WHAT IS IT? WHY IS IT IMPORTANT?

HOW CAN THE LAW OFFICES OF SUNITA KAPOOR ASSIST YOU?

I-9 Compliance

What is employment verification and I-9 compliance?

Under the Immigration and Reform Control Act, all employers must verify the work eligibility of each employee hired after Nov. 6, 1986.

Non-compliance gives rise to criminal and civil penalties. In 2006, 716 employers and employees faced criminal charges for non compliance. 3,667 faced administrative charges.

What are the penalties a company can face for non-compliance?

A fine of $250 and $5500 for each unauthorized worker.

A bar from government contracts.Criminal charges and imprisonmentPerjury charges for falsifying documentsFor any document that is not filed properly, a

fine of $100 to $1100

For whom does an employer not have to file an I-9?

ApplicantsDomestic workers in the home who work only

occasionally (work that is irregular, sporadic, intermittent—www.uscis.gov).

Those hired before Nov. 6, 1986However, if an employer knows, or should

know, it is contracting with a company using undocumented workers, it can still be liable.

Contractors/Unpaid volunteers

I-9 compliance is not required for contractors or unpaid volunteers.

However, if an employer contracts with a company whom it knows uses unauthorized workers, that employer can still be liable.

What documents are required?

There are 3 lists of documents showing identity and work authorization. (Lists A, B, C).

Employers may have one document from List A below.

Or, they may have a combination of one document from List B (documents showing identity) along with one from List C (documents showing work authorization);

One document from List A

Documents that establish both identity and employment eligibility.

They include a U.S. passport, certificate of U.S. citizenship, certificate of nationalization, permanent resident card with photo…

May use an unexpired: temporary resident card, reentry permit, refugee travel document, employment authorization document with photo.

Combination of Documents

One from List B (documents that establish identity):

Drivers’ license, voter card, hospital record, etc. Plus one from List C (documents establishing

employment eligibility:Social security card, U.S. citizen ID card, etc…

These lists can be found in detail at http://www.twc.state.tx.us/news/efte/i_9_requirements_lists.html

Retention Period for Documents

I9 records are not filed with the government. The employer must keep the records in his own files for 3 years, or

for 1 year after the employee’s date of hire, whichever is longer.

I9 records must be kept even for employees that have been terminated if they are still within the retention period.

Storing Records/Photocopies

Records must be stored where they can be obtained for inspection within 3 days.

Employers are not required to photocopy the documents; reasonable inspection is sufficient.

Updating Records

I-9 forms must be re-verified when an employee’s work authorization expires.

The employee must present the proper documentation to show. To re-verify, the employer must complete Section 3.

Employers must also update the I-9 if there is a name change.

Filling out the I-9

It is the employer’s responsibility to make sure the employee completes the I-9: Section 1 must be completed no later than the close of

the 1st business day which the new employee works Section 2 must be completed no later than the close of

the 3rd business day.

Antidiscrimination Requirements

IRCA Act also includes anti-discrimination provisions:

No discrimination on national origin or citizenship status

You may not request documents other than those listed.

You may not refuse to accept documents that appear facially valid.

What do we provide?

The Law Offices of Sunita Kapoor can provide you with expert I-9 assistance.

We reduce the risk that you suffer financial losses/criminal charges because of non compliance with federal laws.

We provide a cost-effective and error free method of complying with the IRCA requirements so that you will not risk penalties.

What do we provide?

We can do one or both of two things for you.We can periodically audit your employment

records to ensure that they remain updated.We can also take care of all your I-9 needs, so

that you don’t have to worry about anything.

Where can the forms be obtained?

The latest version of the I-9 form (May 31, 2005) is available on the USCIS Web site at

www.uscis.gov/files/form/I-9.pdfYou may obtain a copy of the INS Employer’s

Handbook at your local INS office, or online at

www.uscis.govOr contact the Law Offices of Sunita Kapoor.

We can provide you with all the correct forms.

How to contact Sunita Kapoor

For more information about I-9 compliance, please call us at (713) 782-3332 fax: (713) 782-3339

Visit our website at sunitakapoor.com____________________________________

Our office is located at:2825 Wilcrest Drive # 361Houston, TX 77042

We look forward to serving you and taking care of your I-9 needs!