United States Citizenship and Immigration Services (USCIS) requires that all employers verify that their employees are legally eligible to work in the U.S. This requirement is fulfilled by keeping an accurate I-9 form on file for each employee, both citizens and non citizens. While the form seems simple to fill out, the process of I-9 compliance in Tampa, FL is much more detailed and the penalties are harsh.
About the I-9 Form
In 1986, the Immigration Reform and Control Act was enacted, and it became a requirement to verify the eligibility of all newly hired employees to work in the U.S. The Employment Eligibility Verification Form or I-9 became the vehicle for doing that.
An employee must do the following on the I-9 form:
- Verify that they work for the employer.
- Present documents that verify their identity and eligibility to work in the U.S.
An employer must:
- Review the documents presented by the employee and determine their authenticity.
- Record information from documents on the form.
- Make I-9 forms available in the event of an I-9 compliance audit in Tampa, FL.
- Filling out the I-9 Form
The employee fills out the first part of the I-9 form and provides documentation verifying their eligibility. The employer provides instructions for filling out the form and a list of identifying documents that they employee can choose to present.
The employer will fill out the second part of the I-9 form with the employee’s identifying information and information from the documents he or she provided. The employer must review the documents to determine their authenticity. It’s important to note that an employer has three days from the start of the worker’s employment to complete this form.
Section 3 of the I-9 form should only be filled out if the worker’s employment authorization has expired and needs to be reverified.
What to Expect in the I-9 Compliance Audit in Tampa, FL
Immigration and Customs Enforcement (I.C.E.) conducts audits of companies to ensure compliance with worker eligibility policies. The process begins when I.C.E. agents serve the employer a Notice of Inspection (NOI). The employer has three days to provide their I-9 forms. Additional documentation may be required, including payroll records and a list of employees. If violations are found, the employer is notified and given 10 days to correct them.
While the process seems straightforward, becoming out of compliance is much easier than you think. Having one of the immigration attorneys at Cotney Construction Law work with you to ensure the accuracy of your records can make all the difference.
If you would like to learn more about I-9 compliance in Tampa, FL, please contact us at 813.579.3278, or 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.