When hiring a new employee, you are required to have Form I-9 Employment Eligibility Verification completed and maintained in your employment files. The purpose of the form is to document that each new employee is authorized to work in the United States.
Section 1 needs to be filled out by the employee no later than the actual beginning of employment. The employer is responsible for making sure it is completed timely. Employers should note the work authorization expiration date (if applicable). For employees who list an expiration date, employers are required to re-verify employment authorization before the date shown.
Employers must complete Section 2 by examining evidence of identity and employment authorization within three business days of hire. See list of documents allowed at end of form. Employees may present any document on list A or a combination of list B and C, but they must be originals.
Employers must record the following information:
- Document Title
- Issuing Authority
- Document Number
- Expiration Date (if any)
- Date Employment Begins
Employers must sign and date the form in Section 2.
Employers must complete Section 3 when updating or re-verifying employment eligibility.
Employers must maintain the completed Form I-9 for three years after hire or one year after the date employment ends, whichever is later.
This information will be used by employers as a record of their basis for determining eligibility of an employee to work in the United States. The form must be kept by the employer and be made available for inspection by authorized officials of the Department of Homeland Security, Department of Labor, and Immigration and Customs Enforcement.
Civil Fines and Criminal Penalties for Form I-9 Violations
|
Civil Violations |
First Offense |
Second Offense |
Third Offense |
|||
|
Minimum |
Maximum |
Minimum |
Maximum |
Minimum |
Maximum |
|
| Hiring or continuing to employ a person, or recruiting or referring for a fee, knowing that the person is not authorized to work in the United States. | $375 for each worker. | $3,200 for each worker. | $3,200 for each worker. | $6,500 for each worker. | $4,300 for each worker. | $16,000 for each worker. |
| Failing to comply with Form I-9 requirements. | $110 for each form. | $1,100 for each form. | $110 for each form. | $1,100 for each form. | $110 for each form. | $1,100 for each form. |
| Committing or participating in document fraud. | $375 for each worker. | $3,200 for each worker. | $3,200 for each worker. | $6,500 for each worker. | $3,200 for each worker. | $6,500 for each worker. |
| Committing document abuse. | $110 per violation. | $1,100 per violation. | $110 per violation. | $1,100 per violation. | $110 per violation. | $1,100 per violation. |
| Unlawful discrimination against an employment-authorized individual in hiring, firing, or recruitment or referral for a fee. | $375 per violation. | $3,200 per violation. | $3,200 per violation. | $6,500 per violation. | $4,300 per violation. | $16,000 per violation. |
| Asking an employee for money guaranteeing that the employee is authorized to work in the United States, also called an indemnity bond. |
|
|||||
|
Criminal Violations |
First Offense |
Second Offense |
Third Offense |
|||
| Engaging in a pattern or practice of hiring, recruiting or referring for a fee unauthorized aliens. |
|
|||||
