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 for 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 focus on ensuring that employers comply with the law amid 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 complete for each individual they employ to determine whether 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 result in heavy fines and penalties, damage the organization’s reputation, and even lead to criminal charges in cases 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 in recent years, particularly amid rising anxiety over immigration raids. The aim is to ensure that employers maintain a legal workforce, and this trend should continue and/or intensify amid 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 such as incorrect dates or missing information. Even the simplest mistakes can have consequences. This means that simple mistakes can lead to expensive fines; therefore, organizations should continually review and verify the forms.
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. Given the higher levels of immigrant labor in these industries, HR professionals should conduct internal audits to ensure compliance and be prepared for an audit.
4. Remote Work Considerations: With the increase in remote work comes a unique challenge for employers regarding I-9 compliance, including document verification requirements. Organizations should continue to be apprised of any new protocols that may require in-person verification, as temporary COVID-19 flexibilities previously 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 identify and correct I-9 paperwork errors before a formal audit occurs. You might also want to create an I-9 checklist so you are aware of common mistakes and whether all required fields are filled out.
2. E-Verify — a Verified Alternative: E-Verify is optional but provides stronger verification by comparing employee information with federal databases. E-Verify is a requirement for employers in states that require it or are working on federal contracts, but it is 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 training on the complexities of handling an I-9. Periodic training sessions help staff stay aware of legislative and regulatory changes, preventing non-compliance from outdated practices.
4. Develop a Record Retention Policy: The law requires I-9s to be retained for 3 years after the hiring date or 1 year after the employee leaves, whichever is longer. 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 changes to immigration, and I-9 compliance institutions must monitor updates from DHS, ICE, and U.S. Citizenship and Immigration Services (USCIS) to ensure their processes remain compliant within the required timeframe.
6. Consider I-9 Compliance Software: With the transition toward digital solutions for managing I-9 forms, companies can minimize mistakes and enhance auditing processes through a central system that stores and quickly verifies all their I-9 forms.
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 can help organizations ensure their I-9 practices comply 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, sound practices, and staying up to date with regulatory changes, organizations can avoid penalties, ensure compliance across the workforce, and be prepared for an I-9 audit at any time. Compliance is not simply the lesser of two evils when it comes to paying fines, but rather a way to ensure that your workplace is legal, ethical, and upholds regulations. In an era of hardening immigration policy amid a changing political landscape, companies that take I-9 compliance seriously will be able to respond to audits and comply with new regulations much more quickly.