The recent steps taken by Obama Administration to zero in on employers with I-9 gross violation, I would like to suggest the employers few measures which I’ve gleaned from assisting employers survive such audits over the years:
– Employers has to make sure that each new hire completes Section 1 of the I-9 form on the first day of employment to avoid paying fines in case the employee’s information is incomplete.
– Need to complete Section 2 of the form by the employee’s third day of employment. Employee can show from the list of documents mentioned at the back of the form List A document/ List B document., and one from List C (Employment Authorization) document. Do not request specific documents or additional documents.
– I-9 forms to be kept separate from employee personnel files.
– Advising employees who check the box in Section 1 to update the I-9 well in advance of the termination of their work permits.
– The I-9 forms must be retained for three years after the employee is hired or one year after his employment ceases, whichever is later. Keep the forms separately of active employees and of former employees.
– Never update the forms of U.S. citizens or permanent residents, even though “green cards” all have expiration dates.
– Treat your employees at par with the same as employees who are U.S. citizens.
I like to suggest for the Periodic review by an Immigration attorney, of the I-9 forms once in a year, to serve the compliance of law as well as implementing an appropriate Immigration practices.