10 tips for surviving an I-9 audit

In a strategic plan to step up enforcement of immigration-related employment laws, U.S. Immigrations and Customs Enforcement (ICE) will be knocking on more doors and conducting more workplace inspections in the coming years.

While certain industries are more vulnerable to investigations (such as agriculture, construction, hospitality and food processing), all employers need to take the proper steps to protect themselves and prevent I-9 violations.

1. Store I-9 forms in separate binders (not in employee personnel files) for current employees and terminated employees.
2. Print a list of all current employees, including name and date of hire.
3. Use the correct, most up-to-date version of the I-9 form.
4. Refuse any document with a past-due expiration date when completing the I-9 form for a new hire.
5. Do not verify U.S. passports or passport cards, Permanent Resident or Resident Alien Cards, or List B Identity documents.
6. Re-verify expiring work authorization documents before they expire – and do not allow an employee to continue working after the work authorization document expires.
7. Conduct a self-audit of your I-9 forms to make sure they are complete and accurate.
8. Avoid discrimination or document abuse with your I-9 form process.
9. Accept the document and complete Section 2 of the I-9 form if the document(s) presented by the employee is on the List of Acceptable Documents, appears to be genuine and relates to the person presenting it.
10. Stand up for your rights! If ICE shows up to conduct an audit, insist on a written Notice of Inspection and your right to three business days before you share your original I-9 forms.

In addition to the mandatory Form I-9, G.Neil offers practical information and tools to help you properly complete I-9s and maintain organized, up-to-date records.

10 tips for surviving an I-9 audit

ICE announces audits, review Form I-9 best practices

Last week U.S. Immigration and Customs Enforcement (ICE) launched a bold audit initiative as a part of the agency’s stepped-up enforcement of employment and immigration laws. ICE issued Notices of Inspection to 652 businesses nationwide to alert employers that ICE will be inspecting their hiring records.

The Department of Homeland Security (DHS) requires employers to verify that all new employees are eligible to work in the U.S. using the employment eligibility verification form (Form I-9). Neglecting to fill out forms or filling out I-9 forms incorrectly can result in fines of up to $1,100 for every incorrect form.

Knowing how to fill out new-hire forms correctly and the rules on how long you must retain those documents will help protect your business in the event of an ICE audit.

Anyone in your organization involved in the hiring process should be trained on the correct way to complete I-9 forms and federal recordkeeping requirements. Training should cover Form I-9 best practices, including, but not limited to:

• How to properly complete an I-9 form at the time you hire a new employee. Employees must present identity and work authorization documents within three days of the date of hire.


• Expired documents as proof of identification or work eligibility are not acceptable. Review the list of documents that fall under List A of the List of Acceptable Documents.


• The importance of keeping I-9 forms separate from employee personnel forms.


• How using a binder system for storing I-9 forms, one for current employees and one for terminated employees, can help your business stay in compliance.


• To periodically review current I-9 forms to identify employees who need to update their work eligibility status.


• Businesses must retain I-9 forms for the duration of a worker’s employment, plus one year, or for a minimum of three years from the date of hire, whichever is longer.

Read more on how to handle I-9 forms and about the most recent changes to the I-9 Form.

ICE announces audits, review Form I-9 best practices

ICE announces I-9 inspections at 652 businesses nationwide

U.S. Immigration and Customs Enforcement (ICE) launched an extensive audit initiative on July 1, 2009, by issuing Notices of Inspection (NOIs) to 652 businesses across the U.S., more notices than ICE issued in fiscal year 2008.

The ICE notices serve as an alert to businesses that the agency will be inspecting their hiring records to determine whether they are in compliance with employment eligibility verification laws and regulations.

This initiative shows ICE’s increased focus on holding employers directly accountable for their hiring practices and efforts to ensure they’re employing a legal workforce.

"ICE is committed to establishing a meaningful I-9 inspection program to promote compliance with the law. This nationwide effort is a first step in ICE's long-term strategy to address and deter illegal employment," said Department of Homeland Security Assistant Secretary for ICE John Morton.

In April 2009, the ICE announced that illegal immigration enforcement would be shifting away from undocumented workers and toward employer compliance in order to target the root cause of illegal immigration.

All new employees, including U.S. citizens, must verify their work eligibility with an I-9 form at the time of hire. Employers must retain the verification forms and re-verify existing employees’ work authorization documents that are nearing expiration.

