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Goulder Immigration Law Firm
3200 Northline Avenue, Suite 130
Greensboro, NC 27408
www.GoulderVisa.com
Gerald P. Goulder Voice 336.808.1119
Attorney & Counselor at Law Fax 336.808.1118
E Mail Goulder@GoulderVisa.com Toll Free 1.866.US VISAS
Employer Good Faith Compliance Defense to Form I-9 Violations and
Employer Sanctions
Introduction
In 1986 The Immigration and Nationality Act (INA) was amended by the
enactment of the Immigration Reform and Control Act (IRCA) that required
employers to verify the identity and employment eligibility of their employees and
created criminal and civil sanctions for employment related violations.
Section 274A (b) of the Immigration and Nationality Act (INA), codified in 8 U.S.C.
§ 1324a (b), requires employers to verify the identity and employment eligibility of
all individuals hired in the United States after November 6, 1986. Section 274a.2
designates the Employment Eligibility Verification Form I-9 (Form I-9) as the
means of documenting this verification. Employers are required by law to
maintain for inspection original Forms I-9 for all current employees. In the case
of former employees, retention of Forms I-9 are required for a period of at least
three years from the date of hire or for one year after the employee is no longer
employer, whichever is longer.
In 1996, the Section 274A(b) of the INA was amended with IIRAIRA Section 411,
by creating a new subsection (6), entitled "Good Faith Compliance," that provides
a defense for "technical or procedural" failures in the I-9 employment verification
process. This provides a limited “second chance” for employers to avoid I-9
penalties and sanctions after being notified to their technical or procedural I-9
violations and a gr