What we handle
Employers from a single location to several thousand employees across many states.
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Internal I-9 audits
Reviewing forms on file under privilege, and correcting what can be corrected the right way.
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Policies and training
Written procedures for hiring managers and the people who complete Section 2.
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E-Verify
Enrollment, use, tentative nonconfirmations and federal contractor requirements.
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Reverification
Tracking expiring work authorization and reverifying on time, without over-documenting.
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Government inspections
Notices of Inspection, the response, and negotiation of any penalties.
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Mergers and acquisitions
I-9 due diligence, and whether to keep the seller’s forms or complete new ones.
How Form I-9 works
Five steps for every employee hired since Nov. 6, 1986.
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Section 1 on the first day
The employee completes Section 1 no later than the first day of work for pay.
Who: the employee
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Section 2 within three business days
The employer examines original documents the employee chooses from the Lists of Acceptable Documents and completes Section 2.
Who: the employer
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E-Verify, if enrolled
Employers enrolled in E-Verify create a case for each new hire, usually by the third business day.
Who: the employer
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Reverify before expiration
When temporary work authorization expires, the employer reverifies. Permanent resident cards and U.S. passports are never reverified.
Who: the employer
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Retain the form
Keep each form for three years after the hire date or one year after employment ends, whichever is later.
Who: the employer
Three ways compliance work starts
Most employers come to us at one of these points.
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Audit
An internal review
Before anyone asks. We review the forms under privilege and fix problems in a way an inspector will accept.
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E-Verify
Enrollment or a contract clause
When a federal contract or a state law requires it, or the employer chooses to enroll.
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Inspection
A Notice of Inspection
The employer usually has three business days to produce its forms. We prepare the production and speak for the company.
Representative matters
A few recent compliance matters, described without client names.
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Audit
Privileged audit of forms across nine restaurant locations, with a correction plan and training for each general manager.
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Inspection
Represented a construction contractor through a government inspection and negotiated a reduced penalty for paperwork errors.
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Acquisition
I-9 due diligence for a buyer acquiring a logistics company, and a plan for the first day under new ownership.
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E-Verify
Set up E-Verify for a federal subcontractor and trained its staff on tentative nonconfirmations.
Attorney advertising. Prior results do not guarantee a similar outcome. Every case turns on its own facts.
Common questions
Can we photocopy the documents employees show us?
You may, but if you copy for some employees you should copy for all. Copies do not replace a properly completed form.
Do we need to complete new forms after an acquisition?
Not always. The buyer can treat the seller’s employees as continuing in employment and keep their forms, but inherits any errors in them.
Can documents be examined remotely?
Employers enrolled in E-Verify and in good standing may use the alternative procedure the Department of Homeland Security has authorized. Others must examine documents in person.