Anti Discrimination Requirements
The IRCA prohibited discrimination in hiring and discharging based on national origin or citizenship status.
An employer cannot demand more or different documents than an employee chooses to present, provided that the documents presented meet the Form I-9 compliance requirements
Protected persons must be considered for employment only on the basis of qualifications, experience, and personal merit. Accordingly, the Form I-9 compliance process may not be used to pre-screen employees for hiring
Note: Anti-discrimination provisions are enforceable against employers of four or more employees found to have discriminated against any person, other than an unauthorized foreign national, in hiring, discharging, recruiting or referring for a fee because of that person's national origin or, in the case of citizens
or protected individuals, citizenship status.
Retaining I-9 Forms
Unlike tax Forms, for example, Forms I-9 are not filed with the U.S. government. You must maintain I-9 records in your own files for three years after the date of hire or one year after the date the employee's employment is terminated, whichever is later.
This means that Form I-9
needs to be retained for all current employees, as well as terminated employees whose records remain within the retention period.
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Storing Form I-9 Records
Form I-9 records may be stored at the worksite to which they relate or at a company headquarters (or other) location, but the storage choice must make it possible for the documents to be transmitted to the worksite within three days of an official request for production of the documents for inspection.
Missing I-9 Forms
When you discover that an I-9 Form is not on file for an employee,
you must request the employee to complete an I-9 Form immediately and submit documentation as required in section two.
The new Form should be dated when completed, and never post-dated. When an employee cannot provide acceptable documentation, you become aware at that time of the individual's ineligibility to work. You may be subject to penalties for "knowingly" continuing to employ a worker under such circumstances.
Form I-9 Requirements of New Owners of Existing Businesses
If you are a new owner of a business, you may keep the acquired employer's
I-9 records rather than complete new Forms I-9 on employees who were also employees of the acquired employer. However, since you would be responsible for any errors, omissions or deficiencies in the acquired records, you may choose to protect yourselves by having a new Form I-9 completed for each acquired non-exempt employee and attached to that employee's original Form I-9.
Services offered by VisaPro
Our experienced immigration attorneys will assist you with the Form I-9 compliance requirements. Our services in this area include:
Effective and comprehensive Form I-9 employment verification compliance
Periodic internal audits of your employee records
Audits of your I-9 compliance procedures to identify problems and make corrections
Development of written policies and guidelines for employee verification
Training your employees in proper preparation and maintenance of Form I-9 records
Unlimited personal communication with your own VisaPro immigration attorney
Fast, easy and secure processing through your personal online VisaPro account