The I-9 is a form that relates to an immigrant’s ability to work in the United States. A non-citizen must complete this form at their time of hire.
Failing to comply with I- 9 regulations can result in severe consequences. It is important for anyone accused of violating their immigration status, and any employers accused of violating I-9 regulations, to speak to a Marietta I-9 compliance lawyer. A quality employment-based immigration attorney could work with you to ensure that the I-9 form is completed properly.
Employers must ensure that workers complete an I-9 before they start working and must verify the worker’s information on that form. As part of the process, employers should examine the document, as well as evidence of the individual’s identity. The law provides just three days to complete this process after the individual begins working for a business.
Once the employer collects an I-9 form, they must keep that document on file for at least three years from their employee’s hire date, or for a minimum of one year after they terminate the employee. The business can maintain those documents electronically or in paper form.
E-Verify is a system that maintains information regarding an individual’s ability to work. This program can help an employer verify an employee’s status but must continue to ensure that the employee retains their ability to work in the United States. Employers with questions regarding hiring noncitizen workers should contact a local I-9 compliance attorney.
Employees must complete their form I-9 documents with complete and truthful information. They must also provide such documentation to their employer promptly and at their time of hire.
Employees seeking to work in the United States will need to obtain the proper form of visa. An individual who is not sure of their visa status or ability to work in the country should contact a lawyer who specializes in visa applications.
Audits of I-9 Compliance
The United States Immigration and Customs Enforcement (ICE) routinely audits I-9 compliance. Employers and employees need to ensure that they meet I-9 requirements to avoid violating immigration law.
Even if a violation was a mistake, these errors may result in fines. Employers would be wise to speak to a Marietta noncitizen worker lawyer about their obligations to prevent severe consequences in the event of an audit.
Results of an I-9 Audit
Following an I-9 audit, ICE will communicate their findings to the employer. If everything checks out, then ICE will send a compliance letter. However, if ICE finds suspicious documents, they can notify the employer detailing potential legal consequences that will result from continuing to employ non complying workers.
Sometimes ICE will notice potential discrepancies and will request additional documents regarding an employee’s eligibility to work in the country. ICE may also send a warning notice indicating that officials will likely follow up with the business to determine whether the employer remedied any possible violations.
Severe violations can lead to criminal prosecution and there is a lot at stake for employers facing potential I-9 compliance violations. Employers need to consult with an experienced lawyer to discuss their employment practices.
Hire a Marietta I-9 Compliance Attorney
A bilingual legal professional could work with a business to ensure they comply with relevant immigration-related laws. The burden of complying with I-9 requirements falls both on the employer and the employee.
The proper course of action may not always be clear, and immigration-related documents can be difficult to navigate. Speak to a Marietta I-9 compliance lawyer to learn more about how to protect yourself as a worker, or to protect your business as an employer.