EMP Trust provides professional support to your in-house I-9 audits.
In the Fiscal Year 2019, the Immigration and Customs Enforcement (ICE) carried out over 6,400 Form I-9 audits. This led to organizations being fined millions of dollars.
Typical errors made when filling out Form I-9:
Even minor errors on your I-9 Forms can lead to substantial penalties. Fines can range from a minimum of $224 to a maximum of $22,927 per violation for each I-9 form.
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- Incomplete Forms: There could be instances where employers overlook filling in the candidate’s name in section-2 or neglect to complete the section pertaining to the preparer/translator.Â
- Missed Deadlines: There are instances where employers do not manage to fill out the Form I-9 within the first 3 business days of employment.Â
- Signature & Date: The form may be rendered invalid if the employer or employee overlooks signing it after completion.Â
- Incorrect I-9 Version: It’s crucial to use the correct version of Form I-9, which corresponds with the employee’s hire date, just as it’s important to complete the form.Â
- Incorrect Supporting Documents: Employers might overlook verifying the authenticity of the provided supporting documents and could potentially accept incorrect or false documents.Â
Safeguarding Against ICE Audits & Penalties:
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In-house I-9 Reviews: Internal audits play a pivotal role in ensuring adherence to I-9 requirements. They offer an opportunity for a thorough review of the forms, detection of any missing I-9s, and identification of possible mistakes. Although not legally mandated, employers might opt for internal audits to maintain continuous compliance with the employer sanctions clause of the INA.
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Employers can decide to examine all Forms I-9 or select a subset of them based on neutral and non-discriminatory criteria for review.
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Who is Eligible to Perform this Task?
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Employers have the ability to carry out internal I-9 audits by adhering to the procedures outlined by ICE, and EMP Trust can provide assistance in this process.Â
