Planning For the New Year: Form I-9 and E-Verify

With the new year approaching, employers can make some changes and improvements to processing and maintaining Form I-9s. There are Form I-9 best practices that employers should follow to avoid being fined by ICE in an audit. The following are methods to ensure that you, as an employer, are complying with Form I-9 guidelines that have been implemented by USCIS and enforced by ICE. Please also see my Form I-9 series.
  1. Train your team in-house on how to complete I-9 forms and use E-verify successfully.
  2. Don’t be creative while completing forms. If, for instance, the HR specialist forgot to date the form, or the employee did not fill in Section 1 fully — don’t attempt to back-date the form and ask to the employee to complete Section 1. There is always someone who knows the situation and is watching. You could be threatened with punishment, or other employees could rat you out.
  3. The days of the wild, wild west are gone. Today requires a culture of compliance with the rules and laws. It is too expensive for employers and companies to do otherwise.
  4. Hire outside counsel to conduct a year-end audit of all the new forms created since the beginning of the year. At a recent immigration conference, I heard that more than 85% of I-9 forms are filled incorrectly, which means that self-audit is probably not a good idea. Having another employee conduct an audit can be a tricky situation because he/she may not want to point out a superior’s mistakes. The best way is to engage outside counsel to perform the audit; this audit can be part of a wage and hour audit.
  5. Brainstorm about your on-boarding policies and your “exit” interviews. Review policies for document examination; and recording and re-verification of documents for various visa-based and non-visa-based employees. Aim for consistent employee procedures — this means creating a handbook for procedures. Ensure your employees review the handbook before they attempt to examine and record documents on the I-9.
  6. Beware of audits by other federal agencies — they share information and are looking to collect fines. A wage and hour audit can turn into an I-9 and E-verify audit nightmare.
  7. Audits take time and are an unproductive task: they cost company money and employee time, and lead to lost profits. Take the time to understand the I-9 process.
  8. Audits ruin company reputations — names of companies that are audited are made public on federal websites. ICE, OSC and DOL publish announcements of audits.   Sushi Zushi, a San Antonio restaurant, lost workers and shut down after an announcement of an ICE audit. Employees left in droves; without employees, the restaurant had to shut down 8 locations.
  9. The new I-9 will create new challenges. Allocate a budget for training and compliance.
  10. Reduce liability by purging old I-9s.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
Lowenbaum Partnership, LLC
St. Louis, Missouri

The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Tara Mahadevan

Copyright 2012. All rights reserved.

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