Be Prepared for Employment Eligibility Verification Audits (I-9 Audits)
Thousands of Notices of Inspection (“NOIs”) are sent out each year to US companies by US Immigration and Customs Enforcement (“ICE”). This increase of audit notices are an effort to ensure that the hiring records of US businesses are in compliance with the laws and regulations that pertain to employment eligibility. Although these notices can be intimating, implementing measures to ensure that employers are prepared for employment verification audits is crucial.
The Immigration Reform and Control Act of 1986 (“IRCA”) requires employers to confirm whether individuals are authorized to work in this country. The Employment Eligibility Verification Form, also referred to as the I-9 form, was created by the government for that very purpose. For this reason, whenever a new individual is hired, employers must distribute the I-9 form on the first day the employee begins to work. Once the form is completed by the employee, the employer must examine the I-9 form for proper completion.
Employers should be prepared for any audit notices from ICE to avoid exposing itself to criminal or civil sanctions. NOIs from ICE not only require employers to submit I-9 documentation but also payroll records, copies of immigration files, copies of Social Security Administration communications, and other company related information. Once you receive an NOI notice you have three business days to produce the documentation. Before you receive these notices, here are some steps that you can take:
Adopt a comprehensive I-9 compliance program that addresses I-9 completion, policies, audits, and re-verification;
Implement internal audits to ensure that I-9 records are properly completed and up to date; and
Require your Human Resources Department to familiarize itself with the USCIS, “Handbook for Employers, Guidelines for Completing the I-9 form” to prevent identity issues.
The attorneys at Tristan & Cervantes have advised many businesses regarding hiring procedures and compliance with both state and federal employment regulations. Please contact our office with questions or concerns.
