FORM I-9 is the Employment Eligibility Verification form employers are required to complete and retain for all individuals hired after November 6, 1986. Failure to follow the rules can lead to fines and even criminal penalties for individuals and companies.

How does an employer administer its Form I-9 program to avoid charges of illegal employment or discrimination? The Immigration and Citizenship Practice Group at Taft counsels employers on all phases of I-9 compliance and conducts employer audits.

Here are ten DOs and DON’Ts to include in an I-9 Action Plan:

DO

• Do complete the I-9 for all hires, US and non-US citizens. Independent contractors or temporary agencies referring workers must keep their own I-9s.
• Do require original employment authorization and identity documents to be presented by the employee in support of the I-9.
• Do complete List A only OR Lists B and C, but NOT A and B or A and C in Section 2 of the I-9.
• Do reverify an I-9 (or complete a new one) when an employee is re-hired within 3 years of the original I-9 completion or when original employment authorization has expired.
• Do retain an employee’s I-9 for 3 years after the date of hire or for 1 year after the date of termination, whichever is later.

DON’T

• Don’t wait: complete the I-9 on the date of hire.
• Don’t specify which employment eligibility documents the employee must present. The employee can chose any acceptable document.
• Don’t keep copies of employment eligibility and identity documents for only some of your employees; copies should be maintained for either all employees or none of them.
• Don’t forget to complete the employer’s Certification in section 2 of the I-9.
• Don’t reverify an I-9 which relied on a US passport or green card, regardless of expiration date.

These are some, but not nearly all, the requirements of I-9 compliance. Employers tread a thin line between unlawful employment on one hand and unlawful discrimination on the other. In addition to properly completing and maintaining I-9 records, it is advisable for employers to arrange for annual I-9 audits by a trained individual or external law firm to help detect and remedy gaps in compliance plans. Government fines for an employer’s paperwork violations can be $2000 for every mistake. The Form is found at http://www.uscis.gov/files/form/i-9.pdf.