The Immigration Reform and Control Act of 1986 forbids employers from knowingly hiring or continuing to employ anyone not authorized to work in the U.S. Employers must verify every employee’s identity and eligibility to work on Form I-9 and collect and retain certain documents as evidence. Did you know that at any time, the Department of Homeland Security, Department of Labor, or Department of Justice may require employers to present these documents for inspection? Employing people without knowledge of their immigration status is no waiver of responsibility. This obligation extends to individuals who are categorized as independent contractors but should have been designated as employees.
Auditing I-9 records is an essential best practice, but tricky. There are important guidelines for conducting an I-9 audit that both follows the law and ensures employers do not unwittingly violate their employees’ civil rights. At the Lynch Law Firm, we can perform an I-9 audit that adheres to every aspect of the law. Moreover, should there be any discrepancies, we can guide you in determining the best approach to resolve the issue legally and ethically. Our team includes a credentialed HR professional, an experienced employment attorney, an industrial psychologist, and a business strategist with the expertise you need to ensure your business is protected.