Many expect federal officials to increase enforcement of immigration compliance regulations in the coming weeks, especially for the employment eligibility verification (Form I-9) process. The U.S. Immigration and Customs Enforcement (ICE) may become more active in auditing companies due to this increase in enforcement. ICE is a section of the Department of Homeland Security (DHS) tasked to enforce I-9 compliance.

Under federal law, employers must use Form I-9s to verify employees’ permission to work in the United States. This process includes verifying their worker’s identity and work authorization documentation within three (3) days of starting work. Employers must retain these forms for all current workers for three years after the hire date or one year after the employee relationship ends, whichever is longer.

ICE enforces these requirements by auditing employers. These audits ensure employers retain every Form I-9 and that employees correctly fill out the documents. Before running an audit, ICE will send an employer a Notice of Inspection to allow them time to prepare the documents. They will have at least three (3) business days to provide the requests for Form I-9s and other relevant documentation. The audit may include the forms for all employees or a selected few, depending on the extent of the audit.

Under the previous Trump administration, there was a significant increase in I-9 audits, rising from 1,360 in the 2017 fiscal year to 6,450 in the 2019 fiscal year. The previous Trump administration saw a substantial increase in I-9 audits. According to the records, audits rose from 1,360 in the 2017 fiscal year to 6,450 in the 2019 fiscal year. Many expected the audits to continue increasing before the pandemic occurred.

When performing I-9 audits, ICE searches for technical errors and more serious potential document fraud. Technical errors may include incomplete fields, such as incomplete document numbers or missing dates. An example of a substantive error includes failing to complete the employment eligibility verification process within three (3) business days of an employee’s start date. Other examples include failing to review and verify supporting documentation and failing to re-verify workers if and when their work authorization documents expire.

Employers must prepare and review Form I-9s to ensure compliance or face potentially hefty penalties. Performing self-audits could help guarantee that existing forms comply with I-9 regulations. Another practical step includes automating the process with an electronic I-9 management system. This system offers guidance throughout the process, convenient and reliable digital storage, optional E-Verify integration, and more.

Increase your hiring and verification efficiency today with I-9 Compliance automation.

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