Employers must complete Form I-9 for every employee they hire. This form confirms the employment eligibility of the individuals they hire. Furthermore, employers must carefully follow the regulations for completing Form I-9. In addition, the US Immigration and Customs Enforcement (ICE) and the US Department of Homeland Security (DHS) regularly audit employers to ensure they comply with the requirements. Here is what you can expect when expecting an audit:
First, you will receive a Notice of Inspection (NOI), which requires you to produce the requested documentation and forms within three business days. ICE can request the I-9s of all employees hired after November 6, 1986, whether current or previous employees. However, businesses do not have to hold these forms indefinitely. Instead, companies must maintain records for three years from the first day of an employee’s employment or one year from the date the employee faced termination, whichever proves longer.
According to ICE, once they complete the audit, they will notify the employer in writing and issue one of the following notices:
If an employer is issued a NIF and does not promptly request a hearing, ICE will issue a Final Order detailing any criminal and/or civil sanctions.
According to ICE, when determining the base amount for an employer’s fine, “the number of substantive violations/uncorrected technical or procedural failures and knowingly hiring/continuing to employ violations will be divided by the number of Forms I-9 that should have been presented for inspection.” This number is the violation percentage used to determine the civil penalty’s minimum and maximum base fine amount. This amount could vary based on whether this is the first, second, third, or higher offense. In addition, the following five statutory factors influence the amount:
In the past few years, the number of audits and the value of fines have increased. These increases mean that, more than ever before, employers must ensure compliance with Form I-9 requirements. The best way to do this is with a Form I-9 management tool. This tool can provide employers with step-by-step guidance and helpful reminders to ensure uniform compliance. It also offers simple and secure storage of forms and documentation.
Automate your employment eligibility verification today with the ensured compliance of I-9 Compliance.