Wednesday, January 18th, 2017

OCAHO: Failure to Timely Prepare I-9 a Substantive and ‘Serious’ Violation

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"Failure to prepare an I-9 in a timely fashion, moreover, is not only a substantive violation but also a serious one, because an employee could potentially be unauthorized for employment during the entire time his or her eligibility remains unverified. See United States v. Sunshine Bldg. Maint., Inc., 7 OCAHO no. 997, 1122, 1182 (1998) (citing United States v. El Paso Hospitality, Inc., 5 OCAHO no. 737, 116, 123 (1995)). The longer an employer delays in preparing an I-9 form, the more serious is the violation. See, e.g., United States v. Fortune E. Fashion, Inc., 7 OCAHO no. 992, 1075, 1080-81 (1998) (finding failure to prepare I-9 within three business days as serious, but distinguishing between delays of a few days and those of a few months)." - USA v. Anodizing Industries, Inc.