Immigration and I-9

1. IMMIGRATION AND I-9 FORMS
GABRIELA ROSAS
HUMAN RESOURCES VICE PRESIDENT

2. OVERVIEW
• WHO IS COVERED
• REQUIREMENTS
• EMPLOYEE RIGHTS
• PENALTIES
• EXAMPLE
• ADDITIONAL ASSISTANCE

3. WHO IS COVERED
• The Immigration and Nationality Act (INA) is administered by the Office of
Foreign Labor Certification (OFLC) of the Employment and Training
Administration (ETA)
• The INA includes provisions addressing employment eligibility, employment
verification, and nondiscrimination
• These provisions apply to all employers

4. REQUIREMENTS
• Under the INA, employers may hire only persons who may legally work in the
United States (i.e., citizens and nationals of the U.S.) and aliens authorized
to work in the U.S.
• The employer must verify the identity and employment eligibility of anyone to
be hired, which includes completing the Employment Eligibility Verification
Form (I-9)
• Must be completed on the first day of employment!
• Employers must keep each I-9 on file for at least three years, or one
year after employment ends, whichever is longer.

5. EMPLOYEE RIGHTS
• The INA protects U.S. citizens and aliens authorized to accept
employment in the U.S. from discrimination in hiring or
discharge on the basis of national origin and citizenship status

6. LAWS/PENALTIES
• Immigration Reform and Control Act of 1986 (IRCA)
• Requirement for I-9 forms and regulated requirements for hiring authorized
employees
• Monetary penalties for knowingly hire and continuing to employ violations range from
$375 to $16,000 per violation, with repeat offenders receiving penalties, at the higher
end
• Penalties for substantive violations, which includes failing to produce a Form I -9, range
from $110 to $1,100 per violation
• In determining penalty amounts, ICE considers five factors:
• The size of the business
• Good faith effort to comply
• Seriousness of violation
• Whether the violation involved unauthorized workers
• History of previous violations

7. E
X
A
M
P
L
E

8. ADDITIONAL ASSISSTANCE
• Employment and Training Administration, Office of Foreign Labor Certification
E-mail: ETApagemaster@dol.gov
Tel: 1-877-US2JOBS (1-877-872-5627) or 1-202-693-3010; TTY
• Wage and Hour Division
Contact WHD
Tel: 1-866-4USWAGE (1-866-487-9243); TTY: 1-877-889-5627
• http://www.dol.gov/compliance/guide/aw.htm#who

9. OVERVIEW
• WHO IS COVERED
• REQUIREMENTS
• EMPLOYEE RIGHTS
• PENALTIES
• EXAMPLE
• ADDITIONAL ASSISTANCE