The U.S. Citizenship and Immigration Services (USCIS) recently instructed employers to continue using the current Form I-9 (Rev. 02/02/09) until further notice.

Employers do not need to submit forms to the government for verification, but must hold on to the forms for three years after the employee’s date of hire or for one year after the date the employee leaves the company (whichever date is later).

Order the current version of the Form I-9, along with detailed tip sheets, to ensure your business stays in compliance with federal recordkeeping requirements. Employers can find more tools and information on I-9 recordkeeping practices and completion in the ComplyRight I-9 Bundle.

ICE announces I-9 inspections at 652 businesses nationwide

Illegal immigration enforcement shifts toward employers

U.S. Immigration and Customs Enforcement (ICE) recently announced that illegal immigration enforcement will be shifting away from undocumented workers and toward employers.

The announcement comes in the wake of a Supreme Court decision on May 4, ruling that a worker can not be charged with aggravated identity theft, subject to an extra two years in prison, if the worker was unaware they were using an actual person’s information.

Violating the statute requires that an offender “knowingly … uses, without lawful authority, a means of identification of another person.” The government argued that “knowingly” didn’t pertain to the identity theft portion of the law.

On behalf of his colleagues, Justice Stephen Breyer wrote, “As a matter of ordinary English grammar, it seems natural to read the statute’s word ‘knowingly’ as applying to all the subsequent elements of the crime.” (Workforce Management)

Only days before the ruling, on April 30, the Department of Homeland Security changed their policy on illegal immigration and will now target the employers of undocumented workers, rather than the illegal workers themselves.

“Effective immediately, ICE will focus its resources in the worksite enforcement program on the criminal prosecution of employers who knowingly hire illegal workers in order to target the root cause of illegal immigration.” (DHS)

ICE has been instructed to target “employers who cultivate illegal workplaces” for civil fines, along with criminal prosecution in federal court. ICE will continue to arrest any illegal workers found during worksite investigations and process them for deportation.

DHS issued a new Fact Sheet on its Worksite Enforcement Strategy to help employers fully understand the change in policy and comply with immigration laws. Download a copy of the Fact Sheet (.pdf).

As of April 3, 2009, employers are required to use the revised Form I-9 for Employment Eligibility Verification. All new employees, including U.S. citizens, must verify their work eligibility with an I-9 form when they are hired.

Employers do not need to submit forms to the government for verification, but must hold on to the forms for three years after the employee’s date of hire or for one year after the date the employee leaves the company (whichever date is later).

Order the updated Form I-9, along with detailed tip sheets, to ensure your business stays in compliance with federal recordkeeping requirements. Employers can find more tools and information on filling out I-9 forms correctly in the ComplyRight I-9 Recordkeeping Kit.

Illegal immigration enforcement shifts toward employers

Reminder: New Form I-9 effective April 3

Next Friday, April 3, 2009, employers must start using the revised Form I-9 for Employment Eligibility Verification.

The new I-9 form was originally scheduled to take effect on February 2, but the U.S. Citizenship and Immigration Services (USCIS) delayed implementation for 60 days for further review.

Employers should continue using the current Form I-9 until April 3 and should prepare to use the new version beginning April 3.

Completing the I-9 form is mandatory for all new employees hired to work in the U.S. and the updates reflect numerous changes in the list of acceptable documents employers may use to verify an applicant’s work eligibility status.

The new Form I-9 reflects several changes, including:

• Expired documents are no longer considered acceptable proof of identification or work authorization.
• Three documents were removed from List A of the List of Acceptable Documents: Form I-688, Temporary Resident Card, Form I-688A, Employment Authorization Card, and Form I-688B, Employment Authorization Card.
• Foreign passports with machine-readable visas for certain citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI) were added to List A.
• The new U.S. Passport card was added to the list of acceptable employment eligibility verification documents.

Employers who fail to use the revised Form I-9 by April 3, 2009, may be subject to violation fines. Neglecting to fill out an I-9 form for every employee, or filling out forms incorrectly , can result in up to $1,100 for every incorrect form.

Order the updated I-9 form with detailed tip sheets to ensure your company is in compliance with federal recordkeeping requirements. More tools and information on completing your I-9 forms correctly are available in the ComplyRight I-9 Recordkeeping Kit.

Reminder: New Form I-9 effective April 3