Hackensack New Jersey Immigration Attorney will Prepare you for I-9 Compliance Inspections
Many visa holders are authorized to work in the United States. However, all businesses must verify that all employees, both visa holders, and citizens, have documentation that allows them to work in the United States. For visa and temporary work authorization holders, this sometimes already complex process becomes even more unique and individualized. On either side of the compliance equation, an immigration lawyer can help both employers and employees make sure their documents stand up to inspection.
What is an I-9 Form?
The I-9 form is used to verify identity and employment eligibility for individuals hired for employment. All employers in the United States are required to ensure individuals, including citizens and non-citizens, who are hired for employment have completed the I-9 form. Employers must also complete the form and attest to employment authorization.
What Documents Do I Need to Complete the I-9?
The I-9 form requires the employer to examine the employment eligibility and identity documents. The employer must determine whether the specified documents reasonably appear to be genuine. After completing the I-9, the employer is required to keep the form for a designated period of time and make it available for government officers.
The I-9 form requires employees to present certain acceptable documents. Some documents (List A) verify both identity and employment authorization. Others may require a combination of documents, one that establishes identity (List B) and one to establish employment authorization (List C). A list of example documents for each category are as follows:
|To establish identity and employment authorization||To establish Identity||To establish employment authorization|
|US Passport or US Passport Card||US Driver’s License or ID Card||Social Security Number Card (must say US Employment authorized)|
|Permanent Resident Card or Alien Registration Receipt Card (Form I-551)||ID Card issued by federal, state, or local government agencies||Certification of Birth Abroad issued by Dept of State (Form FS-545)|
|Foreign Passport with temp I-551 stamp or temp I-551 printed notation||School ID with photo||Certification of Report of Birth issued by Dept of State (Form DS-1350)|
|Employment Authorization Document containing photograph (Form I-766)||Voter’s Registration Card||Original or certified copy of Birth Certificate (US)|
|Passport from FSM or RMI with Form I-94 or Form I-94A||US Military Card or draft record||Native American tribal document|
|In case of nonimmigrant alien authorized to work for a specific employer incident to status, a Foreign Passport with I-94 or I-94A and current and applicable endorsement of status||Military dependent’s ID Card||US Citizen ID Card (Form I-197)|
|Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the US and the FSM or RMI||US Coast Guard Merchant Mariner Card||Identification Card for Use of Resident Citizen in the US (Form I-179)|
|Native American tribal document|
|Canadian Driver’s License|
What Penalties do I Face as an Employer for Violating I-9 Law?
Employers who violate the law regarding I-9 verification may be subject to a civil fine. Fines for multiple violations involving unlawful employment can exceed $20,000.00 If there is a pattern or practice of I-9 violations, the employer may face criminal penalties.
Inspection of I-9 forms and supplemental documentation is sometimes performed by United States Immigration and Customs Enforcement (ICE). An employer will first be notified of this via a Notice of Inspection (NOE), which requires them to produce the necessary documentation by a provided date. Employers that fail to do so, or that fail to provide documents that pass inspection standards, will be subject to penalties and further action. If you receive a Notice of Inspection Results, also known as a Notice of Compliance, as a result of your inspection, your documents were found to be valid, and no further action is required on your part.
Can an Immigration Lawyer Help My Business Maintain I-9 Compliance?
If you have any questions about Form I-9 or employment eligibility in the United States, contact the Law Office of Nita Kundanmal today at (201) 883-9800. We handle all aspects of I-9 compliance and audit readiness in New Jersey and New York, and throughout the United States.