Employers must verify that their employees are legally eligible to work in the U.S., per United States Citizenship and Immigration Services (USCIS) requirements. To accomplish this mandate, you must keep a valid I-9 form on file for each employee, both citizens and non-citizens. It’s critical that you follow this rule as the penalties for non I-9 compliance in Orlando are difficult.
The I-9 Form
With the enactment of the Immigration Reform and Control Act, it became a requirement to verify the eligibility of all newly hired employees to work in the U.S. This is done by having your employees fill out an Employment Eligibility Verification Form or an I-9.
- Provide proof of their employment with a particular employer.
- Provide proof of their identity and eligibility to work in the U.S.
- Determine authenticity of employee documents
- Record information from employee documents on the I-9 form.
- Keep I-9 forms available for I-9 compliance audits in Orlando, FL, should they occur
The I-9 form is split into three parts. The first part must be filled by the employee and documentation must be provided to verify their eligibility to work in the U.S. The employer provides instructions for filling out the form and a list of identifying documents that the employee can choose to present.
The second part of the form is to be filled out by the employer. It should include the identifying information of the employee and the documents they provided. Employers are required to review these documents for authenticity. Employers have three days from the start of the worker’s employment to complete this form.
The third part of the form should only be filled out if the worker’s employment authorization has expired and requires verification.
The I-9 Compliance Audit in Orlando, FL
Immigration and Customs Enforcement (ICE) is an organization that conducts company audits for compliance with worker eligibility policies. ICE agents can serve an employer with a Notice of Inspection (NOI). When this happens, the company has three days to provide the I-9 forms of their employees. ICE may also request a list of employees or payroll records, among other items. If it is determined that an employer is in violation, they will be given 10 days to correct the offense.
Becoming out of compliance may be easier than you realize. To avoid violations, consider working with one of the immigration attorneys at Cotney Construction Law
If you would like to learn more about I-9 compliance in Orlando, FL, please submit our contact request form.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.