How to Conduct an Internal I-9 Audit

As an employer, you must ensure that your employees are authorized to work in the U.S. You must collect I-9 forms and review the supporting documentation your workers provide to verify their eligibility to work. Irregularities can lead to fines and other consequences.

Performing periodic audits is an excellent way to prevent problems. Speak with one of our talented immigration attorneys at Monty & Ramirez LLP about how to conduct an internal I-9 audit and respond to any issues the audit reveals.

Why Conduct Internal Audits?

If Immigration and Customs Enforcement (ICE) or the Department of Labor conducts an I-9 compliance audit and finds violations, your business could potentially face fines. Business closure and even criminal charges are possible.

Establishing a policy to conduct periodic internal compliance checks is wise. Doing so can minimize the stress of an ICE inspection or raid because you can be confident that the paperwork is in order.

Our attorneys at Monty & Ramirez LLP have decades of experience helping businesses develop effective I-9 compliance protocols. They could evaluate your business operations and tailor an internal compliance audit system to your business and its specific vulnerabilities.

Focus on the Most Common I-9 Compliance Problems

When developing an internal I-9 compliance audit system, it makes sense to consider how other companies are finding themselves in conflict with the law and regulations. The U.S. Citizenship and Immigration Services (USCIS) publishes information about self-audits and common mistakes on its website. You can use that information to focus your compliance efforts.

For example, government auditors often find errors in Section 1 of the I-9, which the employee completes. Specifically, the government is concerned about employees misrepresenting their status, claiming more than one basis for work authorization, or failing to include their USCIS number or Form I-94 admission number. When reviewing employee files as part of an audit, you can look specifically for these errors and approach the worker to correct them.

Common mistakes in Section 2 include failing to record the type of documents a worker presents and omitting the document title, issuing authority, or date of issuance or expiration. Similar documentation errors also appear in Section 3 during reverification or rehire. If your compliance audit reveals mistakes in the portions of the Form I-9 that the employer must complete, consulting with a business immigration lawyer could help ensure corrections follow proper federal procedures.

Pay Attention to Timing and Retention Requirements

The law requires the worker to complete Section 1 of the I-9 on their first day of work, and the employer must complete Section 2 within three days of the employee’s start date. If the worker is still employed when their work authorization expires, the employer must complete Section 3 in Supplement B before the expiration date. Employers must retain the completed form for three years or one year beyond the worker’s last day of employment, whichever is later.

Delays in completing the forms or misstating the employee’s start date are easily preventable problems that an audit should identify. When a worker is only authorized to work until a specific date, keeping track of that date and reminding the worker to present their reauthorization documents before their authorization expires is critical.

Your review will likely reveal some areas that need improvement. If you need help developing procedures to prevent the I-9 compliance issues your internal audit exposed, contact one of our attorneys.

Contact Monty & Ramirez LLP To Assess Your I-9 Compliance

Ensuring your I-9 collection and verification protocols are effective is a relatively simple way to avoid fines and other consequences of non-compliance. At Monty & Ramirez LLP, we have been helping businesses with immigration compliance issues for more than 25 years. Contact us today to learn how to conduct an internal I-9 audit.