I-9 forms are a routine part of the
hiring process, but shouldn’t be looked at as just another piece of paperwork.
Restaurants and other employers can
face hefty fines and possible criminal penalties
from U.S. Citizenship and Immigration Services if they’re audited and
found to have knowingly hired or continued to employ ineligible workers or made
substantive or uncorrected errors in the forms, including not being able to
produce an I9 form for each employee. The I-9 is used to verify an employee’s
identity and eligibility to work in the United States.
For first-time offenses, penalties
can run as high as $1,100 per incorrect I-9 form for failing to comply with I-9
requirements or committing document abuse, or $3,200 for knowingly hiring or
continuing to hire unauthorized workers, fraud, or discrimination.
If your restaurant is audited for I9
compliance, auditors will treat any error or inconsistency as a red flag. Here
are seven areas where employers tend to go wrong, according to Kathleen
Campbell Walker, an attorney with Cox Smith in El Paso, Texas. Walker presented
a session on I-9 compliance during the 2014 NRA Show:
·
Timing: Employees must complete, sign and date Section 1 of the I-9
form no later than their first day of work, but can’t be asked to fill it out
before they’ve accepted a job offer. Employers must complete Section 2 of the
form within three business days of the employee’s first day of work. This means
that if an employee starts work on a Monday, employers have until Thursday to
complete Section 2.
·
Incomplete
forms: Errors like failing to provide an
acceptable address, failing to sign, and failing to date the form are common,
Walker said. The employer is responsible for checking to see that Section 1 of
the form is accurate and complete. Make sure the employee accurately
signs and dates the form and that they give a legal street address. P.O. boxes
cannot be used.
·
Over-documentation: While it may seem like you’re being extra diligent by
requesting additional documents to verify an employee is legally eligible to
work in the United States, you can’t go beyond what the form requires: either
one document from “List A” or a combination of one document
each from “List B” and “List C.” The documents also have to be the
employee’s choice. “You can’t demand certain documents,” Walker said. “You have
to give them options. You can’t say they must provide a certain document.”
Asking for specific or additional documents could be considered discrimination,
Walker said.
·
Failing to
examine original form or document: Technology
has helped restaurateurs in many ways, but it can’t be used to review I-9 forms
or the documents the employee provides. You must review the original
forms and documents in person, and not via photo or video.
·
Form
corrections: Any corrections or changes an
employer makes to the forms must be initialed and dated by the employer. If
corrections to Section 1 are needed, the employee must make them.
·
Language
barrier: The Spanish-language version of the I-9 form can
only be used by employers and employees in Puerto Rico. All other employers and
employees must complete the English version. Walker recommends keeping a
laminated form of the Spanish-language version (link to form) on hand so that
Spanish-speaking employees can refer to it for guidance.
·
Wrong
documents: Make sure you check that the
documents the employee presents are on the USCIS list of acceptable documents.
USCIS has a list of acceptable documents, along with photos, on its website.
.jpg)
.jpg)
