Business Ownership, Employee Retention, Employees, Human Resources

The latest developments in I-9 compliance

Employers are required to comply with I-9 verification for all employees. Failure to properly utilize the form may subject the business to liability and potential personal liability.

• Enhanced enforcement is a priority
• Increased civil penalties in 2016
• Criminal charges a focus

Examples of Civil Penalties – 1st Offense:
• Knowingly hiring or continuing to employ an authorized alien $539 to $4313 per unauthorized worker
• Paperwork Violations: $216 to $2156 per form

Completion of the I-9 Form and Timeframe:
• Section 1: Must be completed by employee of the “first” day of employment
• Section 2: Must be completed by employer by the “third” day of employment

Retention Requirements of the I-9 Form:
• Three years from date of hire or
• One year from date of termination, whichever date is later


Perform annual internal audits:
• Make any corrections in “red” ink to show that it is truly a correction
• Never use white out
• Initial and date all corrections

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Source: Ogletree Deakins – Ann Louise Brown