I-9 Compliance

The Immigration and Nationality Act (INA) sets forth conditions in which temporary or permanent immigrants in the United States can be employed, addresses legal employment verification, and states employment eligibility. All employers must adhere to the INA, therefore, must only hire individuals who can legally work in the United States. This may include naturalized citizens, nationals, or immigrants who have been authorized to work in America through a green card or permanent resident status.

By federal law, employers are ordered to comply with I-9 requirements and must confirm the eligibility of an individual that is to be hired. This can be successfully accomplished with an I-9 Employment Eligibility Verification Form. By speaking with an immigration lawyer from Catherine R. Henin-Clark, P.A., we can advise potential employees on how to properly complete an I-9 form, or give counsel to potential employers to ensure that all forms are filed correctly and documented. Doing so can help potential employers and employees avoid costly mistakes, penalties, and sanctions.

Paying attention to detail is of the absolute importance when filing out an I-9 form. Though it may look like a simple, single page document, the I-9 form is essentially the key to being deemed eligible to work in America. Failure to fill out an I-9 form properly can have disastrous consequences for employers and employees alike. Preventing liability in these circumstances could be your greatest asset.

If you are an employer, getting your legal house in order is extremely important. With the help of an immigration lawyer from our firm, we can help ensure that your forms are filled out properly. If you are considering hiring an individual with extraordinary ability and need to bring them stateside, having a careful strategy in effect can help prevent costly mitigation from U.S. Immigration and Customs Enforcement agencies. As counselors at law, we advise that all employers should implement effective I-9 procedures that can result in accuracy and consistency, ensuring that all forms are prepared properly, are maintained, and disposed of uniformly. As an employer, it is your duty to ensure that any additional documents required, such as identification and work authorization, are in fact legal and original documents.

New hires must complete an I-9 form either prior to or on employment start date. Perhaps one the most common violations that employees and employers make is due to a simple oversight: forgetting to sign the document. Forms that are unsigned or incomplete could result in substantive violations. If an I-9 form is found to be noncompliant, consequences could range from warnings, to fines, or even criminal charges that could lead to deportation.

Consistency and uniformity is key to protecting your company and your potential employee from claims of I-9 noncompliance. Failure to pay attention to detail could lead to life-changing consequences, and should you need deportation defense due to I-9 Form noncompliance, an immigration lawyer from our firm can help you. I-9 compliance and procedure can often be confusing, so employers who wish to protect their company or potential employees should consult our firm as soon as possible.

Whether you are an employee or employer, it is in your best interests to contact Catherine R. Henin-Clark, P.A. as soon as possible. Though I-9 forms are available in different languages, we do not want a language barrier to be the cause of misunderstanding an I-9 form, leading to an I-9 violation. If you speak French or Spanish, we can speak your language, so call us today!