Clark Immigration Law

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I-9 Audits Resume - Are Your Records in Shape?

Companies are once again checking their I-9 records - and they’re not always liking what they see. Have you taken the time to do an I-9 self-audit and find out where you stand?

ICE had placed a hold on its I-9 audits over the summer, due to the COVID-19 pandemic and safety concerns. But that hold was lifted on August 19, when employers who had already received a Notice of Inspection were required to submit their I-9 forms for review. ICE will also be looking to resume their on-site visits, where they hand you a Notice stating you have 3 days to turn over your I-9 records for government audit.

Are your I-9 records in good shape? If you had 3 days to turn them over to ICE would you feel comfortable, or would you be anxious? Now is the time to take a look at your files and get them in order. If ICE reviews them, they can fine you hundreds or even thousands of dollars for each form that has a mistake - what is commonly referred to as paperwork violations. That’s right, you could have an I-9 on file for each employee and you could have a completely legal workforce, but still face tens of thousands of dollars in fines, or hundreds of thousands of dollars in fines, for technical mistakes on the forms.

The good news is that many of these mistakes can be corrected, and the fines avoided. But you have to know where to look. One often overlooked area is the use of electronic systems for I-9 completion. The government guidelines for such systems are sparse, and major employers have been tripped up in an audit where ICE determined the systems didn’t meet their (unclear) requirements.

Give us a call today to set up an internal audit, so you can feel confident in your systems if ICE appears at your door.