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Would Your I-9 Forms Pass an ICE Inspection?

Jeff Andrews
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Published on Jul 25
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Ask yourself these questions. If you answer “no” to any, you would not pass an Immigration Customs and Enforcement (ICE) inspection.

1. Have you been using the new I-9 form (dated 3.8.13)?
As of May 7, 2013, only the 3.8.13 version of the I-9 Employment Eligibility Verification Form may be used.

2. Do you keep separate I-9 files for current employees and terminated employees?
I-9s for current employees must be kept separate from terminated employees. Additionally, I-9s for current employees cannot be kept in employee personnel files.

3. Do you regularly conduct self audits?
Correctable errors can, and should, be corrected during regular self audits. Any correction made should be initialed, dated, and noted, “per self audit.”

Errors on I-9s can carry penalties of up to $1,100 per violation, and in some cases, criminal penalties. Audits are on the rise. Consider this: there were only 250 audits in 2007. In 2011, ICE conducted 2,496 I-9 audits resulting in 221 employers criminally arrested and more than $10.4 million in fines. In 2012, these increased to more than 3,000 audits and $13 million in fines. Odds of getting audited are increasing, are you ready?

 

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