FORM I-9 (or a copy thereof) must be completed within 3 business days for anyone hired after May 31, 1987. Form I-9 does not need to be completed for:

* Any person hired before November 7, 1986, and penalties and requirements in the law do not apply to any person hired before November 7, 1986, or

Any person employed for domestic work in a private home on an intermittent or sporadic basis, or

Any person who provides labor as an employee of a contractor or a person who is a truly independent contractor (a narrow definition of “independent” is stringently applied).

Employers can comply with the verification requirements of Form I-9 if a document “reasonably appears on its face to be genuine.” Employers are authorized, but not required, to make copies of the documents examined.

EMPLOYER VIOLATION – Hiring or continuing to employ unauthorized employees.

1st Violation – A fine of no less than $375 and no more than $3,200 for each unauthorized employee where the offense occurred after March 27, 2008.

2nd Violation – A fine of not less than $3,200 and no more than $6,500 for each unauthorized employee where the second offense was after March 27, 2008.

Subsequent Offenses – A fine of not less than $4,300 and no more than $16,000.

For more detailed information, employers should refer to the Handbook for Employers here [PDF File].