I-9 COMPLIANCE FOR EMPLOYERS

Employers are required by law to hire an individual authorized to work in the United States. Proper handling of Form I-9 is critical for employers to avoid
civil and criminal liability.

COMMON I-9 COMPLIANCE PROBLEMS:

• Failure to properly complete an I-9
  
• Failure to correctly verify authorization and maintain proper records
  
• Knowingly hiring or continuing to employ an illegal alien
  
• “Pattern or practice” of hiring illegal aliens
  
• Demanding excessive documentation resulting in discrimination.

There are penalties resulting in monetary fines totaling up to $10,000 per each violation. Each I-9 violation counts as a separate violation.

HOW YOUR COMPANY CAN PROTECT ITSELF FROM VIOLATIONS AND FINES:

Annual or bi-annual I-9 training and audits by immigration experts are essential in saving employers from liability because:

• Front-end training of management can help avoid problems before they occur
  
• Private, confidential and periodic I-9 audits by a third party uncover problems while they can still be corrected—before imposition of liability
  
• Private I-9 audits discover and correct mistakes, permitting employers to demonstrate good-faith compliance with immigration laws
  
• Private audits alert employers to common errors and identify areas where additional training is needed.

Carlos M. Colombo and Chad M. Brandt, partners at Colombo, Hurd & Brandt, are Orlando-area attorneys specializing in immigration and business law.