For over 25 years, Monty & Ramirez LLP has been a trusted advisor to employers navigating the complexities of immigration compliance. Our team of experienced attorneys specializes in helping businesses stay compliant with federal immigration laws while minimizing risks and protecting their workforce. We offer tailored immigration compliance training and conduct mock I-9 audits to ensure your company is prepared for government inspections and enforcement actions.
To support your compliance efforts, we provide an exclusive Immigration Compliance Toolkit, which includes essential resources such as:
- I-9 Compliance Safety Card
- Innocent Bystander – Victims of Identity Theft Protocol
- NCIS Protocol
- ICE Inspection Protocol
- Employee Protocol for Employers
- And More!
Contact our team today to receive your Immigration Compliance Toolkit. Call us at 281-493-5529 or email us at info@montyramirezlaw.com to learn how Monty & Ramirez LLP can help protect your business.
Form I-9 Compliance Checklist
This guide is designed to help employers avoid penalties and fines by ensuring proper completion and verification of I-9 forms.
Section I:
- Make sure to use the most recent edition of the form.
- Section 1 of the I-9 must be completed no later than the employee’s first day of employment.
- Completing Section 1 is the employee’s responsibility, but employers should make sure Section 1 is properly completed.
- Make sure the employee completes all required fields.
- Make sure the forms are correctly signed and dated.
- Employees do not have to provide their social security number unless the employer is enrolled in E-Verify.
- Never go back and change information on Section 1 of an I-9. Employers can only change Sections 2 & 3.
- Review any possible errors with the employee. The employee must correct any confirmed errors. Let the employee make corrections with red ink, date them, and initial where necessary.
Section II:
- Deadline: Section 2 of the I-9 must be completed within three days after the first day of employment. Count three business days after the employee’s first day. If the employee’s first day is Monday, the third business day after Monday is Thursday.
- If an employer is regularly open for business on the weekend, then weekend days may be considered business days. Allow the employee to choose which employment verification documents they want to present. Do not demand specific documents.
- Employees can present EITHER a List A document, OR a combination of one List B and one List C document.
- If the document is reasonably genuine and relates to the person presenting it, you may accept it. Further investigation is not required.
- Make sure to properly record the document title, number, and expiration date of the List A, B, or C documents in Section 2 of the I-9.
- If you continue to employ someone who fails to present valid documents by the deadline, you can be subject to penalties and fines.
Supplement B:
- Supplement B must be completed when an employee’s work authorization is expiring. Deadline: No later than the date the employment authorization expires.
- Remind the employee of the deadline 90, 60 and 30 days before their work authorization expires.
- Allow the employee to choose which new employment verification documents they want to present. Do not demand specific documents.
- NEVER reverify US Citizens, Permanent Residents with a Green Card, or List B documents.
- Examine the documents to see if they appear to be genuine and related to the employee. Make sure to properly record the title, document number, and expiration dates of the new List A or C documents in the Supplement.
- Correctly sign and date the Supplement to complete.
- You CAN, but do not have to, complete Supplement B to record a name change for your employees.
- If you continue to employ someone who fails to present valid documents by the deadline, you can be subject to penalties and fines.
Best Practices
- Establish and implement a written policy and procedure for responding to No-Match letters and for maintaining records of their responses
- Apply the policy consistently to all employees to avoid claims of discrimination
- Never assume an employee with a reported mismatch is unauthorized to work
- Hire an experienced law firm to conduct a compliance evaluation
- Schedule a company-wide I-9 mock audit to ensure compliance
