I keep hearing about keeping up on I-9 forms to avoid an immigration audit, but I'm not entirely sure what they are.
The I-9 is a deceptively simple, one-page form that must be completed and signed by both the employer and the employee whenever an employee is hired.
The employee’s obligation
Section one of the I-9 must be completed and signed by every employee, irrespective of his immigration status. The employee must attest that he/she is a United States citizen, lawful permanent resident or is otherwise authorized to work for the employer.
The employer’s obligation
Section two of the I-9 must be completed and signed by every employer whether he employs thousands of employees or only one. The employer must ask each employee to document his identity and his eligibility to work. The back of the I-9 lists 12 documents that may be used to establish identity (List B), seven documents to establish employment eligibility (List C) and ten documents which establish both (List A).
The form every employer needs to fill out for every employee, citizen or not, to document the legal status of the employee.
Wolf W. Kaufmann
Southern California Immigration Attorney
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Form I-9, Employment Eligibility Verification, is a form that all employers are required to have their employees complete upon being hired. The forms purpose is to ensure that the individual being hired has legal authorization to be employed in the U.S.
The form is available here: http://www.uscis.gov/files/form/i-9.pdf. Additionally, USCIS provides a Handbook for Employers, available here: http://www.uscis.gov/files/form/m-274.pdf
If you are an employer, you may want to consult with an experienced immigration attorney to understand what requirements you are subject to and avoid possible fines based on I-9 issues.
Nisha V. Fontaine, Esq.
Serotte Reich Wilson, LLP
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