I 9 Compliance and Unconscious Incompetence
Author Steven Covey and others talk about the state of unconscious incompetence. To me, that is just a fancy way to say “you don’t know what you don’t know”. In the case of Form I 9 compliance, that is a dangerous and expensive state to be in.
Many, many employers fall into the category of not knowing what they don’t know about employment eligibility verification and the I-9 Form. The purpose of the Form I-9, Employment Eligibility Verification is for an employer to fulfill their responsibility under the law to verify the identity and work eligibility of every person they hire. When the I-9 is not completed properly, the form is often considered invalid or unenforceable. The government takes this failure very seriously and penalizes employers severely for lack of compliance.
Employment Eligibility Verification Should Not Be Overlooked
I meet employers every single day who have no idea of the risk associated with the Form I-9. These employers are SHOCKED to learn about the huge financial penalties associated with non-compliance when government investigators conduct an I 9 audit. Most of the employers I speak to are convinced that they have followed the law, that they are not actively hiring undocumented workers and are therefore safe from prosecution. Unfortunately, that attitude may end up costing tens of thousands of dollars in fines when government agents conduct an I 9 audit.
Immigration and Customs Enforcement (ICE) is part of the Department of Homeland Security and is responsible for conducting the I 9 audit. During an ICE audit, an employer’s I-9s are reviewed for what are termed technical/procedural violations and substantive violations. It is rare to find an employer whose I-9s are not riddled with technical/procedural violations. Most, if not all of these mistakes could be avoided with proper training and attention to detail by the person who is responsible for completion of the Form I-9.
What are the Fines for Form I-9 Violations?
Substantive violations are costly – $1,100 per occurrence. It doesn’t take many substantive violations to add up to a huge judgment against an employer. In our experience in conducting hundreds of 3rd party audits, we find most substantive errors occur because the person completing the I-9 form was not fully trained and does not truly understand the purpose of the I-9. Failing to secure signatures, inspect appropriate documents, and complete the process within the prescribed 3 business day time frame are the most common substantive errors we encounter.
Unconscious incompetence is not an excuse. Not knowing what you don’t know about I 9 compliance will not save you when Immigration and Customs Enforcement conducts an I 9 audit. It is every employer’s responsibility to seek education concerning I 9 compliance. In the current business environment non-compliance with the Form I-9, Employment Eligibility Verification is a risk that can easily bankrupt an organization.
Tags: employment eligibility verification, Employment Verification, Form I-9, form I-9 violations, i 9 audit, I-9 Compliance
Form I-9 Enforcement, I 9 Review and Audit, I-9 Compliance | admin | 
February 1, 2010 10:44 am
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