Does Your Company Meet Form I-9 Requirements?

Independent Form I-9 Audits Reduce Risk

Since January 2009, under the directive of the current administration, ICE (Immigration and Customs Enforcement) has audited more than 3,200 employers, debarred 225 companies and individuals, and imposed approximately $50 million in financial sanctions – more than the total amount of audits and debarrments issued during the entire previous administration. There is no doubt ICE will continue aggressive enforcement activities against employers in 2011.

The focus of this enforcement activity is concentrated on the Form I-9, Employment Eligibility Verification, and whether or not an employer has properly completed the I-9 for each employee hired. This aggressive strategy puts every employer at risk of a government inspection and the potential to pay thousands of dollars in fines and penalties, regardless of the immigration status of their employees. Employers must be crystal clear – this is NOT about finding illegal workers, this enforcement is about auditing an employer’s compliance with the requirements of the Form I-9.

Think Your Business is Form I-9 Compliant?

The simple fact is most employers are not fully compliant with Form I-9 requirements and upon government inspection will be fined, on average over $800 per employee! You are probably thinking – this could never happen to my company. We have reviewed our Forms I-9 and have even conducted our own internal audit.

Unfortunately, this strategy is rarely sufficient. According to ICE, companies that audit their own Forms I-9 are not significantly reducing their potential fines and many times may make matters worse, because much of this audit work is performed by the same HR managers that made the previous errors.

External Form I-9 Audits are Recommended by ICE

Internal audits often reveal significant errors made by hiring managers and it’s only natural to want to hide or minimize these mistakes in order to save face and retain one’s job. Unfortunately, ICE typically regards these cover-ups as serious matters which may lead to charges of falsification, perjury, and document tampering. ICE representatives have made it clear that self-audits typically result in more difficult situations for the employer than if an audit is done by a qualified, experienced independent auditor.

Performing an internal self audit of the Form I-9 may very well increase your risk, rather than decrease the potential for penalties and fines. ICE advises it is a best practice to complete an annual audit of your I-9s using an experienced independent auditor. Any other type of audit may leave an organization at risk or in worse condition than before the audit.

Make 2011 the year you reduce your company’s liability. Start with a Form I-9 audit performed by a qualified expert and develop an Employment Eligibility Verification compliance plan to ensure 100% compliance going forward. Remember, ICE isn’t looking for illegal workers, they are looking at your Form I-9 paperwork and even small, “innocent” mistakes will cost you!

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