I-9

Noncitizens applying for naturalization can now use a new version of Form N-400 to request an unrestricted original or replacement SSN card.

USCIS has again extended the employment authorization period for certain EAD renewal applicants to 540 days.

The Form I-9 consists of two main sections: Section 1 is completed by the employee and Section 2 is completed by the employer after examining the employee's original documents. These documents, from the list of Form I-9 acceptable documents, are one document from either List A or List B and one document from List C.

Proper completion and processing of Form I-9 has been of the highest importance for every employer ever since the Immigration Reform and Control Act mandated its use in 1986. Known as the Employment Eligibility Verification Form, this document serves to verify the identity and employment eligibility of every new employee hired to work for U.S. employers.

DHS, in tandem with the DOJ, released joint guidance pertaining to employers who either use a “home-grown” electronic I-9 system, or contract to use a platform supplied by an I-9 vendor.

It has been almost four decades since the Immigration Reform and Control Act was introduced in 1986. Yet, many employers still have trouble understanding the importance of avoiding common Form I-9 compliance violations. These violations can have a serious impact on a business, and there is a broad range of Form I-9 compliance violations resulting from negligence. The penalties the U.S. Immigration and Customs Enforcement (ICE) can impose for even the most benign can be very costly and detrimental to employers. For industries that typically employ a large number of immigrants, but even for small businesses, immigration compliance is a business necessity. To prevent costly errors, improve I-9 administration and minimize the risk of violations in future operations, every organization should seek to establish a detailed and comprehensive policy and adhere to it.  In February 2024, the Department of Homeland Security (DHS) released increased fines for Form I-9 civil penalties to account for annual inflation. The new fines are effective for Form I-9 penalties assessed after February 12, 2024, for associated violations that occurred after November 2, 2015. To avoid Form I-9 fines, employers need to be aware of the recent adjustments: The penalties now range from $281 to $2,789 (previously $272 to $2,701) for the paperwork violation (per relevant individual) The penalty for the first offense for unlawful employment of aliens has increased from $676 - $5,404 to $698 - $5,579, per unauthorized alien. The penalty for the second offense for unlawful employment of aliens has increased from $5,404 - $13,508 to $5,579 - $13,946, per such alien. The penalty for the third offense for unlawful employment of aliens has increased from $8,106 - $27,018 to $8,369 - $27,894, per such alien. The violation relating to employer’s failure to notify of Final Nonconfirmation of employee’s employment eligibility has increased from $942 - $1881 to $973 – 1,942, per relevant individual. The penalty for unfair immigration related employment practices has increased from $557 - $4,465 to $575 - $4,610 for the first order, per discriminated individual to $6,913 – $23,048 for third and subsequent offense. The fines for unfair documentary practice have increased to $230 - $2304, per individual discriminated against. Whereas the penalty for document fraud can vary anywhere from $575 - $11,524 per document pursuant to 8 U.S. Code § 1324c (a) (1) – (6) on whether it’s first or subsequent offense. On average, 65%-75% of the I-9s audited have one or more errors. For example, the proposed fine for an employer with 1,000 I-9s that is found to have 65% error rate (i.e. 650 I-9s) with substantive errors would face a potential fine of over $1.8 million (650 x $2,789 = $1,812,850). Taking into account that any mistakes made in filling out and filing Form I-9 can be even more costly than before, employers need to adhere to the necessary rules and procedures. To avoid Form I-9 fines, they should regularly assess their organization’s hiring processes, retention and storage policies, fully understand the types of Form I-9 violations and lawfully correct any errors if the need arises. How to Take Proactive Measures to Avoid Form I-9 Fines ICE actively conducts worksite enforcement audits and if employers fail to complete, retain or make Form I-9 available for inspection, the punishments imposed can result in significant penalties. Therefore, to avoid Form I-9 fines, employers are encouraged to take proactive measures, develop proper procedures and perform regular self-audits. On the other hand, employers who fail to do this or to properly train and supervise the preparation and maintenance of Form I-9 expose themselves to sizable risks by making common I-9 mistakes. While some errors may be corrected, employers can avoid Form I-9 fines and significant expenses by developing internal procedures to ensure that every form is properly completed, verified, maintained and readily accessible. To simplify this and transform hiring compliance into a highly efficient and reliable operation, they can automate Form I-9 administration, convert paper documents to compliant electronic forms, filter outdated files, remediate errors and avoid costly Form I-9 penalties. As a result, employers replace the risks and expenses of outdated, obsolete I-9 processes in favor of smarter, faster and more reliable Form I-9 management and compliance. Complete Form I-9 properly, save time on the review process, and ensure compliance during the hiring process while meeting United States Citizenship and Immigration Services and ICE regulatory mandates.

Form I-9 and E-Verify are often confused. Learn more about their differences are to avoid costly mistakes and secure immigration compliance.

Responding to an I-9 Notice of Inspection timely is critical as it determines further actions. Take these next steps to reduce risks.

Learn about common Form I-9 misconceptions and steps to avoid them and the costly fines that can accompany these mistakes.

The FDLA is sending out audit notices related to the new Florida E-Verify law, but with inconsistencies on the effective date.

