Employment Eligibility Compliance: The Big Uneasy

As a new HR person one of the first things I learned was the importance of the I-9 "Employment Eligibility Verification Form."  I started my career working for a small private school that offered me the position of HR manager after a couple of years of working as an Executive Secretary to the Dean.  A natural choice as I was already doing some of the tasks that HR would do (mainly staffing type functions) in addition to my other duties.

The Conjurer, Heironymous Bosch (circa 1450-1516)

The school had grown in three years from about 35 employees to about 100 employees.  Someone on the Board of Directors at the school knew it was time to have a dedicated HR person.  I received excellent training from Fairfield University - they had a comprehensive HR Management Certificate Program at the time that met for a full year two times a week.

On the surface, the I-9 form looks pretty easy to complete. Yet it has been estimated that roughly two-thirds of these forms at both corporations large and small have errors.  And ones that are not easily corrected.

I prepared a presentation which is available online for an area law firm recently to explain how to ensure your I-9 form is completed appropriately and which also provides information on the E-Verify system.

A few points to mention from this on correcting errors:

• Do not use white-out.  If a mistake occurs during completion of the I-9 form, cross out the error, initial and date it, inserting the correct information.  Note:  Only the person responsible for the section with the error may correct that section of the document.

• Only the employee may complete, sign and date Section 1.  Corrections to this section may only be made by the employee, initialed and dated.

• According to the I-9 form, "federal law provides for imprisonment and/or fines for false statements or use of false documents in connection with the completion of this form." 

And those fines can really add up:

Fine per occurrence	Description of error
$110 – $1,100 per form	Improper completion, retention, storage or if not available for inspection
$250 - $5,500 per worker plus criminal prosecution	Knowingly hiring an unauthorized
$375 - $3,200 per document, first offense $3,200 - $6,500 per subsequent offense	Knowingly commits or participates in document fraud

Even a small firm can end up with sizable fines as a result of an audit of their I-9 paperwork.  The best way to address this issue is by doing an internal audit of your I-9 paperwork.

"Just a small fine or a slap on the wrist is not a deterrent...we see more robust criminal cases...the prospect of 10 years in prison carries much sharper teeth than just a small fine....We want to send the message that your cost of business just went up because you risk your livelihood, your corporate reputation and your personal freedom." 

"....individuals who have profited from hiring illegal aliens....we're going after their houses, their Mercedes and any money that they have, as well."

-Julie Myers, Department of Homeland Security Assistant Secretary for Immigration and Customs Enforcement (Previous Director of ICE)