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I-9 Reviews - Frequently Asked Questions


Do I need to complete an I-9 Review for everyone who applies for a job with my company?

No, you need to complete I-9 review only for people you actually hire. For purposes of the I-9 rules, a person is ‘hired’ when he or she begins to work for you for wages or other compensation.


I understand that I must complete a Form I-9 for anyone I hire to perform labor or services in return for wages or other remuneration. What is ‘remuneration’?

‘Remuneration’ is anything of value given in exchange for labor or services rendered by an employee, including food and lodging.

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Can I fire an employee who fails to produce the required documents within three business days?

Yes, you may terminate an employee who fails to produce the required documents, or a receipt for a replacement document (in the case of lost, stolen or destroyed documents), within three business days of the date employment. However, you must apply these practices uniformly to all employees. If an employee has presented a receipt for a replacement document, he or she must produce the actual document within 90 days of the date employment.


What happens if I properly complete a Form I-9 and the U.S. ICE discovers that my employee is not actually authorized to work?

You cannot be charged with a verification violation; however, you cannot knowingly continue to employ this individual. You will have a good faith defense against the imposition of employer sanctions penalties for knowingly hiring an unauthorized alien unless the government can prove you had actual knowledge of the unauthorized status of the employee.

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