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So my company has been in existence for a few years. We use

 
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  • Answered by:Business Imm Law
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Customer Question

So my company has been in existence for a few years. We use a mix of contract labor and employees. I have not formally had staff complete I-9 forms (just found out about them). But we do background checks through SentryLink therefore we have verification of their SS# XXXXX we use their DL # XXXXX well for ID for background checks.
So my question is...Do I have to go back and have all my staff complete I-9 forms now? Are there penalties that I may be exposed to out of my ignorance of the I-9?

 

Optional Information:
State/Country relating to question: Tennessee

Submitted: 334 days and 6 hours ago.
Category: Immigration Law
Value: $24
Status: CLOSED
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Expert:  Business Imm Law replied 334 days and 6 hours ago.

Hello, welcome to JustAnswer, my name is Judith. Thank you for this opportunity to answer your questions.

Yes, you must have an I-9 on each and every employer.

You cannot back date them.



There are civil and
criminal penalties for hiring illegal aliens. Sec. 274A of the Immigration and
Nationality Act (INA) and 8 U.S.C. 1324a, makes it unlawful for any person
knowingly to hire, recruit or refer for a fee any alien not authorized to work.
An employer that violates these laws can face penalties of:


  • $2000 to $5,000 fine for each unauthorized
    individual;

  • $2,000 to $5,000 for each employee if the
    employer has previously been in violation; or

  • Two (2) strikes and the employer is out



The employer could also be fined $1000 to $25,000 for each individual "paperwork"
violation.



The criminal penalties
for a pattern and practice violation is $15,000 for each unauthorized alien,
imprisonment of not less than one year, or both.



Judith



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Customer replied 334 days and 6 hours ago.

You said..."Yes, you must have an I-9 on each and every employer." You mean EMPLOYEE...correct?

I wasn't thinking of back dating...I just wanted clarification that I should go ahead and get all my staff to complete an I-9 now that I know it must be done.

Fortunately, I am 100% sure all my staff are US citizens and eligible to work. Just hate I didn't know of the requirement to complete the I-9.

Thanks

Accepted Answer

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Expert:  Business Imm Law replied 334 days and 6 hours ago.

You have to have an I-9 for each and every person on staff that you cut a pay check for.

Judith



If I answered your
question please leave positive feedback, if I earned a BONUS, it is appreciated.

Please feel free to ask me
another question with a new thread - if you're a subscriber, you can do so at
no additional cost beyond your monthly payment. You can bookmark my profile
page here so you can come back and ask me a question anytime: http://www.justanswer.com/law/expert-askimmigrationlaw/



If you want to
request me in the future start your question "FOR JUDITH" and I will answer
quickly.





Expert TypeImmigration Lawyer
Category: Immigration Law
Pos. Feedback: 98.1 %
Accepts: 20463
Answered: 5/13/2012

Experience: 33 yrs attorney on all nonimmigrant & immigrant visas

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