Employer I-9 Compliance in San Jose
Providing Assistance with Auditing & E-Verify Matters
I-9 verification is a federally mandated process used to verify the identity
and employment authorization of individuals hired for employment in the
United States. The law governing the I-9 compliance, commonly known as
the employer sanction law, was added by the Immigration Reform and Control
Act of 1986 (IRCA) and can be found in Section 274A of the Immigration
and Nationality Act (INA). The San Jose immigration attorney and team
at Verma Law Firm have
more than 20 years of experience in the field, and we are here to assist you.
The purpose of the employer sanction law is to eliminate the incentive
of illegal immigration by requiring employers to hire only individuals
who can legally work in the United States. Form I-9 is used to verify
an individual’s eligibility to work in the United States. All U.S.
employers must ensure proper completion of Form I-9 for each individual
they hire for employment in the United States, including U.S. citizens
Understanding the Rules of Employer Compliance
The employee must complete Section 1 of Form I-9 by the first day of employment.
From there, the employers must complete Section 2 and examine identity
and employment authorization documents Lists of Acceptable Documents within
three business days of the commencement of employment.
The employers must physically examine:
- One document from List A (documents that establish both identity and employment
- One document from List C (documents that establish employment authorization).
If List A documents are unavailable, the employers must physically examine
a combination of one document from List B (documents that establish identity).
The step-by-step instruction on filling out a Form I-9 can be found on
USCIS website at
http://www.uscis.gov/i-9. USCIS has also published an article about common mistakes in completing
Form I-9 and how to avoid them. The article can be found
here for your convenience.
I-9 Compliance and Administrative Audit
Set up a Consultation with an Attorney
Ensuring diligent compliance with I-9 verification is critical, as an employer
can be fined or sanctioned, or even criminally prosecuted for knowingly
or unknowingly hiring an alien who is not authorized for employment. Our
team at Verma Law Firm can assist employers with I-9 compliance as well
as audit preparations. If you need assistance or more information relating
to I-9, please contact us at (408) 560-4622 to set up a