Nalini S. Mahadevan, JD MBA

"Nalini goes well beyond the call of duty in helping her clients."

— D Narain, Monsanto

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I-9 Process

This is a form to be filled all employees hired to work in the US, US citizens and non citizen, who are hired after November 6, 1986. This program is an effort to reduce employment of illegal aliens.

The employer should have the new hire fill the form and should retain the form. The employee may or may not provide a social security number.

Employers should note work authorization expiration.

All employers hiring employees in the US, whether the employees are citizens or not.

Employers may not ask for specific documents, but must request original documents and keep copies of documents with the I-9, if so required.

Employers cannot discriminate against any individual in hiring, discharging or recruiting or referring for a fee, because of nationality or citizenship status. Employers cannot discriminate against work authorized individuals.

Employers cannot specify which documents they will accept from an employee.

Employers cannot refuse to hire just because the documents have an expiry date on it.

There is no filing fee. I-9s are not filed with USCIS or any federal agency. The employer retains the application and makes it available for inspection by the US government.

You can get the form here at our website or from USCIS. You can make copies of the form for your use.

Nalini can help you formulate a company-wide policy for I-9 compliance and audit. Contact her at nsm@mlolaw.us

ICE (Immigration and Customs Enforcement) has stepped up efforts to audit and enforce employment sanctions for non compliance. ICE has increased its inspections of worksites and offices.

  • Criminal prosecution for felony or misdemeanor, fines, imprisonment and forfeiture
  • Administrative Sanctions for hiring violations and paperwork violations
  • Debarment from 1 to 3 years from Federal contracts

ICE uses IMAGE ( ICE Mutual Agreement between Government and Employers; E-verify; Social Security Number Verification Service; Training; Self Assesment.

Nalini can help establish procedures to comply with I-9, IMAGE and E-verify programs, as well as self audits to ensure compliance.