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Speak with an Immigration Attorney  (216) 328-9878

Sharon & Kálnoki LLC

Immigration Attorneys

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I-9 Services

I-9 Audit

Every employer must verify the identity and authorization to work of every employee by completing an     I-9 for each new hire after November 6, 1986. 

Background:

  • Form and instructions can be found at: 
    • https://www.uscis.gov/system/files_force/files/form/i-9-paper-version.pdf
    • https://secure.i9.talx.com/Popups/Documents/I-9InstructionsNew.pdf
    • https://www.uscis.gov/i-9-central
  • Make sure you use the most recent form as it gets updated periodically.
  • Timeline: 
  • Common Mistakes: https://www.uscis.gov/i-9-central/complete-correct-form-i-9/common-mistakes-and-how-avoid-them

Guidelines:

  • As enforcement under the current Administration is on the rise, it is imperative to perform an audit of the I-9s on file.  First, be sure to weed through all I-9s and remove any from non-active employees. This will eliminate any issues with I-9s that do not require review.  Second, perform a self-audit or hire counsel to perform an audit. Randomly select a percentage of active I-9s and review for any errors. If the majority of the selection contain issues, it would be wise to audit all remaining I-9s.  Refer to the link above for common mistakes.
  • To correct the I-9s, simply single-line through any mistakes, correct, date and initial, and make a memo to the file indicating the changes that were made. Do not use white-out on the forms. 
  • Employers cannot discriminate against individuals. Therefore, you cannot require that employees use any particular document to satisfy the requirement. Instead, provide the list of acceptable documents for proof of identification and work eligibility.
  • Social Security numbers are not required for the I-9 unless the employer participates in E-Verify.
  • Both civil and criminal penalties can be imposed for I-9 paperwork violations, unlawful employment,  and discriminatory practices. The monetary penalties are adjusted periodically but range from a few hundred dollars to thousands of dollars, depending on the severity and frequency of the violations. Criminal sanctions can be imposed for a pattern or practice of unlawful employment. 

Sharon & Kálnoki LLC is available to perform Workforce Compliance/I-9 Audit Review.  Please feel free to contact our Office with any concerns/questions.

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Immigration, it’s what we do.

Sharon & Kálnoki LLC is a full service Cleveland-based immigration law practice. We offer representation for almost all immigrant and nonimmigrant processes to clients worldwide.

Phone: (216) 328-9878
Fax: (216) 328-9879
Email: info@visaskk.com

6500 Rockside Road, Suite 180
Independence, Ohio 44131

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This website is informational only. Information provided herein does not address any specific set of individual facts. Each immigration case is unique and nothing on this or associated pages, documents, forms, comments, e-mails, articles or other communication constitutes legal advice for any individual case or situation. Information provided on this site is not intended as a substitute for legal advice directed to a particular set of circumstances. Legal advice on specific, individual cases should be obtained from an experienced immigration attorney. In exchange for using this site to gather information, you agree not to hold any person involved in the preparation and presentation of this site responsible or liable, either directly or indirectly, for any damages whatsoever that may arise from the use, misuse, and/or reliance on anything contained within this site. Viewing or using information presented on this website is not privileged and does not create an attorney-client relationship. An attorney-client relationship will be created only upon the express agreement of the parties.

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