Best Practices for I-9 Compliance
In October 2017, Tom Homan, acting director of the Immigration and Customs Enforcement agency (ICE), instructed the agency to increase the number of I-9 audits of U.S. employers nearly fivefold.
Since October 2017, ICE has relied on I-9 inspections to discover and impose penalties on businesses that have not appropriately verified employment eligibility. The number of companies that have had their I-9 processes audited every year has skyrocketed from a few hundred to thousands. Fines for simple errors, such as incomplete forms, range from $110 to $1,100 per violation. Fines increase to $375 to $14,050 per violation for knowingly or continuing to employ unauthorized workers.
Given ICE’s increased and intense focus on compliance – every employer should be prepared. Being prepared not only necessitates a thorough comprehension of the complex maze of compliance requirements but also understanding the proper procedures for conducting an internal I-9 audit. Being proactive to ensure your company is compliant is the easiest way to prevent potential fines or penalties from ICE.
Best Practices for I-9 Compliance
Select an HR leader or HR business partner to corral your I-9 process, as well as maintain responsibility for creating procedures for proper completion and retention of the form.’
Ensure that any employees responsible for the I-9 forms are well trained and fully comprehend anti-discrimination practices. They should have substantial knowledge of the federal guidelines around the I-9 process, as well as in-depth familiarity with the M-274 Guidance for Completing Form I-9 handbook.
Ensure you have a system in place to track immigration statuses and to ensure that re-verification is completed in a timely fashion.
Employees who telecommute must still complete Section 1 of the Form I-9 and have their identities and/or work authorization documents reviewed in person by HR or your HR business partner. Simply scanning or photocopying documents and emailing them is not allowed. It’s important to provide clear instructions to new hires about properly completing the I-9 process.
Conduct an annual self-audit to help ensure continued compliance with I-9, and E-Verify rules. You can find guidance online for correcting errors or omissions on various sections of the I-9, as well as how to manage lost, incomplete, or outdated I-9s.
For more insight and information on how your organization can be better prepared, visit the XFLLetter.com website!