I-9 Compliance for Employers

In today’s regulatory landscape, ensuring proper completion and maintenance of Form I-9 is a critical component of workforce compliance. With increased scrutiny from U.S. Immigration and Customs Enforcement (“ICE”), employers must stay vigilant. Failing to comply with I-9 requirements can result in both civil and criminal penalties. Thus, understanding the nuances of I-9 compliance is essential to protecting your business.

Pursuant to federal law, employers must complete a Form I-9 each time any person is hired to perform labor or services in the United States in return for wages or other remuneration. Certain portions of Form I-9 are completed by employees, rather than employers; however, employers should review all portions of Forms I-9 to ensure proper completion. Employers should also review documents submitted by employees with Forms I-9 to ensure they appear reasonably genuine.

Employers should not submit Forms I-9 to any government agency; rather, employers must maintain and store Forms I-9 for three years after the date of hire or one year after an employee’s employment ends, whichever is later. If a government agency requests inspection of Forms I-9, employers must produce the forms within three days of the request.

Employers should consider periodically conducting internal audits to ensure Forms I-9 are being properly completed in accordance with federal law. Conducting such internal audits will help ensure compliance and avoid possible civil or criminal penalties. If you have any questions regarding I-9 compliance, please contact a Labor & Employment Law attorney at Appel Yost.

The information provided on this blog is for general informational purposes only and does not constitute legal advice.
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