The Department of Homeland Security’s Immigration and Customs Enforcement Agency (ICE) has announced that it will audit the I-9 forms of thousands of businesses in the coming years. With potential fines of $110 to $1100 for each violation found on an I-9 form, no matter how innocent, companies must ensure that their I-9 forms are error-free. Here are the 10 most common mistakes employers make that can costs thousands if left uncorrected.
Mistake #1 - The Employer and/or employee fails to sign and date the I-9 forms where indicated on the form.
Mistake #2 - The employee fails to complete section 1 of the I-9 Form on the first date of work.
Mistake #3 - The Employer does not examine the I-9 documents and fails to complete section 2 of the I-9 form with three business days of hire.
Mistake #4 - The Employer leaves the start date for work blank in the “certification” block of section 2.
Mistake #5 - The employee does not mark one of the four blocks in section 1 regarding his or her status or fails to provide the necessary information for the third and fourth blocks. The employee must indicate whether he is a U.S. citizen, noncitizen national, permanent resident, or otherwise authorized to be employed.
Mistake #6 - The Employer forgets to track the expiration date of work authorization and does not re-verify an employee’s employment authorization on or before the expiration date listed on the I-9 form.
Mistake #7 - The Employer over-documents and lists too many documents in section 2. This could lead to a discrimination charge against the Employer.
Mistake #8 - The Employer looks at photocopies rather than original verification documents. The employee must present original documents and the Employer should never accept photocopies of documents for verification.
Mistake #9 - The Employer fails to match the employee’s verification documents - the Employer should look for a match and consistency in the employee’s name and date of birth on the documents.
Mistake #10 - The Employer fails to consistently apply its photocopying policy. The law does not require Employer to make copies of verification documents; however, if the Employer does make copies, it must make copies for all employees, not just some. And, any copies of verification documents must be kept with the I-9 form and nowhere else.
An internal audit of your I-9 forms can uncover these mistakes and correcting them before a government audit can save you thousands!
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This information is provided as an educational service by Ann Massey Badmus of Badmus Law Firm. If you have questions about how to conduct an internal I-9 audit or other immigration rules that challenge or affect your business, you are invited to call or email me at 888-849-9104. |
