Employment Eligibility Verification, E-Verify and Form I-9 Audits, and Compliance Proceedings

What are employment eligibility verification, E-Verify and Form I-9 audits and compliance proceedings?

Employers in Florida have specific responsibilities concerning employment eligibility verification, E-Verify, and Form I-9 audits and compliance proceedings. They must verify each employee’s identity and employment authorization by completing and retaining the Form I-9 according to federal guidelines. Furthermore, Florida employers must enroll in the E-Verify system, an electronic method to confirm the work eligibility of new hires.

An example of assisting employers with these responsibilities could involve providing guidance on properly completing Form I-9, ensuring accurate recordkeeping, and offering support during audits or compliance proceedings. Such guidance might include conducting internal audits, correcting errors, and preparing for potential U.S. Immigration and Customs Enforcement (ICE) inspections.

Need an immigration advocate? Schedule your consultation today with a top business immigration law attorney.

In Florida, which laws and regulations apply to employment eligibility verification, E-Verify and Form I-9 audits and compliance proceedings?

Several laws and regulations govern employment eligibility verification, E-Verify, and Form I-9 audits and compliance proceedings in Florida. The primary federal law is the Immigration Reform and Control Act (IRCA), which mandates the use of Form I-9 for verifying employment eligibility. Florida’s E-Verify requirement also stems from the Florida Statutes §448.095, which requires state employers and certain contractors to utilize E-Verify for new hires.

What are the strategic benefits of employment eligibility verification, E-Verify and Form I-9 audits and compliance proceedings?

Effective navigation of immigration law enables the following for businesses:

• Reduced risk of penalties: Ensuring compliance with Form I-9 requirements and E-Verify processes helps businesses avoid costly fines and sanctions imposed by federal and state authorities for non-compliance.
• Improved workforce stability: Proper employment eligibility verification ensures a legal and stable workforce, decreasing the likelihood of disruptions due to government investigations or unauthorized workers.
• Enhanced reputation: Compliance with employment eligibility laws demonstrates a commitment to ethical business practices and social responsibility, boosting a company’s reputation among clients, partners, and employees.
• Streamlined hiring process: A well-organized and efficient system for managing employment eligibility verification can save time and resources in the hiring process, enabling businesses to focus on recruiting and retaining the best talent.

When a set of facts is appropriate for legal intervention, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation or another form of specialized advocacy, please contact our office to set up your initial consultation.

What steps should counsel take to effectively handle employment eligibility verification, E-Verify and Form I-9 audits and compliance proceedings?

Advocates should consider the following:

• Develop a comprehensive compliance program: Counsel should work closely with employers to create a tailored program that addresses federal and state requirements for employment eligibility verification, E-Verify, and Form I-9. In addition, effective counsel can help establish procedures for completing, retaining, and updating Form I-9 and enrolling in and using E-Verify if required under Florida law or federal contracts.
• Train human resources personnel: It is crucial to provide thorough training for human resources staff and other individuals responsible for employment eligibility verification. This training should cover Form I-9 completion, retention, and updating, as well as E-Verify procedures and requirements.
• Conduct internal audits: Regular internal audits of Form I-9 and E-Verify records can help identify and correct potential issues before they lead to government investigations or penalties. Counsel should guide employers through these audits and recommend corrective actions as needed.
• Stay updated on changes in law and policy: Immigration laws and policies are subject to frequent changes at the federal and state levels. Counsel should stay informed about these developments and advise clients on any necessary adjustments to their compliance programs.
• Prepare for government investigations: In the event of a government audit or investigation, counsel should assist employers in gathering the necessary documentation, responding to requests for information, and negotiating with government officials to minimize penalties and disruptions to the business.

Please contact our office to set up your initial consultation to see what forms of immigration law advocacy may be available for your unique situation.

Frequently Asked Questions

1. What are the penalties for non-compliance with employment eligibility verification requirements in Florida?

Employers who fail to comply with the employment eligibility verification requirements may face civil and criminal penalties, including fines and potential imprisonment. Penalties can range from $250 to $10,000 per violation, depending on the severity and the employer’s history of non-compliance.

2. How long should employers retain Form I-9 records?

According to federal guidelines, employers must retain Form I-9 records for either three years after the date of hire or one year after the date of employment termination, whichever is later.

3. Can employers correct errors on Form I-9?

Yes, employers can correct errors on Form I-9 by drawing a line through the incorrect information, entering the correct information, and initialing and dating the correction. However, it is essential to maintain accurate records and promptly address any errors to ensure compliance.

Have more questions about how immigration law may impact your business?

Crucially, this overview of employment eligibility verification, E-Verify and Form I-9 audits and compliance proceedings does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.