Learn more about the importance of the M-274 Handbook for Employers and make sure to align your I-9 practices with current guidelines.

Learn how employers can maintain I-9 compliance when a Puerto Rico birth certificate is used as a list C document.

A government shutdown was averted, but could still be a future reality. Learn about potential affects on employment authorization to prepare.

The 540-day extension of employment authorization documents is reverting to a standard 180-day extension Oct. 27.

Learn what to expect during an external I-9 audit and how to best prepare so you can reduce your risk of fines and penalties.

The USCIS has announced the long-awaited remote process for Form I-9 verification which will be rolled out with the new I-9 form August 1. Get the details.

An internal I-9 audit can improve compliance and overall I-9 management. Learn how to conduct one for your organization and reduce your risk of errors.

According to the Immigration Reform and Control Act, all employers must verify the identity and employment authorization of employees working in the United States who were hired after November 6, 1986. This verification process is documented by completing and retaining Form I-9, Employment Eligibility Verification, regardless of the employee’s immigration status. Even though completion of Form I-9 is designed to be simple, there are quite a few details both employees and employers must be careful about to ensure thorough compliance with all federal requirements. Therefore, it is important to not only understand Form I-9 and its sections, but how to draft a standard operating procedure to improve compliance. Form I-9 Standard Operating Procedure A standard operating procedure (SOP) is a document that outlines the steps employees must follow to complete a specific task. An SOP for an I-9 policy ensures compliance with IRCA, protects employers from liability, and streamlines the I-9 process. An SOP will include a well-defined business process to properly complete Form I-9. I-9 compliance is not only a legal requirement, but also a smart business decision. Here are a few points to consider when drafting an I-9 SOP. Clearly state the objective of the SOP and what it is intended to achieve.Define what the SOP covers and what it does not cover. It might not cover, for example: Immigration-related procedures such as visa applications, relocations, ex-pat situations, etc.The procedures for E-Verify for those who do not participate in E-Verify.The procedures for other HR-related forms such as W-4, Direct deposit, W-9, a non-disclosure agreement (NDA), Background check consent form, Employment Agreement, etc.The procedures for other legal compliance forms, such as OSHA, HIPAA, etc. Research the I-9 form and relevant regulations, reference material such as the Department of Justice and Immigrant and Employee Rights, and gather any necessary examples, guides, or other resources. For example, enforcement of anti-discrimination provisions by the agencies, extension rules for TPS, updates on DACA, asylees, and refugees, etc.Outline the company's policies and procedures for the I-9 process, such as the roles and responsibilities of employees and departments or authorized representatives involved in the process, and the procedures for handling errors or inconsistencies, whether you will complete a new I-9 or utilize Section 3 for rehires, remote agent policies, etc.Create a checklist of the steps to be followed during the I-9 process and break down the I-9 process into a logical sequence of steps and provide detailed instructions for each step. For example Steps before and on the first day of employment, steps to be taken within three business days from the first day of employment, the procedures for completing the I-9 form, including the version of the Form I-9 to be completed, types of acceptable documents, the process for verifying employee identity and work eligibility, the deadlines for completing the form, options available for remote or Hybrid employees on completion of Section 2, the retention and storage requirements for the I-9 forms and other relevant documents, E-verify process if you participate in E-Verify, Section 3 reverifications, etc.Use images, diagrams, or flowcharts to help employees and authorized representatives understand the process more easily.Provide details of the training, job aids, knowledge articles, and support provided to those who are responsible for completing the I-9 form.Reference system reporting and notification schedule and tools available for Section 3 reverifications, receipts, pending Sections 1 and 2, pending corrections, etc. Emphasize the compliance requirements and regulations related to the I-9 form, such as the penalties for noncompliance and the processes for dealing with government audits or inspections.Ensure that the SOP must be written in clear and concise language, reviewed, and updated on a regular basis to keep it accurate and up to date with the current regulations. Keep a track record of all the amendments made to the SOP and ensure that the compliance team reviews and approves the SOP before making it widely available. Include escalation points and contact information of the person/s or department responsible for the I-9 process. By following these tips, you can help ensure that your company is in compliance with I-9 regulations and avoid costly fines and penalties. Avoid Form I-9 Mistakes with Proper Management Correctly completed I-9 forms are an indispensable condition of compliance, as a key step in ensuring the legality of their businesses when it comes to immigration policy. However, that is not nearly enough – if any of the other mistakes we listed are made, the effect achieved by proper completion will be in wane, as the penalties for inaccuracies, missed deadlines and re-verifications can still be too high to handle for any business. There are no mistakes in I-9 management that will go unpunished if detected by authorities. To avoid the risk of exposing the company to fines and lawsuits, many employers decide to upgrade their operations in this field by adopting advanced I-9 software solutions. Electronic I-9 management includes control mechanisms, easy access to stored I-9s, automatic deadline notifications, integration with E-Verify, and data security measures. Learn more about the ways to safely outsource I-9 administration, prevent Form I-9 mistakes and costly fines, and improve compliance through the use of a reliable state-of-the-art electronic I-9 system.