Cleveland I-9 Compliance Attorney
Complying with Requirements for Form I-9: Employment Verification
When someone begins a new job, they are asked to complete an I-9 form in order to verify that they can legally work in the United States. Whether you are a born U.S. citizen or in the United States on a work visa, you must complete an I-9. It is not only the responsibility of the employee, but the employer as well to ensure that this is done. If you have questions about someone’s ability to fill out an I-9 form appropriately, the Ohio immigration law team at Brown Immigration Law is here to help.
Dial (888) 991-6221 or contact us online today to schedule your consultation.
Employee Responsibility
Once you have been hired, it is your responsibility to provide just and valid documentation that proves that you are eligible to work in the United States.
This can include documents that establish identity and employment authorization, such as:
- A valid passport
- Permanent resident card
- Foreign passport with I-551 stamp
- Completed Form I-766
- Foreign passport with I-94 or I-94A form endorsing the person
You may also submit documents of identity along with documents establishing employment authorization, such as:
- Valid driver’s license or ID card
- Photo ID such as a school ID card, voter registration, military draft, U.S.C.G. merchant mariner card, Native American tribal document, or other documents for those under age 18
- Social Security Account Number card
- Birth certificate
- Resident citizen ID card
- Employment authorization from the Department of Homeland Security
If you are unsure about whether or not you or someone you know has the valid documentation necessary to secure employment, call Brown Immigration Law and schedule a consultation. We can help you better understand the law and establish your authorization to work in the U.S.
Employer Responsibility
Within three days of their being hired, it is the responsibility of your employer to provide an I-9 form and then verify that the employee is eligible to work in the United States. All completed I-9 forms must be kept by employers for at least three years after the employee's date of hire, or at least one year after the date the employee was terminated. These forms may be stored electronically or as hard copies, but they must be kept in a safe place. Failure to retain these documents can result in serious federal consequences.
E-Verify is an internet-based system that matches an employee’s I-9 form with government records to confirm that the person can legally work in the U.S. Unlike an I-9, however, E-Verify requires photo documentation.
Re-Verification
For employees holding visas that allow them to work in the U.S., it is important that they update and re-verify their eligibility to work within this country should they have a change of status or extension of their visa. It is important to note that E-Verify cannot be used to reverify an expired employment authorization.
Audits
Not all form submissions will include the correct information. When an employee is unable to provide the right information, the employer can ask them to resubmit the form or get the help of a translator/preparer. If an employer suspects that the information submitted was possibly fraudulent, it is suggested that they address the concern with the employee. Employers cannot use an I-9 audit to discriminate against, retaliate against, or intimidate an employee.
Occasionally, I-9 audits will be performed by the Immigration and Customs Enforcement. Unauthorized workers will ultimately be dismissed and could be subject to deportation and removal. Employers found guilty of hiring or employing a person who is not legally allowed to work in the United States could face fines up to $16,000 per worker.
Questions Regarding Your I-9 Form? Contact Brown Immigration Law
When it comes to hiring, having the right legal advice on your side could make the difference between years without an audit and sudden penalties brought on by an investigation. Any questions regarding your employee or employer responsibility when completing an I-9 can be directed to Brown Immigration Law. With our decades of experience, we have handled thousands of cases and can provide you with dependable legal counsel for your issue. Your business is important. Let us help you stay within the law and avoid penalties.
Contact our firm today to speak with a Cleveland I-9 compliance lawyer.
