Birmingham I-9 Compliance Lawyer
Completing and storing a Form I-9 is a standardized part of the employee onboarding process for most companies in the state, especially those that work with foreign nationals. However, if the Department of Homeland Security (DHS) determines that your business violated federal laws related to I-9 regulations, the penalties may be substantial enough to seriously impact the future of your operation.
Ensuring that you follow all relevant regulations for I-9 forms can be more complicated and time-consuming than you might assume, so retaining an immigration attorney can be incredibly valuable. An experienced Birmingham I-9 compliance lawyer could help you understand what requirements you need to fulfill for each of your employees and work hard to resolve investigations by federal authorities into alleged breaches of immigration law.
What I-9 Requirements Apply to Companies in Birmingham?
Every local employer must have each new part-time or full-time employee they hire complete Section 1 of Form I-9 and provide documentation confirming their employment eligibility within three days of their start date. The employer must then fill out Section 2 of the form themselves and retain a physical copy of the document and associated identification paperwork for at least one year after the employee’s termination date. In other cases, the employer might need to renew the form after three years by collecting updated identification documents and completing out Section 3.
If DHS decides to audit a company’s I-9 records, the business in question must be able to present the necessary documents within three business days of receiving a Notice of Inspection. A knowledgeable attorney in Birmingham could provide additional information about complicated I-9 rules and offer guidance about complying with federal regulations.
What Happens If DHS Discovers an I-9 Violation?
An inspector could investigate two types of violations while reviewing a company’s compliance with I-9 regulations, one of which is substantially more severe than the other.
The less serious technical violation relates to an inadvertent procedural mistake such as a missing copy of an identifying document, a typographical error on a form, or failure to include information about a translator who helped an employee submit their authorization paperwork. Employers have ten business days to correct technical violations, and if they successfully do so within the time limit, they generally will not face any I-9 compliance penalties.
Meanwhile, substantive violations involve repeated failures to correct technical violations, failure to collect essential information about a new employee, or intentional breaches of federal regulation. Even a single substantive violation could result in steep financial penalties, and systemic offenses result in accumulated fines over time.
A resourceful lawyer in Birmingham could outline what federal inspectors look for when conducting compliance investigations and help mitigate the risk of I-9 violations.
Speak with a Birmingham I-9 Compliance Attorney Today
Following federal I-9 regulations may seem like a simple matter, but things can become complicated quickly if the Department of Homeland Security believes you breached an established law. Whether accidental or not, even a minor violation could lead to procedural and financial problems for your treasured business.
Fortunately, a seasoned Birmingham I-9 compliance lawyer could help you or your company avoid the consequences of a stressful federal audit. Call today to learn more about your options and get started on your case.