I-9 EMPLOYER OBLIGATIONS
All U.S. employers are responsible for the completion and retention of the I-9 Form and the I-9 Checklist for each individual they hire for employment in the United States. This includes citizens and noncitizens. On the form, the employer must verify the employment eligibility and identity documents presented by the employee and record the document information on the Form I-9.
Do not file Form I-9 with U.S. Immigrations and Customs Enforcement (ICE) or USCIS. Form I-9 must be kept by the employer either for three years after the date of hire or for one year after employment is terminated, whichever is later. The form must be available for inspection by authorized U.S. Government officials (e.g., ICE, Department of Labor).
The Immigration Reform and control Act of 1986 (IRCA) makes it illegal for U.S. Employer to knowingly hire or continue to employ an alien not authorized to be employed in the U.S. It imposes a requirement that all employers verify the employment eligibility of all employees hired (both aliens and U.S. workers).
Requirements Under IRCA
- An employer cannot knowingly hire an alien who is not authorized to be employed in the U.S;
- An employer cannot continue to employee an alien when it knows the alien is, or has become, unauthorized to work in the U.S.;
- An employer must comply with the rules of the employment eligibility verification (Form I-9).
Who Is Not Considered An Employee
- Casual domestic workers
- Independent contractors
Unauthorized Alien
IRCA defines an unauthorized alien as an individual who is not at the time of employment, either a U.S. citizen or national, a legal permanent resident or an alien authorized to work by the USCIS.
ENFORCEMENT
Enforcement and Employment Sanctions
There are two kinds of violations: (1) Form I-9 paperwork violations; (2) Knowingly employing or continuing to employ an unauthorized alien.
Penalty Includes Civil and Criminal Sanctions
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Failure to properly comply with I-9 completion and retention rules:
- Each Offense $100 - $1,000 (Offense before 9/29/99) $110 - $ 1,100 per violation
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Knowingly hire or continue to employ an unauthorized worker:
- First Offense: $250 - 2,000 (offense before 9/29/99) $275- 2,200 per unauthorized employee (offense after 9/29/99)
- Second Offense: $2,000 - $5,000 (offense before 9/29/99) $2,200 - $ 5, 500 per unauthorized employee (offense after 9/29/99)
- Third Offense: $3,300 - $11,000 per unauthorized employee (offense after 9/29/99)
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Engaging in a patter or practice of IRCA violations:
- $ 3,000 and/or six months imprisonment per employee
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Engaging in fraud or false statement, misusing visas:
- Fine and /or 5 year imprisonment
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Hiring violations:
- Loss of Federal contracts;
- Listed on the "List of Parties Excluded form Federal Procurement and Non-Procurement Programs;
- Inability to apply for federal contracts/grants for at least a year.
Updated Information
On December 17, 2008, the United States Citizenship and Immigration Service (USCIS) published a new version of the Form I-9 which will be effective February 2, 2009. Please ensure that your unit begins using the new version on that date.
The new version of the form contains only a few modifications to the current version of the form:
ﾕ The form now provides separate boxes for the employee to claim status as either a "citizen" or a "national" rather than one box to claim status as a "citizen or national" on the current form.
ﾕ The ﾓList of Acceptable Documents,ﾔ found on the reverse of the form, which was last changed in 2007 to make the formﾒs instructions match the regulations promulgated in 1997, has been amended again to eliminate references to certain documents no longer issued by USCIS and to update references to certain other documents.
ﾕ The most important change is that the new regulations and I-9 form now require that any document presented for I-9 purposes be unexpired (except documents such as Social Security Cards or birth certificates that have no expiration date).
ﾕ Makes clear that a Social Security Card cannot be accepted if it specifies on the face that the issuance of the card does not authorize employment in the United States.
The new form is not yet in its final version, but upon its' availability we will send you the link to the form and its' instructions. It is important to note that the USCIS is also in the process of revising its I-9 Handbook for Employers to reflect these recent changes and the new version of the Handbook is expected to be published shortly.
I-9 training opportunities at Penn State are offered several times throughout the year by International Scholars & Faculty Visa Services in conjunction with the Human Resource Development Center.
It is also possible to schedule I-9 training for your specific college or unit.
Please contact Michele Barosh mbb13@psu.edu for details.