can store Form I-9 electronically as long as the storage system meets USCIS requirements for security, accuracy, and accessibility.

Q: What are the penalties for not complying with I-9 requirements?
A: Penalties for non-compliance can include civil fines, criminal penalties, debarment from federal contracts, and damage to the employer’s reputation.