I-9 Compliance
Every employer in the United States is required by federal law to verify the identity and
employment authorization of each person they hire. This obligation is fulfilled through the
completion of Form I-9, Employment Eligibility Verification. The requirement applies to all
employers, regardless of size, and to all employees hired after November 6, 1986,
regardless of citizenship status.
While the concept is straightforward, the execution is not. The I-9 verification process
involves specific timing requirements, document acceptance rules, anti-discrimination
provisions, and recordkeeping obligations that create real compliance risks for employers
who do not have clear procedures in place.
At Massa Viana Law, we help employers understand and meet their I-9 obligations. Our
services include staff training, internal audits, corrective action planning, and guidance on
responding to government enforcement activity.
Understanding the I-9 Requirement
For each new hire, the employee must complete Section 1 of Form I-9 on or before the first
day of work, and the employer must complete Section 2 within three business days of the
start date. The employee presents documents from the List of Acceptable Documents to
establish both identity and employment authorization and employers may not request
specific documents or additional documentation beyond what is required.
Common I-9 Compliance Mistakes
Even well-intentioned employers frequently make errors. The most common mistakes
include failing to complete the form within the required timeframe, requesting specific
documents rather than allowing the employee to choose, asking for more documents than
required, failing to reverify when temporary work authorization expires, not properly
completing or signing all sections, and retaining forms for an incorrect period of time.
Government Enforcement and Notices of Inspection
Immigration and Customs Enforcement may issue a Notice of Inspection requiring an
employer to produce all I-9 forms and supporting records for review within three business
days. Penalties can range from several hundred to several thousand dollars per violation. In
cases involving patterns of violations or knowing employment of individuals not authorized
to work, consequences can be substantially greater. USCIS may also conduct a separate
unannounced site visits.
How We Help Employers
I-9 Training
We provide practical training sessions for human resources staff and hiring managers
covering proper form completion, document acceptance rules, anti-discrimination
provisions, reverification procedures, and recordkeeping best practices.
Internal I-9 Audits
We conduct thorough reviews of an employer’s existing I-9 forms to identify errors,
omissions, and areas of non-compliance, followed by a corrective action plan.
Corrective Action and Remediation
Responding to Notices of Inspection
If your organization receives a Notice of Inspection from ICE, we assist with organizing and
reviewing required documentation, identifying deficiencies, and representing the employer
in communications with the inspecting agency.
Schedule a Consultation
If your organization needs assistance with I-9 compliance, whether through training, an internal audit, or guidance on responding to an enforcement action, we are here to help. Contact our offices in Southborough, MA, or Providence, RI, to schedule a consultation.
Real Stories
Hear directly from those who have already obtained a green card or citizenship with us
Donald Metivier
My wife and I had no idea what to do with her visa process, and Dr. Antonio and team helped us through everything. He clearly cares a lot about his clients and it shows in his effort and results. We couldn’t ask for a better lawyer and partner on our legal journey.
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With a very professional, knowledgeable, and compassionate approach, Antonio Viana helped me with my immigration needs. By being always assuring and available to answer my questions, which can be an issue for most lawyers, he has made a huge difference to the stressful process. I highly recommend his services!.
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Narbal Alves Junior
FAQ
Frequently Asked Questions
How long must I-9 forms be retained?
Should we require I-9 forms only from non-U.S. citizens?
No. The requirement applies to all employees equally. Applying it selectively could constitute discrimination, which carries its own penalties.
What should we do if we discover errors in existing I-9 forms?
What penalties can result from I-9 violations?
Other Questions
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