I-9 Compliance Attorneys in Southfield
Make Sure Your Business Is Prepared for an ICE Audit
It is important that every employer verifies that his or her employees are eligible to work in the United States using the I-9 Form. Failing to do so can result in serious penalties, including steep fines and criminal consequences. I-9 compliance is particularly important in light of recently increased enforcement efforts and the release of a new version of the I-9 Form.
Robert Brown LLC can help you ensure that your business is I-9 compliant. Our founding attorney, Robert L. Brown played a key role in developing I-9 compliance procedures during his time spent with the Immigration and Naturalization Service (INS). With this in-depth knowledge, we are able to help you fully understand all of the process involved in remaining I-9 compliant and can help you take the necessary steps to protect your business.
If you need assistance with I-9 compliance or have been audited by U.S. Immigration and Customs Enforcement (ICE), contact us at (248) 232-2559 to request an appointment.
How to Remain I-9 Compliant
In 1986, Congress passed the Immigration Reform and Control Act (IRCA). The Act, which was aimed at addressing the issue of U.S. employers hiring immigrants who were not authorized to work in the United States, requires businesses of all sizes to verify the identity and work status of all employees through the I-9 Form. The Act also prohibits employment discrimination on the basis of citizenship or nationality.
There are a few important steps you should take to ensure that your business meets I-9 compliance standards:
- Ensure that all employees have fully filled out the I-9 Form, particularly Sections 1 and 2. In the event of an ICE audit, Sections 1 and 2 will be reviewed for accuracy; Section 3 will also be reviewed for accuracy in the event that changes have been made.
- Make sure that your employee roster is updated. Under the IRCA, all employees hired on or after November 7, 1986 must of a completed I-9 on file. If you find that an employee has not completed the form, it is important that he or she does so as soon as possible.
- Ensure that all I-9 Forms are signed by both the employee and the employer (yourself). Unsigned forms and similar errors can count against you in the event of an ICE audit and may lead to substantial fines.
- Check to make sure that you have all of the necessary documentation and that this documentation appears valid, within reason. You are not required to recognize forged documentation, but obviously fraudulent documentation may result in penalties.
Additionally, employers must retain documentation for former employees for three years after the hire date or one year after the date of separation, whichever is later. Employers may “E-Verify” by filling out and submitting I-9 Forms online.
I-9 Compliance for Employees
Workers in the U.S. have a responsibility to prove that they are permitted to work in the United States. Valid documentation—such as a Social Security card, Green Card, or another form of work verification—must be provided to your employer upon hire or shortly thereafter. Employees will also be required to fill out and sign the I-9 Form within three days of being hired.
If you have a visa that allows you to work in the U.S., you will need to re-verify or update your work eligibility status with your employer if there is a change in your visa, such as an extension.
Contact Our Office for a Consultation
If you are an employer or an employee with questions about I-9 compliance or the processes involved, reach out to Robert Brown LLC and make an appointment for a consultation with one of our Southfield I-9 compliance lawyers. We assist individuals, small businesses, and large companies across the nation and on a global scale.
Contact our office online or by phone at (248) 232-2559 to make your appointment today.