An administrative law judge (ALJ), hearing an appeal on a Form I-9 fine issued by Immigration and Customs Enforcement (ICE), has ruled that even when full supporting documents are copied and attached, an I-9 that is not completed properly can still be deemed a "substantial violation."
Thus Four Seasons Earthworks, which sought the appeal and exoneration, is still liable for a "substantial violation" for completing only the "B" documentation proof on an ICE-inspected I-9.
I-9 regulations require, for proof of a person's right to work in the United States, the verification of an "A" document (a passport, for instance) or both a "B" and "C" document. Four Seasons Earthworks listed only a "B" document on section 2 of the I-9, but attached photocopies of both the "B" and "C" documents used in the verification process.
ALJ Ellen K. Thomas ruled that I-9 regulations clearly specify that photocopies alone do not substantiate completion of the employment verification process. The Form I-9 must also be completed correctly.
Personnel Concepts provides a comprehensive guide to completing the employment verification process to help prevent situations like this one. Get your copy of our I-9 Compliance Kit today.