Do you have correct I-9 forms for all of your employees?

Employers are required to complete and retain I-9 forms for all employees. This is the document that employees and employers must sign within 3 days of starting employment to verify that they have the right to work in the US.  I-9 forms are required whether you have 1 employee, 1,000 or more.  The only time you do not need an I-9 is for employees hired before November 7, 1986, independent contractors or private, casual, domestic employees who work on an irregular basis. 

I-9 forms are confusing and filled with pieces that are easily misunderstood.  The form has a section to be completed by the employee, specific space for listing the documents that the employer reviews to verify employment eligibility and a certification signed by the employer confirming that they have checked eligibility.  Whenever I complete an HR audit I find missing or incorrect information on I-9 forms.  The most common mistakes are missing dates of hire, inconsistent information in the employee section and incorrect recording of document specifics.

Incorrect I-9s can result in administrative fines.  Knowingly hiring illegal immigrants can lead to criminal convictions.  US Immigration and Customs Enforcement (ICE) is responsible for enforcing immigration laws.  In 2007 ICE secured more than $30 million in fines as a result of workplace related enforcement.  ICE has stepped up efforts to target employers who knowingly hire illegal aliens.  Earlier this week 160 employees were arrested at a rag exporting company in Houston. The company’s hiring practices are now under investigation. 

Don’t think you are exempt from concern because you don’t have a large workforce, or hire few immigrant employees.  ICE investigations can be triggered by an employee complaint directly to the agency.  All it takes is one unhappy employee or disgruntled former employee.  During an investigation employers must produce completed I-9 forms.  Agents will look for problems and while fines may not be huge an investigation is a time consuming hassle.

ICE recommends that employers use E-Verify, an Internet-based system operated by U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration (SSA). E-Verify uses an automated link to federal databases to help employers determine employment eligibility of new hires and the validity of their Social Security numbers.  I-9 forms that have already been completed can be corrected.  Training and regularly scheduled audits are also recommended by ICE.

Are you confused yet?  It’s not hard when you face this maze of information.  I wrote the content for AHI’s Complete I-9 Compliance Kit and can report that figuring out how many colors green cards can come in was only part of the headache.  I will be providing step by step guidance on the topic in a live web conference on July 8^th, I-9 Compliance Audit 2008: How to Avoid Form I-9 and Document Verification Mistakes.  Sign up for the conference, get your questions answered and avoid a few headaches.