With businesses going worldwide and hiring more foreign talents, it has become imperative for employers to make certain that they comply with laws that govern immigrant workers. Lousy press, aside from the ample federal fines, can temporarily shut down a business or even keep it closed forever.
That’s why companies that employ foreign workers set aside budget for immigration lawyers to help in keeping them on the proper course when it comes to I9 compliance. In Las Vegas NV, MC Law Group has a team of seasoned company immigration lawyers that can help ensure their clients are compliant. Here are some of the areas on I9 conformity on which immigration attorneys can help.
I9 Instruction Manual
Missing signatures, incorrect dates, incomplete check boxes, transposed information — these are just a number of the most common blunders in I9 documents that foreign employees often miss out and it’s the responsibility of the company to make sure all forms are correctly filled up to avoid any problems during auditing.
On the employer’s side, the I9 form might also be incomplete, or the finished file misplaced during filing. The employer also needs to correctly monitor the file codes applicable to the identification methods. Discrimination claims may also appear if the company is asking for more identifying records from one list compared to another. Overly few documents, on the flip side, may result in a violation due to incomplete forms.
3 Day Rule Conformity
Beginning from the foreign worker’s first day of employment, the I9 forms ought to be completed in 3 business days or less as stipulated by ICE rules. So these things should happen in 3 business days — the worker finishes his section of the form, supply proper identification files, and the company verifies these files.
This can be challenging because there may be cases wherein the new worker forgets to bring his files within 3 days of employment, or the hiring firm has multiple places making it tough to verify accomplished records and sending employers from one place to another. Failure to comply with the 3 day deadline could result in hefty fines.
Employers need to monitor the encouraging documentations for some citizenship statuses. For instance , a foreigner authorized to work in the state will supply records establishing he is qualified to work in the US. The company has a responsibility to monitor the expiry date of these files and ask the employee to supply new documents before the old ones expire.
This trailing of documents and their corresponding expiration dates can be time consuming. Despite the use of filing systems and complex spreadsheets, human error is still a large chance both on the employee or company side. Some employees might not be qualified to work in the US anymore and this violates the company’s conformity.
Legality of Identifying Files
During the hiring process, it’s possible the hiring department might be unable to screen if the presented documents are valid. In case the mixture of the identifying documents is wrong, then the employer’s I9 documentation is incomplete and is subject to corresponding fines.
The hiring department might also request for too few or too many identifying files which might seem offensive to some foreign workers, subjecting the business to discrimination suits and I9 breaches. Having expired documentations additionally make the organization non compliant.
As per ICE rules, I9 types of employees mustn’t be kept in archives longer than a year after the employment has been terminated or 3 years following the employee was hired, whichever is greater. Purging the old forms protect the workers’ sensitive information and also free up storage space. Failure to destroy the I9 forms within the time frame given will subject the employer to penalties.
Also, during audit, the outdated I9 forms that have never been purged shall be subjected to checking account and the errors discovered shall still be billed with corresponding penalties. The task of keeping track of the I9 files and purging as necessary is a tedious task.
A Little Help from Company Immigration Attorneys
This is where the immigration lawyers of MC Law Group , located in Las Vegas NV, come in. They can assist with the I9 compliance from filing to care so the company is never found non-compliant.