Employers Should Audit Their Forms I-9 NOW
Over the past years, there has been renewed attention to I-9 forms. The message to employers has become increasingly clear: worksite immigration enforcement is back and with potential penalties for business owners.
Employers should anticipate a substantial increase in Form I-9 inspections and workplace enforcement actions beginning now. Employers should not wait for a government inspection before evaluating their compliance. It will be too late.
ICE has revised its approach to Form I-9 violations by narrowing the types of errors considered merely technical or procedural. As a result, employers may have fewer opportunities to correct deficiencies after receiving a Notice of Inspection. This means check forms before an audit occurs. It will be too late then.
For many employers, the greatest exposure does not stem from knowingly employing unauthorized workers. Rather, it arises from incomplete, inaccurate, or improperly maintained Form I-9 records. Even employers with robust hiring practices frequently discover documentation errors during internal compliance reviews. Then under the new rules they have substantial penalties.
Steps Employers Should Consider
Conducting a privileged internal Form I-9 audit under the direction of counsel.
Correcting existing deficiencies in accordance with applicable ICE guidance immediately.
Reviewing onboarding, reverification, and document retention procedures at a timely basis.
Confirming that electronic Form I-9 systems comply with current Department of Homeland Security requirements.
Training human resources personnel responsible for completing and maintaining Forms I-9.
Establishing a response plan for an ICE Notice of Inspection or other worksite enforcement action.
By the time a Notice of Inspection arrives, an employer's ability to correct deficiencies may be significantly limited if at all. Companies that assess their compliance before a government audit are better positioned to respond to an inspection, minimize potential penalties, and demonstrate a good-faith commitment to compliance.
It is important to speak to McKernan Law sooner than later.
This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client.
For further information please contact me at www.kmckernanlaw.com kevin@kmckernan.com or 718-317-5007.