an internal I-9 compliance policy and
mandate that it be followed by all hiring
supervisors to ensure consistency in
handling I-9s. Note, there was a new I-9
form issued in 2017. Be sure it is used
with all new hires. Also, employers must
mandate the re-verification of temporary
employment authorizations.
Conduct an I-9 self-audit
once a year
It is wise for business owners to conduct
an I-9 self-audit annually to be sure their
records are in top shape for an audit. This
is especially true for business owners who
delegate the responsibility to complete I-9s
to another employee. A second review will
usually find some errors.
In addition to examining each form to
be sure it is correctly filled out, employers
should check whether I-9s on former
employees are properly retained, how nomatch
communication from the government
has been handled and whether reverification
procedures are on schedule.
If you find any errors, initiate correction
procedures immediately.
Be prepared for a Form I-9 audit
Audits are conducted both by ICE and,
on a cursory level, by the Department of
Labor. In either case, employers are entitled
to three days’ notice before an I-9
audit. If you receive notice of an audit,
immediately contact your employment
or immigration lawyer. They will protect
you from inadvertently making mistakes
with the auditor. Then work with your
lawyer to conduct an I-9 audit immediately
and correct any errors before the
audit begins.
LEGAL
Additionally, general
contractors should
contractually require
subcontractors to
accept as much of
the responsibility as
possible for labor
immigration issues.
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