Please ensure Javascript is enabled for purposes of website accessibility

Guidance for Employers: Internal I-9 Verification Audits To Strengthen Immigration Compliance

The U.S. Immigration and Customs Enforcement provides guidelines to assist employers to voluntarily conduct internal I-9 verification audits. These audits may consist of reviewing all Forms I-9 or a sample of Forms I-9 based on neutral and non-discriminatory criteria in order to avoid the perception of discriminatory or retaliatory audits.

Important and essential considerations employers should define prior to the audit include: the internal audit purpose and scope, communicating information in writing to employees specifically, the reason for the internal audit whether independent or in response to a government directive, and what to expect from the process. Employers should be prepared to respond to employee questions and concerns, and how it will establish privacy standards to address Form I-9 deficiencies with employees upon completion of the audit.

Common deficiencies found in internal I-9 verification audits include errors or omissions on Section 1 of the employee?s Form I-9, errors or omissions in Section 2 and 3 of the employer?s Form I-9, non-completion of the certification block when a preparer/translator helped complete the Form I-9, concealed or erased text, including correction fluid, using an outdated version of the Form I-9 at the time of hire, and backdating the Form I-9.

The standard established by the U.S. Immigration and Customs Enforcement regarding original Form I-9 documentation is that it must appear to be reasonably genuine and relate to the individual presenting the documentation. An employer must have foundation to conclude that a document is not genuine, and does not relate to an individual. An employer who addresses this concern with an employee must provide the individual with an opportunity to choose a different document to present from the Lists of Acceptable Documents. Employers should not request specific documents simply because the particular document in question cannot be used for Form I-9 purposes.

Employers are provided with specific time periods to address issues such as an alternative documentation, an individual?s unlawful employment status, employment termination, and actual or constructive knowledge that an employee is unauthorized to work.

Employers who structure and implement internal I-9 verification audits in a manner consistent with the employer sanctions and anti-discrimination provisions of the Immigration and Nationality Act (INA) should know that internal audits do not insulate employers from liability, fines and penalties. We invite you to contact Allen Barron or call today for a free consultation at 866-617-3522 to help with your business employment compliance needs.? Learn how our tax, accounting and legal services team can work with you to protect your business and enhance profitability.