I-9 Audits: Strengthening Your Immigration Compliance Strategies

It is a violation of Federal immigration law for any employer to knowingly hire employees who are not authorized to work in the United States. The Federal Form I-9: Employment Eligibility Verification, is used by employers as a record of their basis for determining the eligibility of an employee to work in the U.S. The form is maintained by the employer and made available upon request for inspection by officials of the Department of Homeland Security, The Department of Labor, and the Office of Special Counsel for Immigration-Related Unfair Employment Practices.

Form I-9 supports a Homeland Security procedure that ensures U.S. employers hire only those with the proper work eligibility and identification documents. When employers are learning what an I-9 form is and how it works, it’s important to point out that they are responsible for completing it within three days of a new hire’s start date. 

U.S. employers need to have each new hire complete an I-9 form. The completed form, verified and signed, should be kept on file for up to three years for any employee currently employed and up to one year for terminated employees. You may need to show these documents to immigration officials or other government employees who may check to make sure your business is only hiring documented workers eligible to work in the U.S.

In an effort to control illegal immigration, in 1986 Congress passed the Immigration Reform and Control Act (IRCA).  The IRCA was enacted to legalize approximately three million undocumented immigrants, while at the same time, attempting to deter future undocumented immigration. In order to be compliant with IRCA’s directives, all U.S. employers must complete a Form I-9 for each employee hired after November 6, 1986.

• What is Form I-9 and who must comply?
• Changes to Form I-9 effective May 1, 2020
• Addition of Eswatini and North Macedonia to the Country of Issuance field in Section 1 and the foreign passport issuing authority field in Section 2 per those countries’ recent name changes. These changes are only visible when completing the fillable Form I-9 on a computer.
• Clarification of who can act as an authorized representative on behalf of an employer
• Updating of USCIS website addresses
• Clarification of acceptable documents
• Updating the process for requesting the paper Form I-9
• Updating the DHS Privacy Notice
• Exceptions for completing and retaining Forms I-9
• Employer and employee responsibilities when completing Form I-9
• Common Form I-9 errors
• Procedures for correcting errors & omissions
• Form I-9 retention rules
• Form I-9 Internal and External Audits
• Levels of violations
• Self-audits
• Immigration and Customs Enforcement Audits
• Inspection Notices
• Consequences of non-compliance
• E-Verify system
• I-9 and E-Verify:  Know the difference
• E-Verify rules & procedures
• States with current E-Verify laws
• E-Verify self-audits:  Key steps

Are you confident your organization is fully compliant with federal immigration laws, or are you at risk of being assessed costly fines, or worse, for potential violations?

Completing, storing, and properly disposing of I-9s can be daunting.  The current Administration is strongly focused on immigration enforcement, and the chances of your organization being audited are higher than ever. Due to this increased focus, more employers are conducting proactive self-audits of their I-9s and supporting documentation. Additionally, more employers are participating in the Federal E-Verify program. This web-based system allows a business to electronically confirm the eligibility of their employees to work in the United States.

Earlier this year, the U.S. Citizenship and Immigration Service (USCIS) issued a revised edition of Form I-9.  Employers are required to begin using the new form effective May 1, 2020.

In this informative 90-minute program, you’ll be provided with the information you need to ensure your organization is Form I-9 compliant, understand what constitutes proper documentation, recordkeeping best practices, and methods for conducting self-audits. We will also discuss the changes made to Form I-9 that went into effect on May 1, 2020.  You will learn about the E-Verify process which can assist employers with good faith immigration compliance. Additionally, participation in this webinar will provide insight into surviving an external audit to avoid hefty fines and enforcement actions from ICE.

• Senior Management
• Human Resources professionals
• Payroll professionals
• Compliance professionals
• Recruiting professionals
• Operations Managers
• Managers & Supervisors
• Employees

Diane L. Dee, President and Founder of Advantage HR Consulting, LLC is a senior Human Resources professional with over 25 years of experience in the HR arena. Diane’s background includes experience in HR consulting, training, and administration in corporate, government, consulting, and pro bono environments.

Diane founded Advantage HR Consulting in early 2016. Under Diane’s leadership, Advantage HR Consulting provides comprehensive, cost-effective Human Resources solutions for small to mid-sized public and private firms in the greater Chicagoland area.  Diane also develops and conducts webinars on a wide variety of HR compliance and administrative topics for various training firms across the country.   Additionally, Diane is the author of multiple white papers addressing various HR compliance topics.

Diane holds a Master's Certificate in Human Resources from Cornell University’s School of Industrial and Labor Relations and has attained SPHR and SHRM-SCP certifications. Diane is a member of the National Association of Women Business Owners and the Society for Human Resource Management. Additionally, Diane performs pro bono work through the Taproot Foundation assisting non-profit clients by integrating their Human Resources goals with their corporate strategies.