3rd Party Audits Are Required by Some Contracts

3rd Party I-9 Verification Audit – Will You Need One?

As the immigration debate rattles on and businesses are becoming more keenly aware of the government’s commitment to hold employers accountable for hiring only legal workers, many employers are discovering additional requirements appearing in contracts.

The Federal government and many states have started a trend by adding language concerning immigration compliance into their contracts. Many companies are following suit, trying to protect themselves from the liability of having illegal workers employed by sub-contractors working on their job-sites.

The Form I-9 Requirement Clause

Many employers have been caught off guard upon discovering an “immigration clause” or “Form I-9 requirement clause” in a new contract. These clauses often require either a statement from the sub-contractor attesting to their adherence to the immigration laws of the United States as it pertains to hiring legal workers, or a 3^rd party audit verification from a qualified auditor.

In some cases, a sub-contractor may be required to present their employees’ I 9 forms to an auditor for pre-approval before the employee is allowed to work on the job-site. Some sub-contractors find themselves unable to comply with the requirements of the contract and consequently lose the job.

A 3^rd Party Audit Helps Satisfy the Requirements of a Contract

I-9 Okay is often called on to conduct a 3^rd party audit and verify employment eligibility when an employer needs to meet the requirements of a new contract. It is most often a “mad dash” to get all of the forms in order, correct the errors and omissions on the I 9 forms, and verify the processes the employer is using. Many times, the employer has failed to address the importance of the Form I-9 prior to signing the contract.

Our best advice is to review your Form I-9 processes regularly, schedule an annual review of your I 9 forms, and maintain a storage method that allows quick and accurate access to records. Immigration requirements within contracts are becoming more and more common place and it is likely that your company will be required to have a 3^rd party audit in the near future.

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