I-9 compliance is crucial for all employers, but especially employers in border states like Texas. Texas employers may face additional scrutiny from immigration authorities as to whether I-9 forms were submitted for all new hires in a timely manner and if it was confirmed for each employee that they are eligible to work in the United States.
Staying updated with these I-9 compliance requirements is essential for Texas employers to avoid penalties and ensure they meet federal and state scrutiny standards. We will continue to explore effective strategies for navigating the complexities of employee verification under these new regulations.
Form I-9 must be filled out by new hires right away. The employee must complete Section 1 no later than the first day that they work for pay.
You, the employer, complete Section 2 within the third business day that the employee works for pay, after requesting documents from the employee that prove both their identity and that they are eligible to work in the US regardless of their citizenship or residency.
This entails one document from List A, which includes US passports and permanent resident cards, or one document each from Lists B and C, such as the most common combination of a driver's license plus a Social Security card.
As of August 1, 2023, employers enrolled in E-Verify can now use an alternative method for virtually examining I-9 documents instead of inspecting them in person. A new version of Form I-9 was also introduced in November 2023, Rev. 08/01/23, to verify new hires or to re-verify existing employees. Failing to do so may result in penalties.
Texas employers who fail to comply with I-9 regulations might face penalties. The employment verification process determines whether employees are authorized to work in the United States. U.S. Residents and citizens can easily transition between employers, but nonresidents who overstay their visas or have a visa linked to a specific employer or educational institution may not be eligible to work for you. Consequently, you might need to sponsor a visa for that worker to obtain the necessary authorization required.
You may need to consult an immigration attorney if you are unsure about the visa and sponsorship requirements for workers without a valid Social Security number or identification. If you are unable or unwilling to sponsor a new hire who lacks any of the documents described in Form I-9, there may be civil penalties if you knowingly hire a worker who is not authorized to work US.
Conversely, it is illegal to discriminate against potential employees based on their immigration status, even if you prefer to hire U.S. citizens who can more readily provide the necessary documents to verify an I-9 form successfully. There may be severe criminal penalties for repeatedly recruiting, hiring or referring unauthorized workers.
Electronic employee onboarding will go significantly faster than in-person investigations and manual document checks. Our iSolved platform can check ID numbers and cross-reference immigration authorities to verify that those agencies issued the documents provided and point out discrepancies immediately. If there is a mismatch in the I-9 verification process or E-Verify, the new hire will have a chance to rectify it.
While this process can weed out unauthorized workers using fake IDs, people may change their names or have multiple names connected to a Social Security number because of marriage, divorce, identity theft, and other reasons. Electronic verification makes initial processing and rebuttals move through USCIS much faster.
iSolved can expedite the verification process and ensure that I-9 forms are correctly filled out by both the employee and employer to affirm that they are accurate and your firm is in compliance.
Immigration enforcement is expected to ramp up with the current administration. While individual workers are being targeted more than employers, Texas employers and firms in other border states may be subject to more frequent investigations and audits by immigration authorities.
Instituting compliance procedures and speeding up the verification process as much as possible can minimize your risk of steep civil penalties from USCIS. It is also crucial to form a robust recordkeeping system to keep I-9s for the recommended timeframe in the event of an immigration audit, and stay up to date on the latest legislative changes. Consult an immigration attorney when necessary if you have a very complex situation or rely heavily on immigrant labor.
Our HCM software addresses bottlenecks in the employment verification process, ensuring that your new hires can work in the US legally. Ensure compliance – Learn how Affiliated HR & Payroll's onboarding solutions streamline your I-9 procedures. Reach out to us today!