Employer Guidance for Identifying Invalid or Fraudulent I-9 Documents

Most employers are dedicated to following the federal guidelines established by the Immigration Reform and Control Act of 1986. However, it may be difficult for your HR personnel to spot examples of counterfeit paperwork a prospective employee provided during the hiring process.

If you believe this scenario could be happening at your company right now, it is essential to keep reading. Take advantage of this employer guidance for identifying invalid or fraudulent I-9 documents from the skilled immigration attorneys at Monty & Ramirez LLP.

Key Indicators of Fraudulent or Invalid I-9 Documents

Tampering with a document is a key indicator of invalid or fraudulent paperwork. Evidence of alterations may include sections with a different font, signs of cutting or pasting, and blurry photos that do not match the applicant’s appearance. A lack of security features, such as holograms and embossed seals, an expired work authorization or other identifying documents, and damaged laminates may also be indicators of a prospective employee’s attempts to commit fraud.

Your HR staff should also be diligent and check for inconsistent information, such as different names or birthdates on identification, mismatched document numbers, and incorrectly spelled words on official documents, such as a Social Security card. If you are still unsure, you could reference visual examples of fraudulent I-9 documents online with the U.S. Citizenship and Immigration Services’ Handbook. However, the best option may be to bring the paperwork to our attorneys directly for assistance in an effort to avoid a potential investigation. We could guide an employer on determining if an I-9 document is invalid or fraudulent.

What Are Your I-9 Responsibilities as an Employer?

As an employer, you have a responsibility to verify a new hire’s identity and work eligibility by examining their documents. If the paperwork reasonably appears genuine, you must accept it as valid, even if the documents are not perfect.

Your HR staff cannot discriminate against a new hire by requesting additional or specific documents. Their duty is to simply verify what information they do receive. However, if you have objective doubts about the authenticity of a document your company receives, you are entitled to reject such documents. Our attorneys could further explain what an employer should do after discovering an invalid or fraudulent I-9 document.

Seek Employer Guidance for Determining if an I-9 Document Is Invalid or Fraudulent

Now that you have a fundamental understanding of Employer guidance for identifying invalid or fraudulent I-9 documents, reach out to the knowledgeable immigration attorneys at Monty & Ramirez LLP for additional employer guidance. Whether your business is located in Houston or Dallas, we have an office nearby to serve you. Let us help you navigate complex U.S. immigration laws by ensuring hiring compliance and representing you in a government investigation or audit, if necessary.

Contact us today.