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I-9 Compliance

Stay ahead of the game with I-9 compliance. Safeguard your business with top-notch legal expertise.
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Stay Secure: Why I-9 Compliance is Vital for Your Business

I-9 compliance is more of a safety shield for your business than a legal obligation. It is a safety net that ensures your employees are legally authorized to work in the US. Being I-9 compliant is a significant responsibility for all big and small organizations in the US, and even the slightest evidence of non-compliance can end in legal complications, penalties, and damage to the organization’s reputation.

Employers can find constantly evolving immigration laws and employment verification procedures challenging. This is where investing in legal consultation services can make a difference.

The Law Offices of Mary Kennedy specializes in offering expert guidance on I-9 compliance and assisting businesses in navigating the complexities of federal requirements. We take you through every step- from completing your forms accurately to storing and managing them. We provide tailored support whether you require assistance with initial compliance or are addressing an I-9 audit. Our goal is to streamline the process, safeguard your business, and allow you to concentrate on your core operations.

I-9 Compliance: Eligibility Criteria

To be I-9 compliant, employers and employees must meet the following eligibility criteria:

Employer Obligation

I-9 compliance for employees is a mandatory obligation for all US employers, irrespective of the size and type of organization.

Employee Coverage

Form I-9 must be filed for all employees (US citizens and non-citizens) hired after November 6, 1996.

Employment Type

I-9 requirements apply to all full-time, seasonal, part-time, and temporary employees.

Prompt Completion

Form I-9 must be completed and submitted within three business days of the employee’s first day of work or on the first day if the job is expected to last less than three days.

Retention Requirements

All employers must retain I-9 forms for all existing employees. I-9 should also be retained for terminated employees three years after the hire date or one year after termination, whichever is later.

Reverification Process

Employers must verify employees’ work authorization before it expires.

Independent Contractor Exemption

Genuine individual contractors and their employees are exempt from filling out Form I-9.

U.S. Work Location

The I-9 applies only to individuals physically present and working in the US.

Compliance Maintenance

Employers need to keep up with updates to I-9 regulations and adjust their procedures as necessary.

Lock in Your I-9 Compliance

Do not take risks with your I-9 compliance. Approach our lawyers for the proper guidance to protect your organization.
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I-9 Compliance: Required Documents

I-9 compliance requires a specific set of documents. Employers must take extra care to ensure their authenticity and relatability to the person submitting them. Here’s what you need to collect:

Documents Establishing Identity and Employment Authorization

  • Your US passport or passport card
  • Foreign passport with Form I-94 or Form I-94A
  • Employment Authorization Document (EAD) or Form I-766 with photo
  • Permanent Resident Card or, Alien Resignation Receipt Card, or Form I-551

Documents To Establish Identity Only

  • US military card or draft record
  • School ID card with photo
  • Federal, state, and local government-issued ID cards
  • Driver’s license or ID card issued by a state or outlying possession of the U.S.

Documents to Establish Employment Authorization Only

  • EAD issued by the Department of Homeland Security (DHS)
  • Birth Certificate issued by a US state, country, or municipal authority
  • Form DS-1350 or Certification of Report of Birth
  • Social Security account number card (unless stated invalid for employment)

Client Testimonials

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I-9 Compliance: The Benefits

Being I-9 compliant delivers a host of benefits for you and your organization. The perks include:

Minimal business risks

Full legal protection

Better audit readiness

More trust amongst employees

Enhanced recruitment processes

Better reputation amongst your clients

Better risk management

Better competitive edge in the market

I-9 Compliance: Additional Details

Can I complete Form I-9 electronically?

As long as you comply with the specified requirements, it is permissible to electronically complete and store your Form I-9. The electronic system must have controls to guarantee the integrity, accuracy, and reliability of the electronic storage system.

What should I do if the ICE sends a Notice of Inspection?

Please remember that you have three business days to present your I-9 forms after you receive a Notice of Inspection. You should also reach out to our immigration attorneys, who will assist you in the process and prepare you for the inspection.

How should I proceed if my employee’s work authorization is nearing expiration?

It is pertinent to verify the employee’s work authorization before it expires. Use Section 3 of Form I-9 or complete a new Form I-9 if Section 3 has already been used.