The Form I-9 (Employment Eligibllity Verfication) issued by U.S. Citizenship and Immigration Services - must be maintained by all employers.  Since November 1986, every new hire, whether the employee is a U.S. citizen or a foreign national, must complete Section 1 of the I-9, attesting to the individual's identity and employment eligibility, on the first day of employment.

Within the first three days of hire, employers must complete Section 2 of the I-9 by examining original documents of identity and employment authorization, recording the starting date of employment, noting the document number(s) on the form, and certifying by signing under penalty of perjury that the documents examined appear to be genuine and relate to the employee.

Employers must also refrain from engaging in prohibited acts of discrimination against new hires and applicants for employment, such as, by basing employment decisions on citizenship or national origin status, or insisting that employees provide only specific types of identity documents or work permits.

Federal  Enforcement. Recently, the federal government has refrained from pursuing civil penalties and instead has used the avenue of criminal law enforcement to prosecute employer violations of immigration laws requiring that businesses refrain hiring or continuing to employ workers whom the employer knows or should know lack the right to work in the United States.   For this reason, employers should put procedures and systems in place to make sure that their compliance obligations under the immigration laws are fulfilled.

Government audit of an employer’s I-9 forms may be conducted by either U.S. Immigration and Customs Enforcement or the U.S. Department of Labor. On receipt of notice of an audit, company representatives should contact immigration counsel immediately. An employer must be given three days notice before an audit may take place, although additional time may often be negotiated. The government is entitled to inspect the I-9 forms and to request a list of current and terminated employees. The parameters of the audit do not allow the government to review personnel forms, speak with employees, or enter the company's non-public areas.

I-9 “Self Audit”. To ensure compliance with Form I-9 requirements, we encourage employers to conduct "self audits" of their company's I-9 forms, under attorney guidance on a regular basis. A self audit can be conducted either in person at the employer’s offices or at our offices based on photocopies of the I-9 forms. Reviewing the I-9 forms provides an employer the opportunity to correct existing technical violations, train company representatives responsible for I-9 completion and tracking, and to help develop compliance procedures. Often, in reviewing a company's I-9 forms, it becomes apparent that there are certain patterns of problems, which can be identified and corrected. Once the mock audit is completed and problem areas are identified, we are able to assist the employer to develop a training program to address proper completion of the I-9 form as well as form maintenance and related issues.