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When completing Form I-9, Employment Eligibility Verification, you, as the employer, must make the complete instructions to the form and the Lists of Acceptable Documents available to newly hired employees. Your employees must complete and sign Section 1 of Form I-9 no later than their first day of employment.
I-9 audits can have consequences for employers who fail to comply with the law. Fines and penalties for failed I-9 audits can run into the tens of thousands of dollars, and repeated willful violations of the law could even lead to criminal prosecution in rare cases.
During the audit process, I-9 forms will be matched up against the current roster of employees to check for any discrepancies. If an I-9 is not present for an employee, make best efforts to obtain one as soon as possible. In an I-9 audit, accuracy is key.
I-9 audits can have consequences for employers who fail to comply with the law. Fines and penalties for failed I-9 audits can run into the tens of thousands of dollars, and repeated willful violations of the law could even lead to criminal prosecution in rare cases.
Historically, the biggest confusion surrounding this three-day time frame was determining what is a business day? Employers that operate Monday through Friday are not required to count weekends, but employers that regularly operate on weekends and holidays must include all days in counting to three.
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If the new hire does not present acceptable identification documents by the end of three business days after the first day of work for pay, you may terminate the employee for failing to complete the I-9 form.
While not required by law, an employer may conduct an internal audit of Forms I-9 to ensure ongoing compliance with the employer sanctions provision of the INA. An employer may choose to review all Forms I- 9 or a sample of Forms I-9 selected based on neutral and non-discriminatory criteria.
Employers must complete and sign Section 2 of Form I-9, Employment Eligibility Verification, within 3 business days of the date of hire of their employee (the hire date means the first day of work for pay).
Nearly 6,000 employers were I-9 audited in 2018, and some expect that number to shake out closer to 10,000 when the figures come in on 2020. $14 Million in fines were issued in 2019 for Form I-9 violations. The average penalty per a single non-compliant I-9 is $1,862.
Employees who cannot produce documentation to complete the Form I-9 within three days of hire must not work or be paid. If documentation is not produced by the end of the third day, employees must not be permitted to work.

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