Preparing for Increased I-9 Audits: Why Compliance Should Be a Priority in Changing Times

Against the backdrop of an increasingly fluid political and economic environment, organizations must remain vigilant in ensuring compliance with employment and immigration laws. Of these, the Form I-9 compliance process is a necessary but frequently overlooked requirement applied to those employers who hire individuals in the U.S., and sadly, its importance is only recognized when an audit is near.

In recent years, I-9 audits have increased as regulatory agencies are focusing on ensuring that employers follow the law as they adopt stricter immigration policies. This blog will highlight the significance of I-9 audits, trends, and guidelines to prepare all organizations to ensure compliance.

The Importance of Form I-9 Compliance

The Form I-9 is a document that all employers in the U.S. are required by law to file for each individual they employ to determine whether or not the person can work legally in the United States. Adhering to Form I-9 requirements is not just about saving a company from getting fined but also a testament to an organization’s commitment to ethical and regulatory hiring practices.

It can cause heavy fines and penalties, damage the organization’s reputation, and even criminal charges in case of egregious misconduct. This means that companies must go above and beyond in keeping their I-9 forms accurate and compliant to protect the company.

Trends in I-9 Audits

1. More Audits More Often: The DHS and ICE have conducted more business audits over the past few years, particularly given rising anxiety levels regarding immigration raids. The aim is to ensure that employers keep a legal workforce, and this trend should continue and/or escalate in changing political environments.
2. Accuracy is Key: Forensic examination of I-9 forms for accuracy in an audit is common practice to identify mistakes, including simple ones like dates or lack of information. Even the simplest mistakes can have consequences. This means that simple mistakes can lead to expensive fines, and therefore, organizations should continually review the forms and verify them.
3. Focus on High-Risk Industries: Some industries receive more focus, such as agriculture, hospitality, manufacturing, and construction. All of whom benefit from immigrant labor. Due to the higher levels of immigrant labor in these industries, HR professionals should conduct internal audits to ensure compliance and to be prepared for an audit.
4. Remote Work Considerations: With the increase in remote work comes a unique challenge with I-9 compliance for employers, including document verification requirements. Organizations should continue to be apprised of any new protocols that may require in-person verification since temporary COVID-19 flexibilities permitted the virtual option.

I-9 Audit: Tips on What You Should Do to Prepare

1. Perform Regular Internal I-9 Audits: Conducting self-audits allows organizations to find and fix I-9 paperwork mistakes before a formal audit occurs. You might also want to create an I-9 checklist so that you are aware of common mistakes and whether or not all fields requiring information are filled out.
2. E-Verify — a Verified Alternative: E-Verify is optional but provides a stronger verification by comparing the employee information with federal authorities. E-Verify is a requirement for employers in states that require it or are working on federal contracts but optional for all others who want to add an additional level of compliance assurance.
3. Conduct Regular Training: HR teams managing the I-9 process will need to be trained in the complexities of handling an I-9. Periodic training sessions help the staff to stay aware of any legislative and regulatory changes, preventing them from non-compliance by following outdated practices.
4. Develop a Record Retention Policy: The law requires I-9s to be kept for three years after the hiring date or one year after the employee has left, whichever is greater. A well-defined retention policy will help ensure that forms are retained for the period needed and securely destroyed once they are no longer required.
5. Learn about Regulatory Changes: Different political parties bring more changes with immigration, and I-9 compliance institutions must monitor updates from DHS, ICE, and U.S. Citizenship and Immigration Services (USCIS) to ensure their processes are compliant within the time being required.
6. Consider I-9 Compliance Software: However, with the transition toward digital solutions for managing I-9 forms, companies can minimize mistakes and enhance the auditing processes through a central system where all their I-9 forms are stored and quickly verified.
7. Seek Legal Guidance as Needed: Seeking legal guidance before an audit is on the horizon will help to ensure a successful audit. An employment law expert will be able to aid organizations in ensuring their I-9 practices align with legal requirements.

Remember — Compliance Is a Constant Process

All companies can benefit from a proactive, consistent approach to I-9 compliance. Through quarterly audits, solid practices, and remaining up-to-date with changes in regulations, organizations can avoid the risks of penalties, ensure compliance within the workforce, and be prepared for an I-9 audit at any point. Compliance is not simply the lesser of two evils when it comes to paying fines but rather a way of making sure that your workplace is legal, ethical, and values regulations. In an era of hardening immigration policy due to a changing political landscape, companies that take I-9 compliance seriously will be able to respond to audits and follow new regulations much more quickly.