Preparing Yourself for an ICE I-9 Audit
U.S. Immigration and Customs Enforcement (ICE) may not be on your radar of things to worry about, but should a disgruntled employee get them involved then you’re in for a fun I-9 audit. So to prepare yourself for an impromptu investigation, start conducting periodic audits to make sure you’re following suit.
Follow these steps to conduct your own I-9 audit:
- Determine whether you have I-9 forms filled out for all current employees. Should any be missing, have the employee fill out another one and date it for the current date. Do not backdate. Simply note and initial that the old document was lost and a new one was created.
- Correct simple errors (i.e., missing date, transcription error) by crossing out the wrong information and filling it in with the correct information. Then initial and date the correction.
Note: Should the employer signature be missing, make sure to view the employee’s identity and employment authorization documents as the signature is an attestation to viewing the documents and that they appear to be genuine and relate to the individual.
- If there is an error related to an employee’s document (i.e., missing information), you will need to have the employee bring in either a List A document or a List B and C document. It is not required that the employee bring in the same documents that they originally used, just as long as it is any document(s) from the Lists of Acceptable Documents.
- If you are missing I-9 forms for former employees that should still exist (i.e., it has been less than three years after the date of hire or less than one year after termination), there isn’t much you can do. If you have copies of the employee’s documents or a personnel file with their information you can fix simple transcription errors. But otherwise, former employees do not need to be contacted to correct the errors.
I-9 forms of former employees should also be destroyed periodically, so set up a system for doing so as well.
For more information contact email@example.com. The information contained in this post, and any attachments, is not intended and should not be misconstrued as legal advice. You should contact your employment, benefits or ERISA attorney for legal direction.