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No. You will not be subject to employer sanctions penalties for failing to complete Form I-9 or for continuing to employ an employee who is not authorized to work in the United States if the employee was hired on or before November 6, 1986.  However, the fact that the employee was on your payroll on or before November 6, 1986, does not give him or her the right to remain in the United States. Unless the employee obtains permission from DHS to remain in the United States, he or she is subject to apprehension and removal from the United States.

Last Reviewed/Updated: 
03/27/2014