What triggers an I-9 audit?

An I-9 audit can be triggered for a number of reasons, including random samples and reporting by disgruntled employees (or ex-employees). Certain business sectors, for example food production, are especially susceptible to I-9 audits, and "silent raids" by ICE.

How common are I-9 audits?

Nearly 6,000 employers were I-9 audited in 2018, and some expect that number to shake out closer to 10,000 when the figures come in on 2020. $14 Million in fines were issued in 2019 for Form I-9 violations.

How often are I-9s audited?

Employers must maintain the I-9 of an employee for three 3 years after the date of hire or 1 year from the date of termination. Most importantly, it never hurts to pre-prepare. An I-9 audit can be as smooth process if an employer can stay in compliance.

What happens during an I-9 audit?

During the audits, Immigration and Customs Enforcement (ICE) inspectors review businesses' documentation regarding work authorization for their foreign employees. I-9 audits can have consequences for employers who fail to comply with the law.

What triggers an ICE audit?

If a terminated employee believes that he or she has been treated unfairly, or if a terminated employee believes that his or her job was lost to an undocumented worker, then that employee may choose to report the company to Homeland Security or ICE.

What is an I-9 Audit?

Who does an I-9 audit target?

U.S. Immigration and Customs Enforcement (ICE) has focused on creating a 'culture of compliance' by heavily relying on I-9 inspections to find and fine Employers who do not follow immigration laws regarding employment eligibility verification.

What is the fine for an incorrect I-9?

The range of possible penalties is regularly increased and now stands at: For 1-9 paperwork violations in 2022, the penalties range from $252 to $2,507 for the first offense for substantive violations or uncorrected technical errors. The range is $1,161 to $2,322 for second and subsequent paperwork offenses.

What should I look for in an I-9 audit?

Items Needed for Audit: ☐ List of current employees hired since November 6, 1986. ☐ List of employees terminated in the past three years. ☐ Original or electronic copies of all I-9 forms (both current employee forms, as well as forms for terminated employees within current retention requirements).

What is a substantive violation I-9?

Substantive errors are those that cannot be corrected because, as a result of the error or omission, the verification of the new hire's employment eligibility failed at the time the form was completed. An employer may receive a monetary fine for all substantive errors.

What happens if you fail E-Verify?

An employee who violates the new E-Verify law may face a civil penalty of up to $10,000 for each violation. “Each unlawful use of the E-Verify system on an employee or applicant constitutes a separate violation.”

What if an employee never completed an I-9?

How do I fix the situation? Generally, once an employer discovers an employee does not have an I-9 on file, it should contact that employee, explain that the I-9 was never created for him or her, and provide that employee with the I-9 instructions and the List of Acceptable Documents.

When can you destroy an I-9?

An employer can destroy a former employee's I-9 records one year from the date of termination or three years from the date of hire, whichever is later. To avoid confusion, it is recommended that employers keep I-9 files in separate and secure folders.

What happens if I-9 is not completed in 3 days?

If the new hire does not present acceptable identification documents by the end of three business days after the first day of work for pay, you may terminate the employee for failing to complete the I-9 form.

What is the penalty for not using E-Verify?

First-time offenders with knowing violations are subject to a $500 company penalty as well as a $500 fine for each employee and non-employee the company failed to verify. For repeat offenders, the penalties may rise to as high as a $2,500 company fine plus and additional $2,500 for each employee.

Who enforces I-9 compliance?

Immigration and Customs Enforcement (“ICE”) is one of the main agencies that enforces this federal law, often by conducting I-9 audits, and with increasing regularity through work site raids (even during the COVID-19 pandemic).

What happens if you lie on an I-9 form?

Yes, Checking a Box on Form I-9 Counts as a False Claim to U.S. Citizenship. As mentioned above, lying about being a U.S. citizen in order to work is one of the ways in which a person can become inadmissible.

What are employer sanctions?

The employer sanctions provisions of the Immigration Reform and Control Act of 1986 (IRCA) prohibit employers from hiring, recruiting, or referring for a fee aliens known to be unauthorized to work in the United States.

What is the penalty for employing illegal workers?

What is the penalty for working illegally in UK? Employers can face fines of up to £20,000 per illegal worker, and in some cases up to 5 years in prison.

Are employers required to verify I-9?

To comply with the law, employers must: Verify the identity and employment authorization of each person they hire; Complete and retain a Form I-9, Employment Eligibility Verification, for each employee; and. Refrain from discriminating against individuals on the basis of national origin or citizenship.

Can an employer E-Verify existing employees?

Unless an employer is a federal contractor with a federal contract containing the FAR E-Verify clause, it cannot use E-Verify for existing employees.

When can an employer ask for I-9 documents?

The employer must complete Section 2 of Form I-9 by the end of the third business day, or within 72 hours after employment commences, even if the employee is not scheduled to work for some or all of that period.

How do employers verify I-9?

Due to the coronavirus outbreak, DHS allowed remote I-9 verification of the original documents through an electronic medium, such as an online meeting, email, or fax, provided employers retain copies of the documents, and complete the Form I-9 within three business days of an employee starting work.

How long does an employer have to verify I-9?

Employers must complete and sign Section 2 of Form I-9, Employment Eligibility Verification, within 3 business days of the date of hire of their employee (the hire date means the first day of work for pay).

How do I fix an I-9 mistake?

To correct multiple errors in one section, you may redo the section on a new Form I-9 and attach it to the old form. You can also complete a new Form I-9 if it contains major errors (such as entire sections that were left blank or you completed Section 2 based on unacceptable documents).