Is Form I-9 Compliance Really So Difficult?

The Form I-9 – How Can It Be This Hard?

I’ve been very busy this quarter doing an independent 3rd party I 9 audit for several companies. Almost without fail, every company I go to is confident they are complying with the requirements of the Form I-9 and almost without fail, are not. In speaking with dedicated HR professionals who are in charge of I 9 compliance they ask “How can it be this hard?”

Well for starters, the Form I-9 was introduced in 1986 as part of the Immigration Reform and Control Act, and it has been revised several times over its 24 year history. Sometimes the changes have been minor and other times quite significant. The latest version of the Form I-9 was revised in February of 2009 and reflects changes to the Lists of Acceptable Documents and the Attestation in Section 1 of the form. Perhaps the most significant change is that employers may no longer accept expired documents. All documents must be unexpired at the time the Form I-9 is completed.

In our experience as expert auditors, time and time again we find simple clerical errors, missing information, and lack of attention to detail to be the HR manager’s biggest challenge. For many, they don’t truly understand the significance of the I-9. When I ask an HR manager if they have actually read the instructions for completing the I-9, they sheepishly answer “Well, no… it’s a one page form. Why would I need instructions?”

Lack of Training for I 9 Compliance

Many employees whose job description includes I 9 compliance have never received any formal training in the proper completion of the form. Many are taught by someone else who also has never received any training and so the same mistakes are passed down from generation to generation.

We often run into problems because an employer was given bad advice from a CPA or business attorney who did not fully understand the requirements of I 9 employment eligibility verification. The amount of misinformation concerning proper procedures relating to the employment eligibility verification process is astounding. The message here is to get your advice from an expert in I 9 compliance. Most business attorneys and CPA’s are not Form I-9 experts.

To the HR directors and managers who ask “how can it be this hard” – the answer is it doesn’t have to be. Seek the advice of an expert, conduct a comprehensive I 9 audit, and get the proper training and it is possible to achieve compliance with the requirements of the Form I-9. Download our free Employment Eligibility Verification Report today for more information concerning the Form I-9 and E-Verify.

Be Sociable, Share!