Immigration for employers

I-9 and worksite compliance

Every U.S. employer must verify the identity and work authorization of every employee on Form I-9. We set up the process, audit the forms already on file and represent employers when the government inspects.

What we handle

Employers from a single location to several thousand employees across many states.

  • Internal I-9 audits

    Reviewing forms on file under privilege, and correcting what can be corrected the right way.

  • Policies and training

    Written procedures for hiring managers and the people who complete Section 2.

  • E-Verify

    Enrollment, use, tentative nonconfirmations and federal contractor requirements.

  • Reverification

    Tracking expiring work authorization and reverifying on time, without over-documenting.

  • Government inspections

    Notices of Inspection, the response, and negotiation of any penalties.

  • 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.

  1. Section 1 on the first day

    The employee completes Section 1 no later than the first day of work for pay.

    Who: the employee

  2. 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

  3. 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

  4. Reverify before expiration

    When temporary work authorization expires, the employer reverifies. Permanent resident cards and U.S. passports are never reverified.

    Who: the employer

  5. 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.

  • Audit

    An internal review

    Before anyone asks. We review the forms under privilege and fix problems in a way an inspector will accept.

  • E-Verify

    Enrollment or a contract clause

    When a federal contract or a state law requires it, or the employer chooses to enroll.

  • 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.

  • Audit

    Privileged audit of forms across nine restaurant locations, with a correction plan and training for each general manager.

  • Inspection

    Represented a construction contractor through a government inspection and negotiated a reduced penalty for paperwork errors.

  • Acquisition

    I-9 due diligence for a buyer acquiring a logistics company, and a plan for the first day under new ownership.

  • 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.

Concerned about your I-9 records?

Bring a sample of your forms and a description of how new hires are processed. If you have received a Notice of Inspection, call us the same day.