Immigration laws make it unlawful for a person or entity to hire or to recruit for a fee for employment in the United States an alien knowing the alien is an unauthorized alien. Employers that violate this prohibition may be subject to federal civil and criminal sanctions. By law, employers must take affirmative steps to verify an employee’s eligibility for employment. Employers are required to attest, under penalty of perjury, that the employer has taken steps to verify that the employee is not an unauthorized alien by examining documents that establish the individual’s identity and authorization to work in the United States.
Employers verify employees’ identity and work status on Form I-9. Unfortunately for employers, the federal government does not provide I-9 training and the instructions on how to complete the I-9 are more than 70 pages long. Although scant guidance is offered, the penalties for even innocent mistakes in completing an I-9 can be severe. Money penalties for paperwork violations have increased and now range from $252 to $2,507. Criminal penalties exist for knowingly hiring or continuing to employ unauthorized aliens.
As the stakes are high for the company...
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