4 Steps to Ensure I-9 Compliance and Prepare for an Audit

Author, Jadyn Brandt, Client Communications Coordinator, Rancho Mesa Insurance Services, Inc.

The Trump administration has placed a strong emphasis on immigration policy. Significant changes to employment-based immigration and work authorization are anticipated to take effect within the next four years. For employers, this means I-9 compliance should be a top priority in order to avoid costly fines.

All employers in the United States are required to complete and maintain Form I-9 for each employee as proof of work authorization status. Businesses can be audited for I-9 compliance at any time. If your business is selected for an audit, you will have three days to provide documentation to U.S. Immigration and Customs Enforcement (ICE) inspectors.

Implement these four steps to ensure your business is in compliance before an audit takes place:

1. Complete I-9 forms for all employees

Documentation is required from both employees and employers. Employees should provide employers with proper documentation and proof of work authorization. Section 1 of Form I-9 will need to be completed by the employee. Employers will need to verify the validity of those documents and enter necessary information into the employer’s own records, in Section 2 and Supplement B of Form I-9.

Rancho Mesa clients can access additional guidance for completing the Form I-9 in the RM365 HRAdvantage™ portal to ensure record-keeping compliance.

2. Conduct an internal audit

Conducting an internal audit can help catch any errors before a formal audit occurs. Depending on the size of your business, you may want to audit all employee I-9 records, or for really large companies, just audit a portion of your records. Check for any errors or omissions in I-9 forms, ensure all forms are compliant with current Form I-9 requirements, and dispose of any expired I-9 forms. Regular internal audits can help ensure your business is prepared in the event of an official audit.

3. Correct any I-9 errors

If you do find any errors through an internal audit, be sure to correct them right away. To correct Form I-9 in accordance with U.S. Citizenship and Immigration Services (USCIS) guidelines simply:

• Draw a line through the incorrect information

• Enter the correct information

• Initial and date the correction

Errors made in Section 1 must be corrected by the employee, and errors made in Section 2 or Subsection B will need to be corrected by the employer.

4. Store I-9 forms and related documents in a secure location

I-9 forms contain sensitive information and should be kept in a safe and secure location. USCIS requires I-9 forms for each employee must be kept by an employer “for three years after the date of hire, or one year after the date employment ends, whichever is later.”

If an audit conducted by ICE does find your business to be in violation of I-9 requirements an employer could face fines worth tens of thousands of dollars. Repeat violations could also lead to criminal charges.

For questions about keeping your business in compliance with Form I-9 requirements, use the RM365 HRAdvantage™ portal to contact an HR expert.