What Employment Lawyers Should Know About the Form I-9 Overhaul: Factors to Prevent and Mitigate Liability

Employers need to make sure their workers are legally allowed to work in the US by filling out a form called the I-9. This form is important because it proves someone’s identity and work authorization. Employers have to be careful not to discriminate against people based on where they come from.
A new version of the I-9 form is coming soon, but it might cause some confusion for businesses trying to train their employees on the new rules. The current Form I-9 is a bit complicated, and employers often make mistakes because they don’t train their staff properly. The government is planning to make the form easier to understand. Employers need to make sure their staff knows how to fill out the form correctly and keep track of expiration dates for work documents. It’s important to do this without asking for too much information. To avoid mistakes and business disruptions, employers should do regular internal audits and provide training. It’s also important to get legal advice to make sure the audits are done fairly and without discrimination. Employers need to be transparent and clear when doing internal audits of Form I-9 for their employees. If there’s a problem with an employee’s form, the employer should tell the employee in private and give them copies of the forms with the issue. If information is missing, the employer should make a note explaining why. When fixing mistakes, the original information should not be changed, and the corrections should be easy to see. It can be complicated to follow I-9 rules, especially with different laws and situations like remote workers or contractors. Employers need to make sure they are following the rules for I-9 forms, which verify the identity and employment authorization of employees. The government can conduct audits to check on this, so it’s important for employers to be prepared. If you receive a notice of inspection, it’s a good idea to get a lawyer to help you understand it, make any necessary corrections, and communicate with the auditor. It’s important to have all your I-9 records in order before you show them to the government. After an audit, if an employer is found to have violated immigration laws, ICE will send a notice of intent to fine. The employer can either pay the fines, negotiate a settlement, or request a hearing. If the employer doesn’t respond, ICE will issue a final order. If the employer chooses to fight the fines, the case goes to the Office of the Chief Administrative Hearing Officer. The fines for violations depend on the type of violation and when it occurred. ICE looks at the number of violations and divides it by the number of forms that should have been presented for inspection to determine the base amount of the fine. In a hearing, the government has to prove the violations, and the employer can present evidence to defend themselves. When negotiating a reduced fine for immigration violations, the size of the employer’s business and their good faith efforts are important factors. Smaller businesses may receive leniency, and seeking legal advice shows good faith. The seriousness of the violations, involvement of unauthorized workers, and the employer’s violation history also play a role in determining the penalty. It’s important to consider all factors and give each one due consideration. If a company has violated the law in the past, it can be used against them in future cases. However, a warning doesn’t count as a violation. There are also other factors that can be considered, like whether the company can afford to pay fines, and how much money they spent on legal fees. It’s important for companies to train their staff and follow the law to avoid getting in trouble. Getting regular legal advice and audits can help companies fix any problems before the government finds them. These are references to different government documents and court cases about penalties for employers who don’t follow immigration laws. They discuss the consequences for not verifying employees’ eligibility to work in the US. These are references to legal cases and rules in the United States. It’s like giving credit to other people’s work when you write a research paper. It shows where the information came from. Giselle Carson is a lawyer who wrote a book about work visa options. This information is from the Labor and Employment Law Section.

Source: https://www.floridabar.org/the-florida-bar-journal/what-employment-lawyers-should-know-about-the-form-i-9-overhaul-factors-to-prevent-and-mitigate-liability/