Immigrants are a large part of today’s workforce and let’s be honest they do a lot of jobs the rest of us don’t want to do and can often be inexpensive labor. However, you must have the proper documentation in place, primarily a valid and verified I-9 form, to be in compliance with Immigration & Naturalization regulations.

You need to start using the new I-9 for your employees! I had a lot of response from folks who were unclear as to if they actually needed I-9’s or how this whole thing worked. So I thought I would try to shed some light on what all the fuss is about pertaining to I-9’s based on the questions that have been coming in to my office.

Question #1- Are all employers required to have this on file for employees?

YES, all employers are required to have completed I-9 forms on file for all employees. This document must be filled out within 3 days of starting employment. This is to verify the employee has the right to work in the US.

Question #2 – But I only have one employee do I still need to fill it out?

In case you didn’t read the answer to question #1, YES, all employers are required to have completed I-9 forms on file for all employees. These forms are required whether you have one employee, 1,000, or 1,000,000 (unless the employee was hired before November 7, 1986 or is an independent contractor). There are a few other caveats that apply but we won’t go in to those.

Question #3 – Does the government really care if my I-9’s are filled out correctly

The I-9 form can be confusing so read the directions thoroughly.  The following can result in fines:

Incorrect I-9s

Knowingly hiring illegal immigrants (and can lead to jail time)

Question #4 – What if my employee doesn’t have the right identification?

Please see question #3!

These are just a few main points. In 2007 more than $30 million in fines was assessed as a result of enforcement.  Efforts to target employers who knowingly hire illegal aliens have significantly increased and this is not the area in your business in which to take risks. 

Don’t think you skate under the radar because you don’t have a large workforce, or hire few immigrant employees.  Investigations can be triggered by an employee complaint and all it takes is one unhappy employee to make your life miserable.  During the investigation the burden is on employers to produce completed I-9 forms and supporting documentation.  INS agents will be looking for problems and while paperwork fines may not be huge, the process is a hassle.

Dr. Laina Molaski