Employers are required to comply with a myriad of different laws and rules relating to employment verification, document retention, and hiring of workers. One example is the Form I-9, which is used to verify the identity and employment authorization of potential employees in the United States. This form is quite short, but carries significant responsibilities and consequences if mishandled. In light of heightened government scrutiny, it is important that employers develop long-term planning solutions for hiring practices, document retention, and overall compliance with respect to its I-9 forms and other employment-related documentation. Wilson Law Group attorneys will work with you to ensure sound and compliant hiring and retention practices or defend against sanctions or government inspection processes.
Basic I-9 Requirements:
An employer must complete a Form I-9 each time it hires a person to perform labor or services in the United States in return for wages or remuneration.
There are, however, some instances in which an employer is NOT required to complete a Form I-9. Employers do not need to complete a Form I-9 for persons:
• hired on or before November 6, 1986 who are continuing in their employment;
• employed for casual domestic work in a private home on a sporadic or intermittent basis;
• independent contractors;
• providing labor to you who are employed by a contractor providing contract services; or
• not physically working on U.S. soil
A new version of the Form I-9 was recently released on March 8, 2013 (revision date “03/08/13”). No other edition of the form is accepted.
Both the employer and prospective employee must complete the Form I-9. A prospective employee must also present acceptable documents evidencing identity and employment authorization to the employer. Employers must also ensure that they are not discriminating in their hiring practices.
Employers are further subject to strict retention requirements for I-9 forms.
Please contact Wilson Law Group to schedule a consultation to learn more about how our office can assist you or your company with such important matters.