FAQ
1. What is the Form I-9 and why do I need it?
The Immigration Reform and Control Act (I.R.C.A.) requires all U.S. employers to verify all their employees are legally allowed to work in the U.S. This verification is done via the Department of Homeland Security Employment Eligibility Verification Form (known as the Form I-9).
2. What does 'Employment Eligibility' mean?
Employment Eligibility is the term used by the U.S. government to describe the process of determining if a employee/worker being hired has a legal right to work. In other words, proving an employee's Employment Eligibility will show that they are not an Illegal Immigrant, and will allow your company to operate within U.S. Immigration law.
3. I already run background checks on my new hires, is that the same thing as employment verification?
A background check with a Social Security Number will only show whether or not that Social Security Number is a valid number. It absolutely does not prove whether or not the employee is Work Authorized in the United States. Only an Employment Eligibility Verification check through NAVICUS can determine Work Authorization status.
4. Is the Form I-9 important to small business owners like myself?
Every U.S. employer must complete a Form I-9 for each and every employee they hire, no matter how many employees they hire.
5. What are the chances I'll be targeted for a Form I-9 audit?
You may think only the big guys get targeted for Audits. The truth is, “ICE” has significantly increased its reach and has asked congress for $1.9 billion to increase the scope of investigations of the enforcement arm, or in other words, increase audits. The number of individuals arrested on administrative immigration violations in work site enforcement cases has grown from 485 in 2002, the last full year under the old INS, to 3,667 during 2006 under ICE.
6. How much can it cost my business if I don't fill out my Form I-9s correctly?
Penalties range from $275 to $11,000 depending on the number of offenses and the date the employee was hired. Keep in mind these penalties are not just limited to employees, but also covers contract employees known to be unauthorized to work in the U.S.
7. What government agencies are affiliated with the Form I-9 and how can I contact them?
Click each agencies link to view their contact information:
• U.S. Citizenship and Immigration Services
• Department of Homeland Security
• U.S. Immigration and Customs Enforcement
8. I.R.C.A., I.N.S., D.H.S... What do all of these abbreviations stand for?
• I.R.C.A. = Immigration Reform and Control Act (of 1986)
• I.N.S. = Immigration and Naturalization Service
• D.H.S. = Department of Homeland Security
• I.C.E. = Immigration and Custom's Enforcement
• C.A.P. = Criminal Alien Program
• N.F.O.P. = National Fugitive Operations Program
• I.B.F.U. = Identity and Benefit Fraud
9. Why is Navicus better than a Paper Based or E-Verify Program?
The government's E-Verify Program only cross checks social security numbers with the government database and the department of homeland security. It does not protect you from costly government audit procedures, validate your form information, and can take months to integrate into your HR hiring procedures. Also, when you're done using the E-Verify Program you're still stuck with a paper form to retain. If the government audits your company they WILL NOT accept paper forms for medium and large companies, so you would end up having to scan every form into a digital format, name every file, and turn it all in within a 72 hour period to the auditors. i9 Advantage takes all of the work out of connecting to and dealing with the basic pilot, and will electronically store your I-9 Forms, remind you when forms are expiring, validate and verify each form, as well as help you manage government audits.
