USCIS had revised the Employment Eligibility Verification, Form I-9.
Employers must use the revised Form I-9 dated 03/08/13 (in the lower left corner).

Effective May 7, 2013, employers who fail to use Form I-9 (Rev. 03/08/13)N may be subject to all applicable penalties under section 274A of the INA, 8 U.S.C. 1324a, as enforced by U.S. Immigration and Customs Enforcement (ICE) and DOJ.

Click here for the most current Form I-9. It is a fillable form and includes helpful drop-down lists.

The Form I-9, Employment Eligibility Verification

The federal government requires all employers to verify the employment eligibility of every newly hired employee, regardless of nationality (this includes U.S. citizens) or country of origin. The process of complying with Form I-9 regulations can be confusing and difficult. Employer sanctions for failure to comply can be severe. Don’t put your company at risk by taking a "wait and see" approach to I-9 compliance.

Employers must maintain a correctly completed Form I-9 for every employee they hire. Improper completion of the Form I-9, Employment Eligibility Verification, failing to inspect the correct identity and work eligibility documents, and simple clerical mistakes are costing employers tens, and sometimes hundreds of thousands of dollars.

Important Information for Colorado Employers: In addition to federal government Form I-9 requirements, Colorado Employment Verification Law has additional requirements that apply to all public and private employers in Colorado. View the Colorado "Affirmation of Legal Work Status" form (revised 9/6/12).

There are strict time requirements for completing the I-9 Employment Eligibility Verification forms by both the employee and the employer. In addition, there are specific requirements regarding the retention of I-9 Form.

Form I-9 Audit

Self-audits by employers of their Forms I-9 and identity documents are usually not effective in identifying all possible errors.   An independent audit is very important.  Contact us to schedule an independent audit for your company.

Your business could be targeted at any time by the Department of Homeland Security (DHS) for a worksite enforcement inspection.

FORM I-9 FAQ's

Why must an employer complete the Form I-9? U.S. employers are required by law to verify the employment eligibility of ALL their employees regardless of the worker's national origin or immigration status. This includes U.S. citizens. Employers who fail to comply with Form I-9 requirements may face large fines and in some cases, criminal penalties for non-compliance.

 

What happens if Immigration and Customs Enforcement (ICE) wants to see my I-9 forms? If your company has been served a Notice of Inspection by ICE, you have 3 business days to produce all the Forms I-9 requested on the Notice of Inspection. It is typical for ICE to request all current employee's I-9s as well as all of your past employee's Forms I-9 going back 3 years.

 

How long am I required to keep an employee's Form I-9? An employer must retain all Form I-9s for 3 years after the date employment begins or for 1 year after the date employment is terminated, whichever is later. There are special rules that apply to agricultural employers and farm laborers I-9 Forms. Contact Allott Immigration Law Firm with questions concerning these groups.

NOTICE OF INSPECTION

If your business has received a Notice of Inspection (NOI) from Immigration and Customs Enforcement (ICE), contact us immediately. Typically you will be ordered to produce a list of all current employees and their I-9 Forms.  ICE will also ask for all Forms I-9 for employees terminated over the past 3 years. Depending on the scope of the investigation, ICE might also ask for payroll records, business licenses and other documents.You are given 3 business days to send all of the requested information to the ICE auditor.

FORM I-9 TRAINING

To learn about complete Form I-9 Compliance, enroll your hiring managers in an upcoming Allott SmartForm I-9 Workshop.

 

Allott Immigration Law Firm offers Form I-9 Training on-site at your office. Contact us at fd@allott.com or call toll-free 1-877-750-0022 for more information.

 

Contact Allott Immigration Law Firm at 303-797-8055 for more information about
Form I-9 compliance, a Form I-9 Audit, or other Form I-9 concerns.