Address Your I-9 Questions and Concerns Before Official Audit
News July 17, 2023
Following the government’s recent announcement, now is the time for companies to conduct a self-audit of all Form I-9s. This crucial step ensures compliance with regulations for remote work established after August 30.
To minimize Form I-9 errors, limit the people responsible for its compliance. A smaller, focused team increases expertise and ensures proper completion of the Form. This became especially pertinent as the pandemic disturbed standard operations, elevating noncompliance risks. As we move beyond the pandemic’s administrative demands, an internal I-9 audit helps verify and update records, offering a buffer against potential federal audits.
While it may not be possible to correct all deficient Forms, especially from former employees, the audit serves as a good-faith effort to correct as many errors as possible, safeguarding against penalties for violating the Immigration Reform and Control Act of 1986 (IRCA).
Employers are required to maintain a Form I-9 for all active employees hired post-November 7, 1986. For former employees, these forms must be kept for three years from the hire date or one year from the termination date, whichever is later. Never discard an active employee’s Form I-9.
Good-faith compliance acts as a primary defense in legal situations. This includes annual training for I-9 handlers, adopting standard I-9 processes, and immediate correction of identified errors. Documentation of these efforts proves your company’s good-faith response during a federal audit.
Performing an internal audit affords the company the leisure of reviewing I-9s at its own pace, a significant advantage over complying with the 10-day notice before an ICE audit. Start your audit by comparing payroll records against I-9 records, ensuring you have an I-9 for every current and recently separated employee. Remember, copies of identity documents should align with company policy.