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What you need to know about I-9s

March 2020 employment law letter
Authors: 
Bonnie J. Thomas, Steptoe & Johnson PLLC

Companies are looking to employ a talented and diverse workforce to meet the needs of a growing and rapidly changing world. The process of getting the proper authorizations, completing the proper paperwork, and staying up-to-date on the documentation, however, is an ever-changing and ever-challenging endeavor. Employers may be hesitant because of the growing number of audits or unfamiliar landscape, but knowing the basics can go a long way.

Costs of noncompliance

Lack of compliance with I-9 requirements is a growing concern and cost to employers. In 2019, penalties for Form I-9 violations increased at the same time I-9 audits more than doubled (with an aim to quadruple the number of audits performed in 2017). And the focus doesn't appear to be shifting in 2020.

Employers can complete paper or electronic I-9s or finish verification through E-Verify. Effective in 2019, violations for paperwork errors alone range from $230 to $2,292 each. The number becomes more concerning for employers with the knowledge that 60 to 80 percent of paper I-9s include errors.

Violations for knowingly hiring and continuing to employ an individual who isn't authorized to work in the United States comes with a price tag of $573 for the first offense to a maximum of $22,927 for the third offense—which can add up quickly even within a single audit. The costs, when added to the staggering increase in I-9 audits, make it easy to see why an employer's awareness of I-9 best practices is necessary. Although compliance can be tricky, it can also be accomplished with the following three key goals.

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