Employers who hire or continue to employ individuals while knowing that they are not authorized to work in the United States may face civil and criminal penalties. If you fail to properly complete or retain Forms I-9, you could be subject to civil money penalties of up to $1,100 for each violation.
For example: If an employer makes 3 - 4 mistakes on the I-9 Form for each new hire and you hire 30 employees, you could be fined over $100,000!
Also, criminal penalties could apply in the event that the employer engages in a pattern or practice of knowingly hiring or continuing to employ unauthorized individuals, or for engaging in fraud or otherwise misusing identity documents.
Who should complete an I-9 Form
All U.S. employers must complete and keep Form I-9 for every person they hire for employment in the United States (even employees who are U.S. citizens), as long as the person works for pay or other benefits.
The I-9 Form is generally not required for persons who are:
- Hired on or before November 6, 1986, who are continuing in their employment and have a reasonable expectation of employment at all times;
- Employed for casual domestic work in a private home on a sporadic, irregular, or intermittent basis;
- Providing labor to you while employed by a contractor providing contract services (e.g., employee leasing or temporary agencies); or
- Not physically working on U.S. soil.
When to Complete I-9 Forms:
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