All employers must complete a Form I-9 for each employee verifying that he/she is legally authorized to work in the United States. The Ninth Circuit Court of Appeals recently upheld $172,000 in fines against an employer who failed to correctly complete the Form I-9. Ketchikan Drywall Services, Inc. v. Immigration and Customs Enforcement, 2013 WL 3988679 (2013)
Compliance with Form I-9 requirements is an essential business practice. As the ruling in this case demonstrates, employers cannot take complying with Form I-9 requirements lightly.
The Ninth Circuit’s decision provides a clear warning to employers that there are no defenses for anything short of full and complete compliance with the employment verification requirements for new hires and re-hires. This includes fully and properly completing the I-9 Form.
Ensure that you use the correct version of Form I-9. The USCIS recently published a new version of Form 1-9. Beginning May 7, 2013, employers must use only the new Form I-9 (Rev. 03/08/13 N). Previous versions will not be accepted.