Guide to Conducting an I-9 Audit with EMPTrust HR Solutions

Understanding an I-9 Audit

The U.S. Immigration and Customs Enforcement (ICE) ensures employees are authorized to work in the U.S. The Immigration Reform and Control Act (IRCA) of 1986 requires employers to verify identity and work eligibility via Form I-9. An I-9 audit reviews these forms to ensure compliance, helping avoid ICE audits and penalties. EMPTrust’s solutions streamline this process, creating a secure audit trail.

Steps to Perform an I-9 Audit

Follow these steps to conduct an effective I-9 audit:

Step 1: Compile a List of Employees Since November 6, 1986

List all employees hired since the IRCA’s enactment, noting Form I-9 completion status.

Step 2: Gather All I-9 Forms

Collect I-9s for current employees, those hired since 1986, and terminated employees within three years. Use EMPTrust’s digital platform for secure storage and access. Contact employees for missing forms.

Step 3: Review I-9 Forms

Audit all three sections of each I-9 for accuracy using EMPTrust’s error-detection tools. Verify employee and employer details, including work authorization documents.

Step 4: Correct Errors

Fix errors electronically with EMPTrust or attach notes to paper forms, following USCIS guidelines. Initial and date corrections to maintain a compliant audit log.

Step 5: Finalize the Audit

Organize forms, document the audit process, and store logs in EMPTrust’s platform for future reference and ICE audits.

I-9 Audit Checklist

Section 1: Employee Information

• Name, address, date of birth, Social Security number

• Immigration status, signature, and date

• Translator/preparer details (if applicable)

• Completed by first day of work

Section 2: Employer Verification

• Valid List A or B/C documents

• Complete document details

• Employment start date, business info, and representative signature

• Completed within three business days

Section 3: Reverification/Rehires

• Updated for expired authorizations, rehires, or name changes

Common I-9 Audit Mistakes

• Late or incomplete forms

• Incorrect documentation

• Accepting invalid IDs

• Poor record storage

• Missing signatures/dates

• Untrained staff handling I-9s

Good-Faith Practices:

• Create an I-9 SOP manual

• Conduct annual audits with EMPTrust

• Train staff yearly on I-9 processes

I-9 FAQs

What’s Needed for an I-9 Audit?

• Employee data since 1986 (names, IDs, start/end dates)

• All I-9 forms (current and terminated)

• EMPTrust for verification

How Often Do Audits Occur?
ICE audits are unscheduled but may follow complaints or data triggers.

Is I-9 Verification Mandatory?
Yes, required for all employees under IRCA, with fines for noncompliance.

How Long Does I-9 Processing Take?
Complete Section 1 on hire date, Section 2 within three days, with document verification.

What Happens If You Fail an Audit?
Fines ($272–$27,018 per violation), criminal penalties, or business suspension.

Does I-9 Include Background Checks?
No, I-9 verifies work eligibility only.

Can Someone Work Without an I-9?
No, except independent contractors.

Is Skipping I-9 Illegal?
Yes, risking fines and reputational damage.

How to Report Violations?

• Employers: 888-897-7781, [email protected]

• Employees: 800-255-7688, [email protected]

Streamline compliance with EMPTrust’s I-9 and E-Verify solutions. Schedule a demo!