Updating Form I-9

Robin Noah

Robin Noah


By now most employers, regardless of size, are well aware that employers have certain responsibilities under immigration law during the hiring process. Failure to comply can be a costly event. Not knowing the law will not excuse business owners or management of business establishments for 1-9 compliance failures. For example the current Form I-9 is valid until Jan. 21, 2017. An announcement was made On Aug. 25, 2016 that the Office of Management and Budget (OMB) approved a revised Form I-9, Employment Eligibility Verification.

USCIS must publish a revised form by Nov. 22, 2016. Employers may continue using the current version of Form I-9 with a revision date of 03/08/2013 N until Jan. 21, 2017.

After Jan. 21, 2017, all previous versions of Form I-9 will be invalid. You can keep up with the changes by subscribing to https://www.govdelivery.com. There are many web sites devoted to the 1-9 including U S Immigrations and Customs Enforcement (ICE) https://www.ice.gov/

Did you know? The current administration has dramatically increased the number of I-9 audits to historically high levels, and promises that I-9 enforcement efforts will remain a high priority. For example, on one day, June 15, 2011, Immigration and Customs Enforcement (ICE) issued 1,000 Notices of Inspection of I-9 forms and subpoenas to various U.S. companies large and small. I-9 investigations are at an all-time high, with more than 3,000 audits taking place in 2012 compared to only 250 in 2007.

A few reminders: An employer must: A) Verify the identity and employment authorization of each person hired after Nov. 6, 1986 and B) Complete and retain a Form I-9 for each employee required to complete the form.

An Employer must not 🙂 A) Discriminate against individuals on the basis of national origin, citizenship, or immigration status and B) Hire, recruit for a fee, or refer for a fee aliens he or she knows to be unauthorized to work in the United States.

Consider some of the penalties:

  • Failure to comply with the IRCA’s I-9 rules can result in significant fines, loss of access to government contracts, and highly negative publicity for your company.
  • Employment of unauthorized workers may result in fines up to $16,000 and six months’ imprisonment. Employers that knowingly hire or continue to employ unauthorized aliens can be barred from competing for government contracts for a year.
  • Paperwork violations can also result in significant fines. Each mistake or missing item on a form can result in a $110 penalty, topping out at $1,100 for each form. A missing form would automatically be assessed at $1,100.

You may want to have an independent 1-9 audit conducted as a strategy for ensuring that your business is compliant with immigration related employment practices.

(Excerpts from articles of Adriana Kostencki, Esq.)

Author:  Robin Noah, Executive Coaches of Orange County, www.ECofOC.org