Employers are required to complete and retain Form I-9 for every employee hired to verify the employee’s eligibility and authorization to work in the U.S. If the U.S. Immigration and Customs Enforcement (ICE) conducts a Form I-9 Employment Eligibility Verification audit on an employer that reveals lack of compliance, hefty fines can be levied.
The Form I-9 process should begin no later than an employee’s first day of compensated employment. Employees must complete Section 1 of Form I-9 by that time and provide the form and supporting documentation to the employer. ICE provides a list of acceptable documents employees may present for verifying identity and employment authorizations. Employees need either one document from List A, or one from List B and List C. Employers must then complete and sign Section 2 of the form no later than an employee's third business day of working pay.
Employers must maintain copies of original Forms I-9, either electronically or on paper, for all current employees. Former employee records must be kept for at least three years from the first day of employment, or one year from the employee’s date of employment termination, whichever is longer. E-Verify is a web-based employment eligibility verification service operated by U.S. Citizenship and Immigration Services (USCIS) that employers may use to aid in employment verification. While it is not a replacement for Form I-9 completion, utilizing the platform aids in I-9 recordkeeping compliance. Information entered onto a Form I-9 is compared to information records available to the U.S. Department of Homeland Security (DHS) and Social Security Administration (SSA). Some states have begun to mandate employers to use E-Verify, but E-Verify is optional for most employers.
If an employer receives a Notice of Inspection (NOI), it has three business days to produce the requested Forms I-9. Generally, Homeland Security Investigations (HSI) also requests supporting documentation like payroll records, a list of current and former employees and business licenses. If HSI finds technical or procedural errors, employers have at least 10 business days to correct the errors. Employers may also incur monetary fines for violations or uncorrected technical or procedural failures.
Employers can conduct self-audits to ensure that no errors exist. In the event a self-audit reveals a mistake within an I-9 Form, there are options for correcting the errors. Only employees may correct mistakes within Section 1 of the form and can do so by drawing a line through incorrect information, entering the correct details and indicating the date of the correction next to their initials. In the case of multiple errors on one form the employee may fill out a new section or form. Changes should be noted in the employees’ file. Mistakes within Section 2 or Supplement B may be corrected by the employer.
Don’t be caught in the crossfires of a failed audit. Compliance is an ongoing effort, and maintaining iron clad methods is the best way to protect your business from fines and violations. Stay up to date on the latest compliance updates and tips by following Bukaty Companies on LinkedIn or subscribing to our compliance emails.