I'm hiring a friend, do I still need to complete an I-9 form?
Due to the Immigration Reform and Control Act of 1986 (IRCA), it is every employer's responsibility to make sure that anyone they hire is authorized to work in the United States. To comply with this act, each employer must have all new employees complete an employment eligibility form called an I-9.
The law requires that employers keep the completed forms on file for all employees hired after November 6, 1986. It does not permit employers to selectively require the completion of the document based on race, creed, name or national origin (this means an employer cannot make only certain employees fill out the form, for example if they have "foreign" names).
There are significant penalties, criminal as well as civil, associated with the employment of unauthorized individuals.
Since the passage of this act, Federal Wage and Hour inspectors have been empowered to review I-9 forms. Any employer with a Wage and Hour audit can expect to have I-9s reviewed at the same time. The Office of Immigration and Wage and Hour have agreed to share this duty in an effort to obtain more widespread compliance with the law.
More information can be found by calling 1-800-357-2099. Written requests should be sent to the following address, attention Employer Relations Officer:
Office of Business Liaison
Room 2000
20 Massachusetts Avenue, NW
Washington, DC 20536
The publication to request is Handbook for Employers, Instructions for Completing Form I-9. This contains several copies of the I-9 Form, and includes a section with samples of acceptable proof of employment eligibility and proof of identity.
The Department of Immigration and Naturalization has at least one office in each state, and can be found in the phone book under "U.S. Government," or on the Web at uscis.gov.
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