Why Bother with Regular Form I-9 Audits

It is very likely that Form I-9 audits are not the first thing on your to-do list when you arrive at work in the morning, unless of course ICE agents are waiting for you when you arrive!  There are so many other tasks that take priority in your business and even well intentioned owners and managers just never seem to get around to it. 

The Top 5 Reasons to Audit Forms I-9 

1. Mistakes Happen – HR personnel at larger businesses and accountants, payroll clerks and other employees at smaller businesses are in charge of filling out Forms I-9.  My experience in reviewing hundreds of Forms I-9 tells me that no matter how big or small the company, costly mistakes happen. It is a prudent business practice for employers to conduct audits to identify errors and omissions in the I-9 process and make a plan to avoid errors going forward. 
2. Protect Your Business – The Government has stepped up enforcement against employers.  The law is clear; employers have an obligation to verify that their employees are legally able to work in the United States by completing the Form I-9 process correctly and completely. Failure to do so leaves an employer open to enforcement action and ICE is not at all reluctant to enforce the law.  ICE secured more than $30 million in criminal fines, restitutions, and civil judgments in worksite enforcement cases in 2007. 863 people were arrested in criminal cases and more than 4,000 administrative arrests were made. 
3. Because “THEY SAY SO” - Immigration and Customs Enforcement (ICE) lists Form I-9 Audits as one of its “Best Practices”.  ICE Best Practices suggest arranging for annual Form I-9 audits by an external auditing firm or a trained employee who is not otherwise involved in the Form I-9 process.  Employers who do so are more likely to enjoy the “good faith” defense as allowed by the law. 
4. Understand Your Liability and Limit Your Risk – Some clients tell me they are afraid to do an audit because they don’t want to have to deal with what issues are identified.  A “head-in-the-sand” approach is a poor choice and may ultimately cost you and possibly even lead to jail time!  Understanding your liability and implementing a plan to become fully compliant is the key to limiting your risk. 
5. The Best Defense is a Great Offense – Employers who take a proactive approach to Form I-9 compliance and the employment authorization verification process simply sleep better at night!  Scheduling an expert review and establishing a Company Compliance Plan to achieve and maintain full compliance of the very complex and complicated issues surrounding Form I-9 matters give employers great peace of mind. 

 For more information concerning Expert Form I-9 Reviews and Compliance Plans, please visit www.I-9Okay.com.