What happens if an employer properly completes a Form I-9 and INS discovers that the employee is not actually authorized to work?
A. An employer cannot be charged with a verification violation, and will have a good faith defense against the imposition of employer sanctions penalties for knowingly hiring an unauthorized alien, where the following is done: ● 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 a Federal government officer.
