Under the new Administration, it is expected that immigration laws will change and there will be a significant increase in I-9 audits. Therefore, it is important for organizations to take measures to ensure that they are in compliance should an audit take place.
In order to prepare for these audits and minimize potential risk, organizations can take the following proactive measures:
Conduct an Internal I-9 Audit
Every employee within an organization must have a completed I-9 Form on file proving that they have the right to work in the U.S. When conducting an internal audit, it’s important to ensure that not only do employees have the form on file, but that your organization is using the correct version of the form, that the form is complete, and that any identified errors are corrected using proper I-9 correction procedures. It is also important to ensure that retention rules are followed when maintaining records of past employees.
Register with E-Verify
E-Verify is an electronic system that allows employers to verify I-9s against current government records to ensure that employees have the right to work in the U.S. While participation in E-Verify is voluntary, it’s a great way to feel confident that your organization is properly following immigration and employment laws, and that your risk during an I-9 audit is as low as possible.
Ensure Contractors Have Employment Authorization Policies
Many organizations engage contractors to complete projects or provide services. It is important that the contractors your organization partners with follow employment laws and verify I-9s for their own employees. This way, you can feel confident that subcontractors working with your organization do not pose a risk.
Remember to Reverify Workers with Expiring Work Authorization
While I-9’s should be verified for all employees when initially hired, it’s important to remember that some employees may need to be reverified if their work authorization is set to expire. The best way to ensure reverification isn’t missed is to perform an internal I-9 audit annually.
In the event an I-9 audit is conducted at your organization, the following steps are recommended to ensure compliance and a timely response:
Review the Notice of Inspection (NOI)
Carefully review the NOI, noting that typically employers have three business days to provide the requested documents. However it’s also important to note that an NOI could include additional requests, such as payroll records. Be sure to read through the NOI thoroughly and identify all information that is being requested.
Notify Key Personnel
When a Notice of Inspection is received, all key personnel should be immediately notified. This typically includes Human Resources, compliance officers, and legal counsel. If your organization happens to work with an immigration attorney, then it is important they are also consulted throughout the audit process.
Gather Documents
Collect all requested documents for current employees. If requested, your organization may also need to provide documents for past employees (which is why it’s imperative that your organization follow the correct record-keeping procedures). During this process your organization may conduct an internal audit and correct minor errors following the appropriate procedures. Be sure to consult legal counsel every step of the way.
Submit Documents to ICE
Provide the documents to U.S. Immigration and Customs Enforcement (ICE), making sure you’re providing all requested information and that the documents are well organized. It is also important to make copies of all submissions and maintain them for your organization’s records.
Address Identified Violations
Immediate corrective action should be taken if any errors or missing documents are identified by ICE. If fines or other penalties are assessed to your organization, be sure to consult legal counsel and determine if an appeal is warranted.
While changes in immigration laws can impact organizations in many ways, ensuring compliance in anticipation of an I-9 audit is just one way Human Resources can mitigate risk.
If your organization needs support with preparing for a potential I-9 audit, Cause Capacity can help! Reach out today to learn more about how we can support your organization with developing compliance policies and procedures, conducting internal I-9 audits, enrolling in E-Verify, or navigating updated labor and employment laws.
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