It has been illegal to employ unauthorized workers since 1986. Increasingly over the past few years, Immigration & Customs Enforcement has focused significant attention on employer compliance, often leading to employer sanctions and sometimes even criminal charges for employers found to be in violation of the law.
Durkin & Puri can help protect your company by ensuring that it is in proper compliance with federal regulations.
Our law firm helps our business clients properly comply with I-9 requirements. The partners at Yee Durkin & Puri are available to review your I-9 files to ensure that you are in compliance with applicable federal regulations and help you avoid penalties and sanctions.
What is an I-9 form? The I-9 is the Employment Eligibility Verification form issued by U.S. Citizenship & Immigration Services. Since 1986, employers have been required to use the Form I-9 to verify both the identity and employment eligibility of all employees. Employees must prove work eligibility and complete the I-9 within three days of hire.
Employers must make I-9 forms available for inspection by government agencies, including the Department of Homeland Security, the Department of Labor, and the Office of Special Counsel. Common I-9 violations include knowingly employing foreign nationals who do not have work authorization and not properly maintaining I-9 forms on employees as required. The penalties for I-9 violations can include monetary fines, debarment from bidding for government contracts, criminal prosecution and the seizure of company assets.
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E-Verify is an Internet-based system run by U.S. Citizenship & Immigration Services with the Social Security Administration which allows employers to verify that an employee has work authorization. By and large, E-Verify is a voluntary system, however, an increasing number of states are requiring employers to use E-Verify for all newly-hired employees and as of September 8, 2009, employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause are required to use E-Verify to determine the employment eligibility of certain employees.
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If you would like to schedule an I-9 compliance audit or learn more about E-Verify, contact us.