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?
State/Country relating to question: Tennessee
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 andcriminal penalties for hiring illegal aliens. Sec. 274A of the Immigration andNationality Act (INA) and 8 U.S.C. 1324a, makes it unlawful for any personknowingly to hire, recruit or refer for a fee any alien not authorized to work.An employer that violates these laws can face penalties of:
The employer could also be fined $1000 to $25,000 for each individual "paperwork"violation.
The criminal penaltiesfor a pattern and practice violation is $15,000 for each unauthorized alien,imprisonment of not less than one year, or both.
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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
You have to have an I-9 for each and every person on staff that you cut a pay check for.
33 yrs attorney on all nonimmigrant & immigrant visas
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