Wisconsin Immigration Law: What You Need to Know About I-9 Verification

Wisconsin immigration law is critical for employers and employees alike, particularly concerning I-9 verification. The I-9 form is essential for documenting the identity and employment authorization of individuals hired for employment in the United States. Failure to comply with I-9 verification can lead to significant penalties for employers.

In Wisconsin, just like the rest of the country, employers must ensure that all new hires complete an I-9 form within three days of starting work. This law applies to all public and private employers and includes full-time, part-time, and temporary workers.

The I-9 form requires employees to provide proof of their identity and eligibility to work. This proof can be submitted using various forms of documentation. Acceptable documents are categorized into three lists:

• List A: Documents that establish both identity and employment authorization, such as a U.S. passport or a Permanent Resident Card.
• List B: Documents that establish identity only, such as a driver’s license or state ID.
• List C: Documents that establish employment authorization only, such as a Social Security card or a birth certificate.

Employers must carefully review these documents to ensure they are valid and unexpired. It is critical not to discriminate against employees based on national origin or citizenship status during the I-9 verification process. Employers should be aware that incorrect verification can lead to audits and fines from the U.S. Immigration and Customs Enforcement (ICE).

In addition to I-9 verification, Wisconsin employers must also be mindful of state-specific laws that may affect immigration status and employment. It’s essential to remain informed about any changes in immigration policies and how they may impact hiring practices.

Employers are advised to retain completed I-9 forms for at least three years following the employee's date of hire or one year after the employment ends, whichever is longer. This retention policy is crucial for compliance during potential audits.

To avoid potential pitfalls in the I-9 verification process, employers can consider investing in training for their HR staff. There are also online resources and tools available to streamline the I-9 process and ensure all necessary steps are properly followed.

In summary, understanding Wisconsin immigration law and the critical elements of I-9 verification can help employers create a compliant and effective workforce. Employers should prioritize proper documentation and stay updated on legal requirements to protect their businesses.