In this video, Carl Shusterman, a former INS Attorney (1976-82) who has assisted many employers in complying with I-9 audits over the past 25 years, provides advice to employers seeking to comply with both I-9 and complex immigration anti-discrimination and document abuse laws.
Employers are required to complete an I-9 form for every person they hire and to update these forms when necessary. Periodically, the DHS, the Department of Labor, and the Justice Department send Notices of Inspection to employers to audit their I-9 forms. If the I-9 forms are not completed correctly, an employer may be fined even if all their employees are legally authorized to work in the U.S. Large employers like Walmart and Abercrombie and Fitch have had to pay fines of $1 million or more. Many thousands of employers have had to pay lesser amounts.
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If the government finds that certain employees are not authorized to work for the employer, they must be terminated. In addition, if there is a finding that the employer had either actual or “constructive” knowledge that undocumented workers were employed, the government may impose civil fines and/or criminal penalties on the employer.
We hope that our video answers many of your questions about the process.
Additional information is available on Part II of this video.
Employers may also wish to read Mr. Shusterman’s article “I-9 Audits: 7 Tips for Employers”
