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Review I-9s, even if Wal-Mart raid doesn’t signify crackdown

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in Firing,Hiring,Human Resources,Office Management,Records Retention

The federal government launched a high-profile raid last month of 21 Wal-Mart stores, resulting in more than 250 arrests of undocumented workers and a heap of trouble for the company.


Our advice: Don't read too much into it. This doesn't foreshadow a great crackdown on U.S. employers. Since 9/11, the feds have conducted fewer workplace immigration checks because agents are focused more on security-related sites like airports.

Still, you shouldn't slack off your duty of completing I-9s (Employment Eligibility Verification Forms) for each new hire. Reason: It only takes one complaint to prompt an inspection.

To avoid trouble, follow these I-9 rules:

1. Do require all new hires to complete and sign Section 1 on their first day of work.

2. Don't ask applicants to complete an I-9 prior to extending a job offer.

3. Do review the employee's documents to make sure they're on the I-9's list of acceptable documents. Make sure they appear genuine. (For a list, see www.uscis.gov/graphics/formsfee/forms/i-9.htm.)

4. Don't ask the employee for any particular documents or more documents than required by the I-9. The employee chooses the documents, not you.

5. Do establish a consistent procedure for completing I-9s.

6. Don't consider the expiration date of I-9 documents (green cards, etc.) when making hiring or firing decisions.

7. Do make and retain copies of all I-9 documentation provided. You're not required, but it's a smart move.

8. Don't forget to keep a tickler file to follow up on expiring documents. You only need to reverify I-9 documents with an expiration date for the employee's work authorization, like green cards.

9. Do keep I-9s and copies of documents for three years after the employee's date of hire or one year after his or her termination, whichever comes later.

10. Don't put Form I-9 in an employee's personnel file. To protect your company against discrimination claims, keep the I-9 and supporting documentation in a separate file.

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