#ArizonaRestaurantWeek Labor and Employment Law Series – Restaurant Employers: Tips on Immigration Law Compliance (Blog 2 of 5)

By Chris M. Mason, Attorney, Jennings, Strouss & Salmon, P.L.C.

Continuing our Arizona Restaurant Week series, below are tips to help Arizona restaurant employers comply with immigration laws to avoid costly fines and litigation:

Tip 1: Employers should work with new hires to complete I-9 forms

The burden rests on the employer to ensure that all fields on the form are completed properly, and that acceptable documents have been presented and reviewed.

Tip 2: I-9 forms must be completed within three business days of hire

Tip 3: The employee section of the I-9 form must be completed on the first day 

While this process must be completed within three business days of hire, the employee section must be completed on the first day. Failing to timely complete I-9s, completing them incorrectly, or missing required information, can lead to costly fines. 

Tip 4: Employers should confirm they are using the most current version of the I-9

Tip 5: Enroll in and use the federal E-Verify system to verify employment eligibility for each new hire

Arizona’s Legal Arizona Workers Act requires employers to enroll in and use the federal E-Verify system to verify employment eligibility for each new hire. E-Verify entails some level of complexity and user training, but provides prompt verification of employability. 

Tip 6: Consider periodic I-9 and E-Verify compliance reviews

Periodic I-9 and E-Verify compliance reviews will help to audit existing personnel files for compliant records and review hiring practices. These measures will help ensure full legal compliance and protect employers from unfortunate fines and regulatory investigations.

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