Whether your team is ramping quickly to meet demand, or hiring for the long-term, placing staff to meet your changing production needs can be a challenge. Aside from finding the right talent, ensuring and documenting that they’re legally authorized to work in the U.S. is a secondary challenge that – despite steep penalties for non-compliance – are too often overlooked for the sake of speed to placement.
But despite the challenges in verifying documentation, employers need to take special care in ensuring they’re in compliance to avoid penalty and legal action.
Employment eligibility verification through Form I-9 is the law under the Immigration Reform and Control Act (IRCA) of 1986, requiring that:
This applies to all U.S. businesses, who must obtain and maintain accurate employee proof of identity and authorization to work in the U.S. from all new hires and rehires through completion of Form I-9.
Yes – and they’re more common than you may think. In fact, U.S. Immigration Customs and Enforcement (ICE) collected $14.3 million in fines, penalties, and forfeitures in 2019 alone. Failing to properly document employee I-9s can result in serious consequences for employers, including: hefty fines, civil penalties, or even criminal charges.
In 2022, I-9 paperwork violation penalties ranged from $252 to more than $5,000 for a first offense (depending on severity and scale); second offense fines are much steeper, costing employers up to $25,000.
While employers are not required to be detectives, the ownness falls on them to do their due diligence in collecting, verifying, and maintaining accurate documents. And while it’s clear that an employer cannot knowingly employ an unauthorized worker, turning a blind eye is also considered an offense in the eyes of the law.
So, how can your company take steps to ensure it’s meeting employment eligibility verification obligations? Here are some pointers:
If your company is knowingly out of compliance, it’s time to act. Depending on the severity and scale of your unique situation, a number of steps that can be taken. If an audit reveals errors, improper documentation, or missing information, ICE offers direction on how to make it right legally.
Widespread compliance issues can be intimidating. Kelly – a trusted staffing partner for more than 75 years – has partnered with a number of companies needing help getting I-9 compliance back on track. If this is you, let’s talk. Reach out to get the conversation started.
Disclaimer: The information provided on this blog post does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.