Pursuant to federal regulations, all employers are required to comply with Employment Eligibility Verification (Form I-9) regulations. The purpose of Form I-9 is to ensure that employers are hiring employees authorized to work in the United States. Recently, Immigration and Customs Enforcement (ICE), under the direction of the Department of Homeland Security, has been increasing the number of I-9 inspections. It is strongly advised that employers retain outside counsel with knowledge of immigration and criminal law to conduct internal I-9 audits to ensure compliance with I-9 regulations.
Why should you conduct an internal audit?
- I-9 inspection letters can be issued to any employer at any time
- An employer is given only 3 days to provide I-9 files
- Paper violations can cost an employer up to $1,100 per violation
- Hiring violations can cost an employer up to $3,200 per employee
- In addition to civil penalties, criminal felony charges may be brought against officers of the company for I-9 violations
Employers should confer with knowledgeable immigration counsel to ensure that they are in compliance with I-9 regulations. In addition to I-9 audits, it is recommended that employers conduct I-9 training for all personnel involved with hiring and human resources. Our firm has experienced immigration and criminal law attorneys who can provide you with such guidance.
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If you have any questions about this matter, or if we can assist you with other immigration-related issues, please feel free to contact our firm's Lake Success office (516-328-2300). Thank you.