Q & A – What happens if I properly complete and retain a Form I-9 and DHS discovers that my employee is not actually authorized to work?

Q: What happens if I properly complete and retain a Form I-9 and DHS discovers that my employee is not actually authorized to work?

A: You cannot be charged with a verification violation.  You will also have a good faith defense against the imposition of employer sanctions penalties for knowingly hiring an unauthorized individual, unless the government can show you had knowledge of the unauthorized status of the employee.