The Department of Homeland Security Ramps up I-9 Audits

In an April 30, 2009 news release, Secretary Napolitano issued guidance outlining the “focus of its resources on worksite enforcement”. Administrative and criminal arrests from Audits have risen nearly 750% between 2005 and 2008.  Penalties for a single incorrect I-9 can range from $250 to $1100.  That means that small businesses with just 10 employees could be faced with tens of thousands of dollars in penalties if they do not have properly completed I-9’s on file. 

Make no mistake, employers are square in the crosshairs of the government's drive toward more thorough immigration enforcement, regardless of whether they knowingly employ ineligible workers or not. And no industry or business sector is immune.

Why Do I Have to Perform Document Checks?

Section 274A of the Immigration and Nationality Act requires employers to verify that all employees are authorized to work and have established their identities using the Form I-9.

What Happens If I Correctly Complete an I-9 Form and Perform the E-Verify Query and ICE Subsequently Determines the Individual to Be Unauthorized to Work in the U.S.?

If the employee presented the employer with documents that reasonably appeared to be genuine and relate to the employee presenting them, you cannot be charged with a verification violation. This type of circumstance underscores the importance of why ICE is advocating participation in E-Verify for all employers.

Is the Form I-9 important to small business owners like myself?

Yes! Every U.S. employer must complete a Form I-9 for each and every employee they hire, no matter how many employees they hire.

What are the chances I'll be targeted for a Form I-9 audit?

You may think only the big guys get targeted for Audits. The truth is, “ICE” has significantly increased its reach and increased the scope of investigations of the enforcement arm, or in other words, increase audits.

Your responsibilities:

The latest I-9 form (revised 2/2/2009) can be downloaded for free at http://www.uscis.gov/i-9  

        Rev. 02/02/09. The revision date can be found on the lower right hand corner of the form. No previous editions accepted.

When should an I-9 be used:

        All employees, citizens, and noncitizens hired after November 6, 1986, and working in the united states must complete Form I-9.

Where to File:

        Do not file Form I-9 with U.S. Immigrations and Customs Enforcement (ICE) or USCIS. Form I-9 must be kept by the employer  either for three years after the date of hire or for one year after employment is terminated, whichever is later. The form must be available for inspection by authorized U.S. Government officials (e.g., Department of Homeland Security, Department of Labor, or Office of Special Counsel).

Important Highlights:

        Employees must provide non-expired original documents

        Employers cannot specify which document(s) from the list they will accept from an employee

        Employers must record in section 2:

              1.    Document title

              2.    Issuing authority

              3.    Document number

              4.    Expiration date, if any and

              5.    The date the employment begins