Massive I-9 audits on the way: How to prepare
July 22, 2009 by Sam NarisiPosted in: In this week's e-newsletter, Latest News & Views, Regulations & Compliance
A recent campaign by the federal government sends a clear message to all employers: Make sure your employment records are intact.
Last week, U.S. Immigrations and Custom Enforcement (ICE) told 652 employers their I-9 forms were being audited. That’s more than the number of audits ICE conducted in the entire previous fiscal year. In addition to I-9s, many of the audits will also include subpoenas for EINs, payroll records and correspondences with the Social Security Administration regarding no-match letters.
The nationwide inspection follows an April announcement that ICE planned to focus the majority of its resources on prosecuting employers who hire illegal immigrants.
The list of companies being audited hasn’t been released. ICE has described the effort as a “first step,” meaning there will likely be more mass inspections in the near future.
What should companies managers do if they get a Notice of Inspection (NOI) from the feds?
Preparation is key. Employers must act quickly — the NOIs generally require HR to turn over all I-9s within three business days.
If I-9 records don’t pass muster with ICE, the agency could launch a criminal investigation. But even if there are no criminal charges, employers could face civil fines for faulty record-keeping.
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Tags: DHS, employment records, I-9, ICE
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July 24th, 2009 at 7:35 am
I speak from experience – I own 2 businesses. One of them was audited by the government earlier this month. I am now facing $17,000 in fines and all of my employees are legal! I had some missing and wrong information on my I-9 forms. For my second business I brought in some help – an I-9 expert. I happened to use a company called LegalEmployer.com. They “audited” my I-9s and pointed out errors and ways to fix them – legally. If this second business is audited by the government I feel confident that I am prepared. Working with an expert has given me peace of mind and has saved me thousands in potential fines – not to mention the bad press associated with government fines. Be prepared!
July 27th, 2009 at 8:49 am
I think that I-9 compliance is ever so important today. The ICE is doing the right thing by auditing businesses to ensure that the employemnt eligibility documents are correctly filled out. Most companies do not specialize in I-9 forms, they focus on their core business be it selling food, cars, or professional services. We all need a professional audit company to help us confirm the accuracy of the I-9’s kept for all employees both present and for three years past an employment termination date. I am a small business owner and found a company called I-9 Help Center (www.I9HelpCenter.com) that helped me audit my records. I do not want to caught with inaccuracies when the ICE comes knocking on my door!
July 29th, 2009 at 12:37 pm
I keep the I-9s with the employee file. Is there a special way that ICE wants them filed?
July 29th, 2009 at 5:27 pm
I am an I-9 consultant that offers the very important service of I-9 reviews and compliance plans. Most businesses that I visit believe that they are in full compliance of the law relating to the I-9 however over 80% of them don’t begin to meet the standard of good faith compliance. Too many businesses are counting on CPAs or HR generalists who are not fully aware of the complexity of this law. Please visit http://www.I-9okay.com for more information.
August 6th, 2009 at 12:57 pm
We were audited for our I9 forms about a month ago and we passed with flying colors.
I personally audited our files a few years ago, after I moved into this position, to make sure we were in compliance with everything, including I9′s. I keep my I9 forms and copies of ID in a separate file which makes it easy to pull the necessary forms for the audit quickly.
I highly recommend everyone do an audit on their employee files “sooner rather than later” to ensure compliance. I also recommend having a separate file for I9 information so that you do not have to go through each individual personnel file if you are audited. It makes the whole process go a lot faster and you do not have a lot of time to respond. It will save you a lot of headaches and fines in the future.
August 6th, 2009 at 6:19 pm
Pam, congratulations on passing the audit with flying colors! You are smart to stay organized and vigilant. I agree that everyone should perform an audit, sooner than later, and should be sure that they either educate themselves on what full compliance means or hire an expert to help.
The I-9 process can be a do-it-yourself project if you have the time and the inclination. I always tell people if you wouldn’t do your own taxes you probably shouldn’t do your own I-9 audit! But, for people who are knowlegable and have the time and resources it is certainly an option.
The website http://www.I-9Okay.com has a great FAQ page and Fact Sheets to help people decide if they can do it themselves or if they need help.
Again, Pam you should be really proud of yourself. Surviving an ICE inspection is no small task.