All United States business owners must have their employees complete an I-9 form and the business owner must retain a copy of this completed I-9 form. The business owner must keep this I-9 Form for either three years after the date of hire or for one year after the employment ends, whichever occurs later.
This form requires business owners to examine the employee’s eligibility to work in the United States and identify documents the employee presents to see if the documents reasonably appear to be genuine and relate to the employee.
Effective as of January 1, 2017, the employer cannot state to the employee which documents to bring in for the I-9 form for verification. The business owner must provide the list of documents to the employee and the employee can chose which documents he or she wants to bring in for verification.
The penalty for noncompliance with this new law is a $10,000 penalty, per occurrence. Merely demanding the employee to bring in their passport for verification, can be considered a violation.
If you would like a copy of the IRS I-9 form, email me at Cindy@HacklerFlynnLaw.com and I’ll send you a copy of the form.