The Importance of an I-9 Audit Checklist

Many employers make errors on I-9 forms. Most errors are minor and don’t result in fines; however, if left uncorrected they could become violations that warrant fines and potential legal action against employers.

If any errors arise, simply cross out any incorrect data and write in its replacement in a contrasting color of ink. Be sure to initial and date each correction for future reference.

Documentation Requirements
To avoid costly penalties, your company should maintain copies of any paperwork provided to employees and store these records safely from water and weather damage.

When correcting I-9 forms, act quickly by crossing out any inaccurate information with contrasting ink and adding initials and dates if applicable. If errors cannot be easily addressed by crossing, filling out a new form and attaching it with an explanation why changes were necessary.

ICE and Homeland Security don’t have the resources to audit all companies; instead, they identify compliance issues based on data analysis and patterns of behavior, then focus their inspection efforts on particular industries or regions. It is therefore vital that employers understand what might trigger an I-9 audit in order to take necessary precautions against it.

Authenticity
An I-9 audit involves reviewing documents and records for authenticity. Employers must inspect each document submitted by employees to them, inspecting if it seems genuine and related to them. They cannot specify which documents an employee must present; rather they must accept any document on the List of Acceptable Documents as genuine and relate.

Homeland Security and ICE don’t have the resources to audit every business; therefore, they analyze employment eligibility verification data for specific industry categories or geographic regions to detect possible noncompliance issues. They may also receive tips or other indications that suggest one might require an I-9 audit.

Following the pandemic, Homeland Security relaxed I-9 standards in March 2020 so employers with remote workers could inspect Section 2 without their physical presence if their company enrolled in E-Verify. However, this flexibility did not extend to employees working outside the United States and employers must still verify any employee identification documents and work authorization prior to accepting them as employees.

Dates of Employment
ICE reviews the I-9 forms and supporting documentation of companies being audited to detect both technical and substantive violations. Technical errors involve paperwork errors or discrepancies in certain information that don’t carry fines but, left uncorrected, could become substantive violations and be subject to fines.

Substantive violations involve improperly determining an employee’s work eligibility, with fines that can be more severe than technical errors. The government holds an enormous amount of employment verification data which it uses analytics software to search. Homeland Security and ICE will proactively identify employers for audit based on this analysis.

Organizations should carefully prepare for I-9 audits in order to protect themselves against discrimination claims by conducting audits in an impartial and transparent manner, and without disrupting employees. Planning will help companies reduce potential discrimination claims while protecting them against employee harassment claims caused by timing, scope or selective nature of audits.

Accuracy
Accuracy in an I-9 audit checklist is of utmost importance; any discrepancies could result in fines or liability under federal immigration law, so any forms that were filled out incorrectly must be corrected immediately; for example by crossing out incorrect data with different color ink and entering correct details with initials and dates indicating correct changes made – this shows your employer has done their due diligence in rectifying mistakes while meeting compliance obligations. Keeping an audit log to monitor these changes also demonstrates good faith efforts made towards rectifying errors while meeting compliance obligations by showing evidence of good faith attempts made towards rectifying mistakes while complying with federal immigration law regulations.

An I-9 audit may be initiated through various channels, including confidential informants or those convicted of harboring undocumented workers who plead guilty in exchange for lighter sentences by providing information about their employer in exchange for reduced sanctions. Both DHS and ICE possess access to data regarding these violations so they can recognize patterns and determine if a particular company might become subject to auditing.