I-9 Compliance & Employer Sanctions

Illinois I-9 Compliance & Employer Sanctions Attorney

Helping Employer Verify Eligibility

The Immigration Reform and Control Act (IRCA), passed in 1986, requires employers to verify their employees’ immigration status. It made it illegal for employers to knowingly hire or recruit immigrants who are not authorized to work in the USA.

Employers continue to face enforcement of their compliance with the IRCA. They are now subject to unprecedented levels of legal scrutiny at all stages of the hiring and employment process.

The Dworsky Law Firm Can Help You Verify Employment Eligibility

All employers must verify the identity and employment eligibility of each employee hired after Nov. 6, 1986. To do this, they must fill out the Employment Eligibility Verification Form I-9, known simply as Form I-9. Failure to comply can result in criminal and civil sanctions.

The Dworsky Law Firm can assist employers with:

  • Establishing good I-9 employment verification programs and policies within their organizations, including the usage of E-Verify, electronic I-9s, and IMAGE
  • Training human resources in appropriate I-9 compliance
  • Conducting internal I-9 self-audits, which include reviewing current I-9 employment verification practices and policies, reviewing the employer’s I-9 records, recommending steps for remediation, and establishing new practices for good faith compliance
  • Responding to Immigration and Customs Enforcement (ICE) Notices of Inspection (NOI), Notice of Intent to Fine (NIF), and subsequent proceedings if violations are found
  • Conducting third-party independent audits pursuant to an agreement between employers, contractors, and sub-contractors

An employer must also file a Labor Condition Application (LCA) or ETA 9035 with the U.S. Department of Labor before hiring certain foreign workers. The employer must give notice to its employees and maintain a public access file for a specified period.

The Department of Labor audits companies’ LCA documentation. It may subject employers who aren’t in compliance to fines, payment of back wages, and debarment from the H-1B program.

Our Illinois immigration attorneys help employers:

  • Establish good LCA practices
  • Train human resources in appropriate LCA compliance and best practices
  • Conduct internal LCA self-audits
  • Respond to Department of Labor audits and inquiries

Frequently Asked Questions About I-9 Compliance and Employer Sanctions

How and When Must Form I-9 Be Completed?

Employers in the U.S. must complete a Form I-9, Employment Eligibility Verification, for every employee they hire. Employees must attest to their authorization for employment on the form and provide employers with documents as evidence. Employers are required to examine employees’ documentation to determine whether it is genuine and record it on the I-9.

Employees must complete and sign Section 1 of the form no later than the first day of employment. They may complete and sign the form before they start work but not before accepting an offer of employment. Employers must ensure employees complete Section 1 and Section 2 within three business days of the employee’s start date.

What Documents Are Acceptable for I-9 Verification?

United States Citizenship and Immigration Services (USCIS) provides three lists of documents (A, B, and C) that are acceptable as supporting documentation for Form I-9. Employees may provide one document from List A or two others, one from List B and one from List C.

  • List A consists of documents establishing the employee’s identity and employment authorization, such as a passport.
  • List B consists of documents establishing identity, such as a driver’s license or voter registration card.
  • List C documents establish employment authorization. These include Social Security cards (with no employment restrictions) and original or certified birth certificates issued in the U.S.

How Long Must Employers Retain I-9 Forms?

You should keep a completed Form I-9 on file for every employee who works for you, along with any copies of supporting documentation. Under federal regulations, for every person you hire, you must keep the I-9 for three years after the hire date or one year after employment is terminated, whichever comes later. Forms and documentation may be stored electronically, provided they are accessible and can be produced upon request by authorized government officials. Employers must ensure all documents are securely stored to protect the employees’ personal information.

Are Illinois Employers Required to Use E-Verify?

Illinois law does not require employers to use E-Verify to check worker eligibility. E-Verify is an electronic system that compares the information provided by a worker on Form I-9 with government databases to verify their employment eligibility. Neither the state nor the local government can require employers to use this system.

Employers in Illinois may voluntarily choose to use E-Verify. If they do so, they must comply with the Right to Privacy in the Workplace Act, which prohibits misuse of E-Verify and places certain recordkeeping and training requirements on employers.

Contact the Dworsky Law Firm at 847-994-4130 for skilled legal assistance with I-9 compliance and employer sanctions.

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