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Common I-9 Mistakes: The Form that Could Put Your Restaurant at Risk

As any business owner would know, big and small, there is always paperwork that needs to be done. Completing forms can be a tedious task and with a demanding business to run, keeping on-top of it even more arduous. However, with the Dept. of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) announcing their intention to increase worksite enforcement of U.S. immigration laws, the I-9 form is one piece of paperwork you definitely need to have in order.

Nationwide, ICE worksite enforcement jumped more than threefold in the first nine months of FY 2018. In their 2020 budget, Homeland Security has called for an additional $313.9 million for the hiring of an additional 1,000 officers and more than 600 supporting personnel. With that in mind, now more than ever, businesses in the food service industry need to focus on correctly managing their I-9 forms – managing being a significant keyword. There is a misconception that I-9 forms solely focus on routing out those who employ illegal workers – while that is technically what the form is all about, an employer can have a 100% legal-to-employ workforce but can incur big fines for paperwork violations!

What are we talking about? A single Dayton area restaurant was fined more than $20,000 for failing to comply with Form I-9 verification requirements and in Michigan, Abercrombie and Fitch paid more than $1 million in fines for paperwork errors, with no allegation of unauthorized employment. Current fines for paperwork violations range from $224 minimum to $2,236 maximum per violation. Even typos or mistakenly entering the wrong date of birth may be found to be a paper violation. Likewise, fines for violations when an employer knowingly hired ineligible workers range from $559 to $4,473 per violation.

Basically, even though it is only a two-page form, there’s a lot more to the I-9 than filling it in, filling it away and thinking that you’ve completely your legal duty. Without rock-solid HR policies and well-trained staff handling I-9 employment verification, it can cost employers time, money, and a lot of unnecessary headaches. So, what are some of the most common Form I-9 errors that you need to know about?

With the Form I-9 it can seem like there is lot of paperwork and details to worry about but if you establish a rigorous system for managing your forms to ensure you are compliant you’ll have a lot less to worry about. Such as;

Basically, when it comes to the Form I-9, now more than ever, when you hire new employees, take time and be conscientious about the I-9 form process—your business will be better off in the long run.

FYI: The current I-9 form can be found on the official USCIS website – all three pages of the form, the supplement (if you need it), as well as the 15 pages of instructions. You also have the option to use a tool called E-Verify which allows you to verify an employee’s work eligibility online. E-Verify electronically matches information provided by your employee on their I-9 form against records from the Social Security Administration and the DHS. Using this tool is free and completely voluntary, so it’s good to know that you have the option to use it.