I-9 Compliance

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I-9 Compliance is often overlooked by many companies hiring foreign workers. It is important to keep in compliance of this legal requirement. Watch this slide-show to know WHY and HOW!

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I-9 Compliance

  1. 1. WHAT IS IT? WHY IS IT IMPORTANT? HOW CAN THE LAW OFFICES OF SUNITA KAPOOR ASSIST YOU? I-9 Compliance
  2. 2. What is employment verification and I-9 compliance? <ul><li>Under the Immigration and Reform Control Act, all employers must verify the work eligibility of each employee hired after Nov. 6, 1986. </li></ul><ul><li>Non-compliance gives rise to criminal and civil penalties. In 2006, 716 employers and employees faced criminal charges for non compliance. 3,667 faced administrative charges. </li></ul>
  3. 3. What are the penalties a company can face for non-compliance? <ul><li>A fine of $250 and $5500 for each unauthorized worker. </li></ul><ul><li>A bar from government contracts. </li></ul><ul><li>Criminal charges and imprisonment </li></ul><ul><li>Perjury charges for falsifying documents </li></ul><ul><li>For any document that is not filed properly, a fine of $100 to $1100 </li></ul>
  4. 4. For whom does an employer not have to file an I-9? <ul><li>Applicants </li></ul><ul><li>Domestic workers in the home who work only occasionally (work that is irregular, sporadic, intermittent—www.uscis.gov). </li></ul><ul><li>Those hired before Nov. 6, 1986 </li></ul><ul><li>However, if an employer knows, or should know, it is contracting with a company using undocumented workers, it can still be liable. </li></ul>
  5. 5. Contractors/Unpaid volunteers <ul><li>I-9 compliance is not required for contractors or unpaid volunteers. </li></ul><ul><li>However, if an employer contracts with a company whom it knows uses unauthorized workers, that employer can still be liable. </li></ul>
  6. 6. What documents are required? <ul><li>There are 3 lists of documents showing identity and work authorization. (Lists A, B, C). </li></ul><ul><li>Employers may have one document from List A below. </li></ul><ul><li>Or, they may have a combination of one document from List B (documents showing identity) along with one from List C (documents showing work authorization); </li></ul>
  7. 7. One document from List A <ul><li>Documents that establish both identity and employment eligibility. </li></ul><ul><li>They include a U.S. passport, certificate of U.S. citizenship, certificate of nationalization, permanent resident card with photo… </li></ul><ul><li>May use an unexpired: temporary resident card, reentry permit, refugee travel document, employment authorization document with photo. </li></ul>
  8. 8. Combination of Documents <ul><li>One from List B (documents that establish identity): </li></ul><ul><li>Drivers’ license, voter card, hospital record, etc. </li></ul><ul><li>Plus one from List C (documents establishing employment eligibility: </li></ul><ul><li>Social security card, U.S. citizen ID card, etc… </li></ul><ul><li>These lists can be found in detail at http://www.twc.state.tx.us/news/efte/i_9_requirements_lists.html </li></ul>
  9. 9. Retention Period for Documents <ul><li>I9 records are not filed with the government. The employer must keep the records in his own files for 3 years, or </li></ul><ul><li>for 1 year after the employee’s date of hire, whichever is longer. </li></ul><ul><li>I9 records must be kept even for employees that have been terminated if they are still within the retention period. </li></ul>
  10. 10. Storing Records/Photocopies <ul><li>Records must be stored where they can be obtained for inspection within 3 days. </li></ul><ul><li>Employers are not required to photocopy the documents; reasonable inspection is sufficient. </li></ul>
  11. 11. Updating Records <ul><li>I-9 forms must be re-verified when an employee’s work authorization expires. </li></ul><ul><li>The employee must present the proper documentation to show. To re-verify, the employer must complete Section 3. </li></ul><ul><li>Employers must also update the I-9 if there is a name change. </li></ul>
  12. 12. Filling out the I-9 <ul><li>It is the employer’s responsibility to make sure the employee completes the I-9: </li></ul><ul><ul><li>Section 1 must be completed no later than the close of the 1 st business day which the new employee works </li></ul></ul><ul><ul><li>Section 2 must be completed no later than the close of the 3rd business day. </li></ul></ul>
  13. 13. Antidiscrimination Requirements <ul><li>IRCA Act also includes anti-discrimination provisions: </li></ul><ul><li>No discrimination on national origin or citizenship status </li></ul><ul><li>You may not request documents other than those listed. </li></ul><ul><li>You may not refuse to accept documents that appear facially valid. </li></ul>
  14. 14. What do we provide? <ul><li>The Law Offices of Sunita Kapoor can provide you with expert I-9 assistance. </li></ul><ul><li>We reduce the risk that you suffer financial losses/criminal charges because of non compliance with federal laws. </li></ul><ul><li>We provide a cost-effective and error free method of complying with the IRCA requirements so that you will not risk penalties. </li></ul>
  15. 15. What do we provide? <ul><li>We can do one or both of two things for you. </li></ul><ul><li>We can periodically audit your employment records to ensure that they remain updated. </li></ul><ul><li>We can also take care of all your I-9 needs, so that you don’t have to worry about anything. </li></ul>
  16. 16. Where can the forms be obtained? <ul><li>The latest version of the I-9 form (May 31, 2005) is available on the USCIS Web site at </li></ul><ul><li>www.uscis.gov/files/ form /I-9.pdf </li></ul><ul><li>You may obtain a copy of the INS Employer’s Handbook at your local INS office, or online at </li></ul><ul><li>www.uscis.gov </li></ul><ul><li>Or contact the Law Offices of Sunita Kapoor. We can provide you with all the correct forms. </li></ul>
  17. 17. How to contact Sunita Kapoor <ul><li>For more information about I-9 compliance, please call us at (713) 782-3332 fax: (713) 782-3339 </li></ul><ul><li>Visit our website at sunitakapoor.com </li></ul><ul><li>____________________________________ </li></ul><ul><li>Our office is located at: </li></ul><ul><li>2825 Wilcrest Drive # 361 </li></ul><ul><li>Houston, TX 77042 </li></ul><ul><li>We look forward to serving you and taking care of your I-9 needs! </li></ul>

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