According to a recent court decision, employers must understand that if they use E-Verify to check employees’ employment eligibility, they are still obligated to meet the employment eligibility verification requirement under the law by completing the necessary I-9 forms. The court case involved a staffing and temporary employment company, who was audited by Immigration and Customs Enforcement (ICE) and received a fine of over $200,000 due to I-9 form violations. When auditing I-9 forms, ICE takes five factors into consideration including the company’s size, their “good faith effort”, and if any employees are unauthorized to work. ICE will also factor in the violations themselves and any previous violations that have been made. Employers should familiarize themselves with the details of this court decision, as well as ensure compliance in the completion of I-9 forms.
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