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I-9 Information

All U.S. employers are responsible for the completion and retention of the I-9 Form and the I-9 Checklist for each individual they hire for employment. This includes citizens and non-citizens. On the form, the employer must verify the employment eligibility and identity documents presented by the employee and record the document information.

Do not file Form I-9 with U.S. Immigrations and Customs Enforcement (ICE) or USCIS.

The I-9 Form must be kept by the employer for three years after the date of hire or for one year after employment is terminated, whichever is later. The form must be available for inspection by authorized U.S. Government officials (e.g., ICE, Department of Labor).

The Immigration Reform and control Act of 1986 (IRCA) makes it illegal to knowingly hire or continue to employ an alien not authorized to be employed in the U.S.

Requirements Under IRCA:

  • Employers cannot knowingly hire an alien who is not authorized to be employed in the U.S.
  • Employers cannot continue to employee an alien when it knows the alien is, or has become, unauthorized to work in the U.S.
  • Employers must comply with the rules of the employment eligibility verification (Form I-9)

Who Is Not Considered An Employee?

  •   Casual domestic workers
  •   Independent contractors

Enforcement

There are several kinds of violations. Penalties Include Civil and Criminal Sanctions and are as follows:

Failure to properly comply with I-9 completion and retention rules

  • Each Offense: $110 - $ 1,100 per violation

 Knowingly hire or continue to employ an unauthorized worker

  • First Offense: $275- $2,200 per unauthorized employee
  • Second Offense: $2,200 - $ 5,500 per unauthorized employee
  • Third Offense: $3,300 - $11,000 per unauthorized employee

 Engaging in a patter or practice of IRCA violations

  • $3,000 fine and/or six months imprisonment per employee

 Engaging in fraud or false statement, misusing visas

  • Fine and/or 5 year imprisonment

 Hiring violations

  • Loss of Federal contracts
  • Placed on the "List of Parties Excluded form Federal Procurement and Non-Procurement Programs"
  • Inability to apply for federal contracts/grants for at least a year

I-9 training opportunities at Penn State are offered several times throughout the year by International Scholars & Faculty Visa Services in conjunction with the Human Resource Development Center.

It is also possible to schedule I-9 training for your specific college or unit.

Please contact Michele Barosh for details.

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