Immigration Compliance and I-9 Audits
While many individuals abroad may have the skills needed for positions in the United States, only those who meet specific qualifications can immigrate. To ensure compliance, the federal government requires employers to complete and retain forms that verify each employee’s work authorization. Employers use the I-9 form for this purpose and are required to complete it for every new hire.
Form I-9 plays a critical role in the hiring process by requiring new employees to provide proof of identity and evidence of their authorization to work in the United States. In addition to completing the form, employees must submit supporting documentation from an approved list.
Although employees provide the information on these forms, the employer bears responsibility for completing them. Federal law mandates compliance within three days of the employee’s start date.
There is also a retention aspect to I-9 compliance. It is not enough for businesses to keep these records until the employee no longer works there. Instead, the law requires companies to keep these records until the later of two dates: three years from the day the employee was hired or one year from their last day of employment.