I-9 Audits and Compliance

The I-9 form is used by employers to verify the identity and employment eligibility of newly-hired employees. Since November 1986, U.S. employers are required to complete and maintain an I-9 form for every new hire. On the I-9 form, employees must complete Section 1 and attest to their eligibility to work in the U.S. Within three business days of hire, employees must present acceptable documents to their employer proving their identity and employment eligibility. Employers must complete Section 2 of the I-9 form by reviewing the employees’ presented documents to determine whether they appear to be genuine and reasonably relate to the employee, and record required document information on the form. The List of Acceptable Documents is found on the last page of the current I-9 form.

Get the Current I-9 Form

Employers are required to retain the I-9 form for a designated period of time and make it available for inspection by the government. The U.S. Immigration and Customs Enforcement (ICE), which falls under the U.S. Department of Homeland Security (DHS) is charged with ensuring employers are in compliance with I-9 laws. One method ICE uses is conducting I-9 audits. If ICE finds errors and omissions on the I-9 form, employers can face significant fees and penalties, depending on the number of violations.

ImLaw counsels employers on all aspects of I-9 compliance, conducts internal audits, also known as “self-audits”, of employers’ I-9 forms and files, trains employees on proper I-9 completion and maintenance, and assists with implementing and improving company I-9 policies and processes.

3 Reasons Why I-9 Compliance Matters

There are a few good reasons to hire ImLaw to ensure and support your I-9 compliance.

1. Avoid Fees and Harsher Penalties

As previously mentioned, employers who do not comply with the I-9 rules and requirements can be charged a fee per I-9 violation. That is the lightest penalty. The harshest penalty is jail time. None of those are good for your business, and our services can help you avoid both.

2. Reduce Risk

Things as simple as missing a signature, missing a required date on an I-9, failure to complete all required boxes in section 1 or 2, and using the wrong edition of the I-9 can put an organization at risk. Mistakes are easy to make, and even easier to miss or properly correct. In our experience coming on site, we have yet to find any employer’s I-9 forms and files in perfect order. Our I-9 audit and compliance services help employers like you mitigate risk by catching errors and helping employers rectify mistakes through proper self-auditing.

3. Be Prepared for an ICE Form I-9 Audit

ICE will issue a Notice of Inspection (NOI) to employers typically three days in advance of an official I-9 audit. At the inspection the employer must produce all I-9 forms plus copies of documents presented by employees, if the employer has a policy of copying presented documents. Other documents typically required for the inspection include current payroll records, a list of current employees, company formation documents, and business license(s).

That’s not a lot of time to gather everything and review it for correctness and completeness. With ImLaw’s services, you’ll be proactively prepared for an I-9 audit by ICE.

What to Do If You Receive an I-9 Notice of Inspection

1. First, contact us ASAP within the three days prior to your inspection date.

2. Do not let ICE representatives/agents into your place of business, unless they have a warrant. Be respectful, but confident and firm. Ask for a business card.

3. If the ICE representatives/agents start asking questions or are encouraging you to talk, politely but firmly decline to answer their questions or make any comments, other than “We wish to have our immigration counsel present.” This will help avoid inadvertently giving away information. If you do speak, do not lie. Lying to ICE is a crime, as they are law enforcement.

4. Work with your immigration counsel.

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