What happens if I properly complete a Form I-9 and INS discovers that my employee is not actually authorized to work?
You cannot be charged with a verification violation. You will also have a good faith defense against the imposition of employer sanctions penalties for knowingly hiring an unauthorized alien, unless the government can show you had actual knowledge of the unauthorized status of the employee, if you have done the following: • Ensured that employees fully and properly completed Section 1 of the I-9 at the time employment began; • Reviewed the required documents which should have reasonably appeared to have been genuine and to have related to the person presenting them; • Fully and properly completed Section 2 of the I-9, and signed and dated the employer certification; • Retained the I-9 for the required period of time; and • Made the I-9 available upon request to an INS, DOL, or OSC officer.
