Blog > I-9 and E-Verify Mistakes Employers Must Avoid
More and more work site compliance audits and restrictive E-Verify laws from the government are making immigration compliance with employment eligibility a very critical function for HR departments in many companies across the United States. Employers in the United States have been under strict watch to ensure they are keeping a legal workforce. When employers complete the I-9 Employment Eligibility Verification form for every worker they hire, they are able to show that they are working to meet the requirements for verifying identification and eligibility to work in the United States.
increase of 600% in both random and targeted audits for I-9 data.
One expert pointed out five of the most critical and risky mistakes that employers face with E-Verify and I-9 forms. E-Verify are the electronic employment verification service provided by the government. The following paragraphs outline the five biggest mistakes on this topic.
This part of the Immigration and Nationality Act states that employers cannot use unfair practices with I-9 forms. This means that they cannot request different documents or more documents than what they need to verify a worker’s eligibility and identity. If documents appear to be genuine, they cannot be rejected. For example, employers cannot make workers who they think may be foreign show green cards.
Employers are required to keep their workers’ I-9 forms for the entire duration of employment. If the worker quits or is terminated, the employer must determine how long to keep the forms. This is either three years from the date of hire or one year after termination. The I-9 form data can be kept either electronically or on paper.
Experts said that people who use E-Verify are automatically more likely to be audited than those who do not use the system. Employees should make sure they pay attention to the E-Verify chain’s operational control and know the differences between E-Verify and I-9 requirements. They should also pay close attention to their own state laws, which vary from one state to the next. It is important to have a tentative non-confirmation policy. If a notice of this type is received, employers must meet with the named employees or review all documentation to understand what is happening. ICE is tracking these closely, so employers should print out their notices when they are received.
To learn more about this E-Verify and I-9 requirements, discuss concerns with an agent.< Back to posts