Got the New I-9?

The new I-9 form has many small businesses unprepared and facing stiff penalties for failing to comply with the form’s requirements.

May 09, 2013

FORT ATKINSON, Wis. – As of yesterday, all U.S. employers are required to use an updated version of the federal I-9 form that proves the eligibility of new workers, CPA Practice Advisor reports.

Failing to comply with the form’s requirements can subject an employer to fines ranging from $110 to $1,100 per unintentional violation, according to the U.S. Citizenship and Immigration Services. And penalties for document fraud rise higher, up to $6,500 per penalty, and to $16,000 for knowingly hiring an unauthorized worker.

"We've represented many, many employers that had Immigration Services swoop down on them, not because of illegal employees but because the paperwork isn't filled out right," said Carl Shusterman, a Los Angeles immigration attorney and former trial attorney for the U.S. Immigration and Naturalization Service. "They're fining thousands of employers on the one-page form." 

Investigations focusing on I-9 compliance have increased under the Obama administration, with government audits of employer I-9 forms rising from 250 in fiscal 2007 to more than 3,000 last year, according to data from U.S. Immigration and Customs Enforcement. 

While employers had a two-month grace period to transition to the new, two-page form, as of yesterday, the updated form is the only valid one.

"It's a matter of making sure everything is entered correctly," said Justin Storch, manager of agency liaison for the American Council on International Personnel, a trade group for engineering and technology companies with at least one international office. "One little slip-up here and there can open employers up to liability. It's important for all employers to know this new form is out there, but there's a good chance there are a lot employers out there who don't know it's been released."

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