Immigration Form Puts Employers at Risk
What many employers think of as a simple form and “no big deal” – IS in fact a really a big deal. Federal laws are being aggressively enforced concerning Form I-9 compliance and employers are paying a heavy price. All business owners should be prepared because Immigration and Customs Enforcement (ICE) can conduct an I 9 compliance audit of their business at anytime.
Restaurants including quick service, hospitality industries, and service businesses such as landscapers, janitorial services, day care and contractors should be sure their I-9 forms are PERFECT and they have a written company I-9 compliance plan in place. These types of businesses are prime targets for ICE based on their high turn-over rates and history of attracting immigrant workers.
When ICE agents come in and serve your business a notice of inspection (NOI) that you are being audited, you have three days to gather every I-9 form for your current employees and the I-9 forms for all employees who have worked for you during the past 3 years. You must be able to present an I-9 form for any person you paid wages to – even that extra help you brought on to help with a special event or that person who worked 1/2 shift and walked out.
If you cannot compile the required information within the 3 day time period, you will most likely suffer these fines:
- Missing I-9 forms – $1,100 per occurrence,
- Clerical mistakes and missing information $110 per occurrence,
- Inconsistent procedures over the years, for example copying supporting documents for some employees and not others may lead to charges of discrimination.
The best defense against costly fines, damaging PR and sleepless nights is to be prepared. I-9 Okay helps bring peace of mind to our clients through third party audits, comprehensive training, custom corporate compliance plans, and a unique on-line I-9 solution.