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ICE Steps Up I-9 Audits
ICE Steps up I-9 Form Audits
What is ICE doing?
On Wednesday, July 1, 2009, Immigration and Customs Enforcement (ICE) issued 652 notices to businesses requiring employers to produce their I-9 forms for review by ICE agents. Employers who receive these audit notices will have 72 hours (i.e., 3 days) in which to produce the I-9, the Employment Eligibility Verification Form. Technical and procedural violations found with the I-9 form can result in penalties, both criminal and administrative, and even a full-blown ICE investigation. http://www.ice.gov/pi/nr/0907/090701washington.htm
What is an I-9?
The I-9 is the Employment Eligiblity Verification Form required by law for the verification of an employee’s authorization to legally work in the United States. Employers should be using the most recent version of the I-9 which was revised on 2/2/2009. While the I-9 was due to expire on 6/30/2009, it is currently valid pending final approval of its extension by the United States Citizenship and Immigration Services (USCIS). Each employee that works for a business should have completed an I-9. http://www.uscis.gov/files/article/update_employ_eligible_i9.pdf
What should employers do when they receive a Notice of Inspection?
If you are a business that received a Notice of Inspection, you have the right to produce the I-9s within a three day period. Do NOT waive that right. Instead, contact legal counsel immediately to review the I-9s for any potential violations and to correct any unintentional deficiencies found on the I-9s. By using the three day period to self-inspect the I-9s before producing them, employers can reduce their liability. Therefore, when providing ICE with the I-9s, the possibility of ICE finding any violations and issuing fines decreases. Remember that each I-9 violation can result in a monetary penalty between $110―$1,100 for each violation. For example, a review of 46 I-9s with at least one technical violation can easily result in a $50,000 fine. Employers can reduce potential fines by hiring local counsel to review the I-9s before presenting them to ICE.
How I can get more information?
The following are useful links where employers can get more information on the I-9, including a step-by-step guide on completing the I-9s. Monty Partners is always here to provide clients with more information and advice on legal matters pertaining to the I-9 and other labor, employment and immigration issues.
1. U.S. Citizenship & Immigration Enforcement
• http://www.uscis.gov
• Select “Immigration Forms”
• Scroll down halfway to Form Number “I-9”, “Employment Eligibility Verification”
• Open the current I-9 Form
2. I-9 Handbook for Employers—A useful tool for employers on completing the I-9.
• http://www.uscis.gov/files/nativedocuments/m-274.pdf
• The last pages include the newest version of the I-9.
3. Immigration & Customs Enforcement—News link
• http://www.ice.gov/
• Click on “News Releases”
• Select Topic “Worksite”
• http://www.ice.gov/pi/news/newsreleases/index.htm?top25=yes&yea...
What is ICE doing?
On Wednesday, July 1, 2009, Immigration and Customs Enforcement (ICE) issued 652 notices to businesses requiring employers to produce their I-9 forms for review by ICE agents. Employers who receive these audit notices will have 72 hours (i.e., 3 days) in which to produce the I-9, the Employment Eligibility Verification Form. Technical and procedural violations found with the I-9 form can result in penalties, both criminal and administrative, and even a full-blown ICE investigation. http://www.ice.gov/pi/nr/0907/090701washington.htm
What is an I-9?
The I-9 is the Employment Eligiblity Verification Form required by law for the verification of an employee’s authorization to legally work in the United States. Employers should be using the most recent version of the I-9 which was revised on 2/2/2009. While the I-9 was due to expire on 6/30/2009, it is currently valid pending final approval of its extension by the United States Citizenship and Immigration Services (USCIS). Each employee that works for a business should have completed an I-9. http://www.uscis.gov/files/article/update_employ_eligible_i9.pdf
What should employers do when they receive a Notice of Inspection?
If you are a business that received a Notice of Inspection, you have the right to produce the I-9s within a three day period. Do NOT waive that right. Instead, contact legal counsel immediately to review the I-9s for any potential violations and to correct any unintentional deficiencies found on the I-9s. By using the three day period to self-inspect the I-9s before producing them, employers can reduce their liability. Therefore, when providing ICE with the I-9s, the possibility of ICE finding any violations and issuing fines decreases. Remember that each I-9 violation can result in a monetary penalty between $110―$1,100 for each violation. For example, a review of 46 I-9s with at least one technical violation can easily result in a $50,000 fine. Employers can reduce potential fines by hiring local counsel to review the I-9s before presenting them to ICE.
How I can get more information?
The following are useful links where employers can get more information on the I-9, including a step-by-step guide on completing the I-9s. Monty Partners is always here to provide clients with more information and advice on legal matters pertaining to the I-9 and other labor, employment and immigration issues.
1. U.S. Citizenship & Immigration Enforcement
• http://www.uscis.gov
• Select “Immigration Forms”
• Scroll down halfway to Form Number “I-9”, “Employment Eligibility Verification”
• Open the current I-9 Form
2. I-9 Handbook for Employers—A useful tool for employers on completing the I-9.
• http://www.uscis.gov/files/nativedocuments/m-274.pdf
• The last pages include the newest version of the I-9.
3. Immigration & Customs Enforcement—News link
• http://www.ice.gov/
• Click on “News Releases”
• Select Topic “Worksite”
• http://www.ice.gov/pi/news/newsreleases/index.htm?top25=yes&yea...
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