Employer Compliance & I-9 Audits
Employers are responsible for verifying their employee’s identity and eligibility to work in the United States. In 1986, Section 274A of the Immigration Reform and Control Act made employment of unauthorized workers illegal. Since then, in general, it is unlawful for a person or other entity to hire, recruit or refer for a fee, for employment in the United States (U.S.), a worker who is known to be unauthorized for employment.
Employers have a responsibility to examine sufficient documentation to establish employment eligibility. To determine the documents which establish identity, employment authorization, or both, consult the current I-9 form and instructions which can be found on the United States Citizenship and Immigration Service (“USCIS”) website at www.uscis.gov.
The I-9, the employment eligibility verification form, must be on hand for every employee. An employer must have this form filled out withing three days of hiring the employee and must indicate the immigration status of the employee. They may be a U.S. citizen, permanent resident, or on a visa that allows them to have work authorization in the United States.
In addition, an employer must request an individual attestation of employment authorization on Form I-9 in which the employee attests, under penalty of perjury, that he or she is eligible for employment. This form must be retained by the employer after completion and made available for inspection by officers of the Department of Homeland Security (DHS) or the Department of Labor.
Contact Murad Immigration Law for compliance training on I-9 completion and assistance in audits of I-9 forms. Additional services include responses to I-9 notice of inspection, notices of intent to fine, raids and criminal enforcement actions.