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I-9 Compliance for Employers | Immigration Attorney Mario Godoy

I-9 Compliance for Employers

Businesses are required by federal law to document the identity and legal status of every employee. The Employment Eligibility Verification Form – commonly referred to as Form I-9 – provides documentation that an employer verified the employee’s identity and eligibility. The Immigration Reform and Control Act of 1986 (IRCA) requires employers to verify the identity and employment eligibility of their employees and created criminal and civil penalties for employment-related violations.

• Employers must fill out an I-9 form within 3 business days after a new employee begins work.

• Original employment verification documents must be kept for all current employees in the case of a government audit.

• Employers must retain these forms for a minimum of 3 years from the date of hire or for 1 full year after the employee is terminated or leaves the company, whichever comes later.

Failure to comply with the employment verification regulations in the Immigration Reform and Control Act of 1986 by knowingly hiring or continuing to hire ineligible employees can result in penalties including fines, forfeiture of company assets and even imprisonment.

I-9 Inspections

Employment verification is enforced by The Department of Homeland Security’s (DHS) U.S. Immigration and Customs Enforcement (ICE) agents or auditors who can conduct an inspection of a business for I-9 compliance. Employers are by law provided with at least 3 business days to produce the I-9 Forms. If a technical or procedural violation is found, an employer is given 10 days to correct the violation.

Compliance with IRCA is mandatory whether you are hiring United States born citizens, green card holders or other foreign workers. Errors or compliance documentation issues can result in serious fines or even imprisonment. Consulting an experienced immigration lawyer to help you put employee verification processes and procedures in place can protect you against liability and penalties.

Contact the experienced I-9 immigration attorneys at Godoy Law Office in Cook County and DuPage County today to start exploring your options through a private consultation at 855-554-6369. 

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