Whenever an employer hires an individual, the employer must prepare an I-9 that confirms the applicant’s identity and that the applicant is legally authorized to work in the United States. Although an employer is not required to be an immigration expert in filling out the I-9, small errors can lead to costly fines. ICE conducts over 60,000 I-9 inspections each year. In addition, an executive order requires federal contractors to use e-verify to determine the validity of the documents produced during the I-9 process, and many states have similar laws. ICE also has a Memorandum of Understanding with the Office of Contract Compliance Programs and the Wage and Hour Division where these agencies will inspect your I-9s during an OFCCP audit or a wage and hour investigation. Failure to complete the I-9 properly can lead to civil and criminal penalties (up to $3000) for each unauthorized working alien and a prison sentence of up to six months.
The Department of Homeland Security recently updated the I-9 form. How do you fill it out an I-9 properly? Do you know when you can hire a foreigner who is not a U.S. citizen? How do you everify?
Areas Covered
Who Will Benefit
Human resources manager, hiring officials, record keeping positions.
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Susan Fahey Desmond
Susan Fahey Desmond is a principal in the New Orleans office of Jackson Lewis P.C. Jackson Lewis is a labor and employment law boutique firm with offices in over 54 cities across the country. In addition to being a frequent speaker and author, Ms. Desmond is listed in Best Lawyers in America and has been named by Chambers USA as one of America’s leading business lawyers. The National Association of Professional Women recently named her as a VIP Woman of the Year.