1. What is the Form I-9 and why do I need it?
Good question! The Immigration Reform and Control Act
(I.R.C.A.) requires
all U.S. employers to verify
all their
employees are legally allowed to work in the U.S. This
verification is done via the Department of Homeland Security
Employment Eligibility Verification Form (known as the Form
I-9).
Note: The Spanish version of Form I-9, may be filled out by
employers and employees in Puerto Rico ONLY.
Spanish-speaking employers and employees in the 50 states
and other U.S. territories may print this for their
reference, but may only complete the form in English to meet
employment eligibility verification requirements.
2. What does 'Employment Eligibility' mean?
Employment Eligibility is the term used by the U.S.
government to describe the process of determining if a
employee/worker being hired has a legal right to work. In
other words, proving an employee's Employment Eligibility
will show that they are not an Illegal Immigrant, and will
allow your company to operate within U.S. Immigration law.
3. I already run background checks on my new hires, isn't that the same thing as employment verification?
No! A background check with a Social Security Number will
only show whether or not that Social Security Number matches
the Employee's name.
It absolutely does not prove whether or
not the employee is Work Authorized in the United States.
Only an Employment Eligibility Verification check through i9
Advantage can determine Work Authorization status.
4. Is the Form I-9 important to small business owners like myself?
Yes! Every U.S. employer must complete a Form I-9 for each
and every employee they hire, no matter how many employees
they hire.
5. What are the chances I'll be targeted for a Form I-9 audit?
You may think only the big guys get targeted for Audits. The
truth is, "ICE" has significantly increased its reach and
has asked congress for $1.9 billion to increase the scope of
investigations of the enforcement arm, or in other words,
increase audits.
The number of individuals arrested on administrative
immigration violations in work site enforcement cases has
grown from 485 in 2002, the last full year under the old
INS, to 3,667 during 2006 under ICE.
6. How much can it cost my business if I don't fill out my Form I-9s correctly?
It depends. Penalties range from $275 to $11,000 depending
on the number of offenses and the date the employee was
hired. Keep in mind these penalties are not just limited to
employees, but also covers contract employees
known to be
unauthorized to work in the U.S.
7. What government agencies are affiliated with the Form I-9 and how can I contact them?
Click each agencies link to view their contact information:
8. I.R.C.A., I.N.S., D.H.S... What do all of these abbreviations stand for?
So you want to learn how to "talk the talk" at the water
cooler? Here's everything you'll need to know to be the "In
Person" when it comes to I-9.
- I.R.C.A. = Immigration Reform and Control Act (of 1986)
- I.N.S. = Immigration and Naturalization Service
- D.H.S. = Department of Homeland Security
- I.C.E. = Immigration and Custom's Enforcement
- C.A.P. = Criminal Alien Program
- N.F.O.P. = National Fugitive Operations Program
- I.B.F.U. = Identity and Benefit Fraud
9. Why is I9 Advantage better than a Paper Based or E-Verify Program?
The government's E-Verify Program only cross checks social
security numbers with the government database and the
department of homeland security. It does not protect you
from costly government audit procedures, validate your form
information, and can take months to integrate into your HR
hiring procedures. Also, when you're done using the E-Verify
Program you're still stuck with a paper form to retain.
If the government audits your company they WILL NOT accept
paper forms for medium and large companies, so you would end
up having to scan every form into a digital format, name
every file, and turn it all in within a 72 hour period to
the auditors.
I9 Advantage takes all of the work out of connecting to and
dealing with the basic pilot, and will electronically store
your I-9 Forms, remind you when forms are expiring, validate
and verify each form, as well as help you manage government
audits.
For more info see our i9 Advantage /Paper Based / E-Verify Comparison Chart
