What will happen if a SWA completes Form I-9 and DHS discovers the worker is not actually authorized to work?
A SWA cannot be charged with a verification violation if it properly completes Form I-9. The SWA will have a good faith defense against sanctions (unless the government can show it had knowledge of the unauthorized status of the worker) if the SWA has done the following: (1) Ensured the worker fully and properly completed section 1 of Form I-9 prior to referral; (2) Reviewed the required documents, which reasonably appeared genuine and related to the person who presented them; (3) Fully and properly completed section 2 of Form I-9, and signed and dated the employer certification (minus the date of hire); (4) Retained Form I-9 for the required period of time; and (5) Made Form I-9 available upon request of a DHS, DOJ, or DOL officer.
Related Questions
- What happens if an employer properly completes a Form I-9 and INS discovers that the employee is not actually authorized to work?
- What happens if I properly complete a Form I-9 and INS discovers that my employee is not actually authorized to work?
- What will happen if a SWA completes Form I-9 and DHS discovers the worker is not actually authorized to work?
