Skip Navigation

6310 Hillside Court
Suite 160
Columbia, MD 21046

P. 410-290-0707

 

 

Baltimore, MD 

P. 410-962-1199

Employers Required to Use Updated I-9 or Face Penalties

As of May 7, 2013, all employers are required to use the new I-9 form found here: http://www.uscis.gov/files/form/i-9.pdf .   The form was updated by the U.S. Citizenship and Immigration Services in March of 2013.  The updates to the form include creating clearer instructions, adding new data fields and revising its layout. 

An I-9 form is required for all employers to verify employee identity and eligibility to work in the United States.   An I-9 form must be filled out for every employee that is hired to perform work in the United States, whether or not they are a United States citizen.  Any employer who fails to use the updated form will be subject to the same penalties as an employer who fails to use an I-9 form all together would.   The minimum civil penalty for the failure to complete, retain, or make available for inspection an I-9 form is $110 per violation, with the maximum civil penalty being $1,100 per violation.   The amount of the penalty is determined by the Department of Homeland Security by considering the following:  the size of the employer, the good faith attempts of the employer to comply, the seriousness of the violation, whether or not the individual was an unauthorized alien, and the history of previous violations by the employer.

Employers are not required to update I-9 forms for employees who were hired and properly completed the old I-9 form prior to May 7, 2013.  Although, any employee who needs to be re-verified must be re-verified using the new form.

Employers must retain, and when requested make available to the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor, all I-9 forms, either in paper, microfiche, microfilm or electronically for a period of time.    If an employer is recruiting or referring an individual to another employer for a fee (i.e. staffing agency) the forms must be kept for a period of three years after the date of the referral.  If an employer hires an individual the form must be kept for the greater of three years after the date of hiring or one year after date that the employment is terminated.

BTLG Attorneys At Law

Talk to a lawyer

Bold labels are required.

News from BTLG:

Expansion of Definition of Race to Include Hairstyles
Effective October 1, 2020, the definition of race under Maryland discrimination laws has been expanded to also include hair styles
Maryland Economic Stabilization Act (“Mini Warn Law”)
Effective October 1, 2020, Maryland employers who employee 50 or more individuals are required to comply with updated mandatory provisions of the Maryland Economic Stabilization Act (“Mini Warn Law”)
Insurance Coverages for Businesses: Will your insurance cover you for a coronavirus-related loss?
Some insurance policies may allow for claims on coronavirus related losses
Maryland closes restaurants, gyms and theaters
Maryland Governor Hogan issued an Executive Order with further direct impact to Maryland business
More BTLG News