Houston Requirements for Employee Verification

This diverse city is home to many industries and workers from all over the world. Immigration enforcement officials frequently conduct routine checks to ensure that employers are in compliance with all Houston requirements for employee verification. Knowing these requirements could help employers stay consistently compliant when hiring and managing immigrant employees. However, there are many aspects to consider, which could be daunting to keep track of when also trying to manage a business.

Regardless of whether your place of business hires people from other countries or not, every employer is responsible for verifying the identity and employment authorization of any individuals they hire for jobs in the United States. If you have questions about employee verification or need assistance, contact the dedicated I-9 compliance attorneys from Monty & Ramirez LLP today. Learn more about the specific requirements in place for employment verification and the potential penalties that could result from non-compliance and violations.

What Is Employee Verification?

Employee verification in Houston and nationwide is a federal requirement for all employers who are hiring people for jobs within the United States. The purpose of the verification process is to ascertain the identity of each employee and their authorization to work in this country. All employers must complete Form I-9, the Employment Eligibility Verification form, for every individual they hire to work, regardless of whether these employees are U.S. citizens, individuals who are permanent residents, or people who are citizens of another country and are only in the country on a temporary basis.

The potential employees and employers each have sections to complete on Form I-9. On the employee’s part, they must indicate that they have authorization to work in the United States. The verification process also requires them to present acceptable documents to the employer to demonstrate who they are and to show that they do have the required authorization.

The employer is responsible for examining these documents to see if they reasonably appear to be genuine and describe the employee. If so, they must record the document information on the employee’s section of Form I-9. Typically, the employer completes this inspection with original documents and in person, although certain authorized remote procedures are available.

Additional Requirements for Employee Verification

To avoid any compliance issues as an employer, keep in mind the following critical requirements for employee verification in Houston.

Form I-9

Employment Eligibility Form I-9 is a document that all employers and employees must complete in the U.S. to authorize work. This form identifies all workers and includes crucial details about them to confirm whether they are qualified to work as employees in the U.S.

Supporting Documentation for I-9s

There are additional documents that individuals may need to provide with their I-9 forms, including:

• A U.S. passport or passport card
• An Alien Registration Receipt Card or Permanent Resident Card
• An Employment Authorization Document (EAD) with a valid passport-style photograph
• A foreign passport with a temporary I-551 printed notation or stamp that a machine can read
• A foreign passport with Form I-94 or I-94A, along with an Arrival-Departure Record and an endorsement
• Receipts for damaged, lost, or stolen employment authorization documents
• Documents that establish identity, including a driver’s license or State ID, voter’s registration card, or U.S. military card

Both employers and employees should determine which documents apply to their specific employment situation and the I-9 document.

Background Checks

Some positions also need background checks for prospective employees that would look at the individual’s criminal record, employment history, and academic record.

E-Verify

Certain employers might also use E-Verify to confirm work authorization through electronic verification, which would go through U.S. Citizenship and Immigration Services (USCIS).

Data Privacy Adherence

Employers will need to comply with data privacy regulations when collecting and managing all employee data throughout employment verification.

Maintaining Employee Verification Records

For employee verification purposes, Houston employers must retain a completed Form I-9 for each person on their payroll. They must keep this form for three years after the date of hire, or for one year after the employee faces termination or leaves the company, whichever is later.

In the event of an inspection by government officials from the Department of Homeland Security, Department of Labor, or another department, employers must make these forms available. This does not just happen during federal raids; both ICE and the Department of Justice also conduct routine paperwork audits. If an employer cannot produce the required documents, a government official could issue civil penalties that escalate with each deficiency found. Consequently, it is essential that employers train their staff to properly retain and locate these forms when requested to avoid stiff penalties or a bigger audit.

Possible Penalties for Non-Compliance

There are multiple potential penalties that employers may face due to non-compliance, with more extensive penalties for employers who knowingly hire unauthorized employees. Imprisonment may also result in extreme cases when an employer habitually hires unauthorized employees or commits other egregious violations.

Fines can range from hundreds to thousands of dollars for each first-time I-9 paperwork violation, with fines increasing with subsequent offenses. Penalties can go into the tens of thousands if an employer knowingly hired or kept an unauthorized employee in the workforce.

Typically, U.S. Immigration and Customs Enforcement (ICE) is responsible for identifying and taking action when violations occur, potentially sending employers a Notice of Inspection (NOI) or a Notice of Intent to Fine (NIF), which employers may be able to respond to and contest.

With knowledge of the various employment verification requirements in Houston, employers may be able to effectively avoid these legal consequences, especially with the help of an attorney.

Work With a Lawyer to Handle Houston Employee Verification Requirements

If you are a new business trying to create a strong employee verification system, or if you are an existing employer who has realized that your processes need some improvement, it is smart to be proactive instead of waiting for an audit. By working to stay compliant with the Houston requirements for employee verification, employers will be able to avoid hefty fines and potential criminal charges that might otherwise result from hiring and continuing to employ unauthorized workers. Furthermore, these requirements are the same in every city throughout the United States, as Form I-9 and immigration compliance are governed by federal law.

A successful business needs to hire legal counsel before they receive a Notice of Inspection, especially if its workplace includes employees with many different types of work authorization. If you would like some help maintaining compliance with the various rules and regulations that apply to employment verification, consult a legal team who could guide you through the process step-by-step. Contact us at Monty & Ramirez, LLP, today.