I-9 Compliance Tips for Employers

Federal law requires that all employers verify the eligibility of new employees to work in the U.S. by completing Form I-9, the Employment Eligibility Verification form. This must take place within three days of the new employee reporting for work.

Failure to accurately complete Form I-9 can lead to costly fines for employers; to be sure you are compliant in the event of an inspection by U.S. Immigration and Customs Enforcement (ICE), you should:

• Be sure to verify the work eligibility of all employees, whether or not they are U.S. citizens. If an employee has a temporary work authorization, his or her employment status must be re-verified upon expiration of the temporary work authorization.

• Ensure that whoever is responsible for I-9 compliance in your company understands the importance of compliance and how the process works. Errors are not uncommon and can lead to fines, so be sure your compliance personnel are thoroughly trained.

• Remember that employees hired to work at remote worksites must be verified, which can pose problems since you are required to inspect a worker’s documents in person. The law does not allow you to verify work documents by email, fax or Skype. If you are relying on a site manager to complete the I-9 process, be sure they are fully trained and recognize the importance of strict compliance with the law.

• Periodically conduct internal audits on I-9s already on file to ensure they don’t contain any errors and to ensure that every employee has an I-9 on file.

• Be aware that employers are typically only given three days’ notice of an ICE inspection, so a response plan is critical to ensure you respond to inquiries appropriately. Having a plan in place can greatly reduce the chance you will be held liable for inaccurate or missing information.