The new administration is quickly changing immigration policies, and U.S. employers should prepare for stricter enforcement of work authorization rules. Understanding your responsibilities as an employer is very important, particularly around Form I-9 compliance.

Why This is Important for Employers

Federal law requires all employers to verify that their employees are authorized to work in the United States by completing Form I-9. Some employers may also use E-Verify, which is an internet-based system that compares information from Form I-9 to government records, then confirming work eligibility.

U. S. Immigration and Customs Enforcement (ICE) is expected to increase Form I-9 audits since that’s the most common way to enforce employment eligibility verifications and must be completed within three days of every employee’s date of hire.

Explaining an I-9 Audit

An I-9 audit is when ICE inspects an employer’s I-9 forms to verify their employees are eligible to work legally. Employers usually get a Notice of Inspection and have three business days to submit their forms and supporting documents.

Failure to comply with I-9 requirements can lead to high fines, revoking business licenses, and even imprisonment for employers who knowingly hire unauthorized workers. Fines for errors on I-9 forms can reach $2,789 per violation. Knowingly employing unauthorized workers can lead to penalties over $27,000 per violation.

Best Practices for Employers

To reduce your risk of violation and demonstrate intent to comply, here are a few steps employers should take:

  1. Verify that all employees hired after November 6, 1986, have on file properly completed Form I-9s.
  2. Performing ongoing internal audits with the help of legal counsel can help identify and correct discrepancies before an ICE inspection such as incomplete forms, missing signatures, and document errors.
  3. Train HR staff on how to complete I-9 forms correctly, how to identify acceptable documents, and how to recognize issues that may require further attention.
  4. Using E-Verify can help demonstrate intent to comply in verifying employee work eligibility.
  5. Designate a trained team to handle ICE visits that knows how to review warrants, document agent actions, and contact legal counsel immediately.

Navigating Compliance Complexities

If you’re unsure about your current level of compliance, start by conducting self-audits. Legal experts recommend correcting any technical errors properly, without using correcting fluid/tape or backdating information and documenting all changes.

Staying proactive with regular audits and employee training can protect your company from costly penalties and disruptions.

For over 30 years, UniqueHR has helped businesses comply with ever-changing regulations and ongoing legal requirements. Please reach out to us at 800.824.8367 for a free consultation to see how we can help you with HR related tasks. You don’t have to figure it out on your own.

This communication is for informational purposes only; it is not legal, tax or accounting advice; and should not be acted upon as such.