Not I-9 Compliant? It Could Cost You.

Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States.

In January 2023, a staffing company based in Minnesota was penalized $250,000 for violating the Immigration and Nationality Act. The employer was charged with discriminating against non-U.S. citizen workers when checking their permission to work in the United States. The company’s fault lay in its failure to meet I-9 employment eligibility verification standards. 

Under I-9 regulations, requesting more or less documentation than is required can lead to severe results. Even requiring specific documents, instead of allowing employees to choose among legally acceptable documents, is an unlawful employment practice. Unnecessarily reverifying an employee’s permission to work is also prohibited. In addition, there are strict rules around how long an I-9 form needs to be retained for current and past employees. 

“When employees present legally acceptable documentation to demonstrate their permission to work, employers cannot demand different or additional documents because of the employees’ citizenship or immigration status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division (justice.gov). 

According to the United States Citizenship and Immigration Services (USCIS), Form I-9 is used to “verify the identity and employment authorization of individuals hired for employment in the United States” (USCIS.gov/i-9). All U.S. employers must complete Form I-9 for each person hired, both citizens and noncitizens. USCIS sets forth expectations for what constitutes a complete and correct I-9 form, acceptable documents for I-9 verification, and why I-9 compliance matters.

I-9 compliance is an essential requirement for every employer, but it is often neglected or not fully or accurately completed in the busyness of daily operations. Not only is I-9 compliance important, but failing to meet requirements can result in hefty consequences for employers. We recommend retaining experienced business immigration counsel like ImLaw’s attorneys to ensure that your company is fully compliant with all I-9 regulations and protocols. Our experienced attorneys are equipped to provide you with I-9 training, including self-audits, strategies tailored to your company and industry, and tips for preventing and mitigating I-9 penalties.

You can learn more about our I-9 compliance services and our dedicated business immigration law attorneys here. Let us know how we can help you by completing our simple online contact form here.