Form I-9 Audits Up Dramatically Since October

I-9 Fines from 2009 to 2017

Fines as a result of I-9 audits are dramatically up the past year.

From October 1, 2017-May 4, 2018, U.S. Immigration and Customs Enforcement (ICE) conducted 2,282 Form I-9 audits, up from 1,360 audits from October 1, 2016-September 30, 2017. Given this dramatic increase, employers should take a moment to ensure that their Form I-9 compliance practices meet federal requirements. Businesses that fail to comply with these requirements are subject to penalties of up to $2,236 per violation.

4 Quick Form I-9 Compliance Tips

  1. All U.S. employers generally must fill out and keep a Form I-9 for every person they hire for employment in the United States, as long as the person works for pay or other benefits.
  2. Newly hired employees must complete and sign Section 1 of Form I-9 no later than the first day of employment.
  3. An employee must present to the employer an original document or documents that show his or her identity and employment authorization within 3 business days of the date employment begins.
  4. Employers must retain an employee’s completed Form I-9 for as long as the individual works for the employer. However, Form I-9 does not need to be filed with any federal agency.

Posted by HR360

Tennessee Law Requires Certain Large Employers to Use Federal E-Verify Program

Requirement Begins January 1, 2017

A new law in Tennessee requires employers with 50 or more employeesto use the federal E-Verify program to verify the work authorization status of employees.

Background
U.S. law requires companies to employ only individuals who may legally work in the United States—either U.S. citizens or foreign citizens who have the necessary authorization. E-Verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. Use of E-Verify is mandatory for certain federal contractors. Certain private companies may also be required by state law to use E-Verify.

Tennessee law generally requires employers with 6 or more employees to verify the employment eligibility of employees and nonemployees (such as independent contractors). Employers may verify employee eligibility using the federal E-Verify program or request and maintain an identity or employment authorization document, such as a passport, birth certificate, or valid alien registration.

New Law
Under the new law, employers with 50 or more employees must enroll in and use the federal E-Verify program to verify the work authorization status of employees hired on or after January 1, 2017.

Employers who enroll in and utilize the E-Verify program must maintain a record of any results generated by the program. The E-Verify program only verifies the eligibility of employees, not nonemployees; documents are required for nonemployees.

Click here for more information and other provisions of the law.

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