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.
Other Information
Form I-9 Training Sept. 21, 2007 and March 17, 2008
This program offers orientation on the core requirements of completing Form I-9 for all employees at PSU. Specifically,
step-by step training on I-9 processes to assist staff to determine employment authorization. This training is open to all
staff.