November 28, 2021

Volume XI, Number 332

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Failure to Complete I-9 within 3 Days is "Substantive" Violation

A recent decision issued by the Department of Justice's Office of the Chief Administrative Hearing Office ("OCAHO"), found that an employer's failure to complete Section 2 of the I-9 (Employment Eligibility Verification) form within three business days was a "substantive" rather than technical/procedural violation. This is an significant change that could result in employers facing increased fines. In an audit, an employer has the opportunity to request 10 days to correct "technical/procedural" errors and avoid I-9 fines and penalties. An employer does not have the opportunity to correct "substantive" violations. Click here to read the OCAHO decision.

© 2021 Dinsmore & Shohl LLP. All rights reserved.National Law Review, Volume , Number 156
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About this Author

Gregory Adams Dinsmore Law Immigration Attorney Higher Ed Lawyer
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For more than 30 years, Greg Adams has counseled large and small domestic and international businesses, educational institutions, non-profit entities, investors, professional athletes, professors and researchers in all aspects of business-immigration and related laws. He has represented bi-coastal and other high tech clients in immigration matters, has helped companies to develop balanced immigration policies, and has architected legal and practical measures to handle large volumes of cases. Over the past two decades, Greg has developed novel approaches to challenging...

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