The use of an I-9 Form is required by the United States Citizenship and Immigration Services (USCIS) bureau of the Department of Homeland Security (DHS) to confirm worker eligibility.
Employers must have each of their employees fill out the Employment Eligibility Verification Form I-9, or be subject to fines of up to five and a half thousand dollars per unauthorized worker, along with other penalties. Such employers may also be subject to sanctions called for under other laws, particularly those relating to immigration.
Even failing to keep correct records can carry fines, to the tune of over a thousand dollars per missing or problematic form, regardless of whether the employee is legally authorized to work in the United States, so great is the significance attached by the government to the I-9 Form.
Individuals, employer, employee, or otherwise, who intentionally commits or participates in document fraud might be subject to over three thousand dollars for the first offense and up to six and a half thousand for subsequent offenses. Records must be reverified as necessary, such as in the situation of expiring supporting documents. Records should be retained even for former employees, up to one year following the end of employment.
The "I-9 requirement" came into being with the Immigration Reform and Control Act of 1986 (IRCA), which law stipulated that employers must verify an employee's identity and eligibility for employment in the United States. Employers may be liable even in the case of hired subcontractors who themselves employ unauthorized workers. Such verification isn't required in the situation of volunteers.
IRCA also provided for a number of anti-discrimination stipulations so that factors like national origin and citizenship status cannot be used against job candidates. Thus, in order to avoid any possibility of a lawsuit, corporations will not ask for the I-9 form to be filled out until after someone is truly hired.
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Article: The Importance Of The I-9 Form Author: Saul Goodman Publication Date: 2010-10-31 Total Views: 168 Word Count: 338 Category:Home /
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