December 10
In 2015, the Department of Justice (DOJ) and the Department of Homeland Security (DHS) issued a joint memo offering guidance to employers when conducting internal Form I-9 audits.
The DOJ and DHS guidance provides employers with the scope and purpose of I-9 audits, considerations before conducting internal audits, and ways to correct errors, omissions, or other deficiencies. They also advise about E-Verify query deficiencies and the anti-discrimination statutory requirements for employers when conducting I-9 audits.
How to Draft an Employment Letter for a Successful H-1B Visa Petition
Federal immigration agents review I-9 forms for evidence of fraud, abuse, or discrimination in hiring practices. There are specific protocols that all I-9 audits should follow.
ICE often uses I-9 audits to find employers who violate federal law or regulation by hiring unauthorized workers through fraudulent I-9 forms. Employers found in violation can face legal challenges and investigations from DHS or Immigration and Customs Enforcement (ICE).
Employers have to keep all I-9 forms on file for at least three years from the hiring date or one year after the individual is no longer employed, whichever comes later. These time limits apply whether or not the employee is authorized to work in the United States. If employers cannot find I-9 records, they will have serious trouble proving the legal status of an employee and incur steep fines, even if the company is not solely responsible.
Companies should check the viability of their hiring systems for I-9 compliance, as this can be the root cause of an issue. Auditing I-9 forms and documents are the best way for companies to ensure that all I-9 forms are complete, accurate, and up-to-date. Taking these steps minimizes the risks of penalties. Employers who conduct I-9 audits should consult with an attorney to ensure full compliance. Otherwise, companies put themselves at serious risk of violating federal law and regulation.
I-9 Audits are Crucial for Immigration Compliance
Recent Immigration Articles
Check out these articles below
The history of Native Americans and immigration in the United States is one of cooperation, conflict, and transformation. From early interactions during European colonization to modern collaborations for justice, the dynamics between Native tribes and immigrant groups have shaped the nation’s identity. Case Studies of Interaction The Fur Trade: Cooperation and Exchange One of the
Read MoreNavigating the Intersection of Innovation and Immigration Aravind Srinivas, co-founder and CEO of Perplexity AI, embodies the journey of a visionary immigrant transforming the technological landscape while confronting the complexities of the U.S. immigration system. His story resonates with many skilled professionals striving to make impactful contributions amid bureaucratic challenges. Early Life and Academic Pursuits
Read MorePresident-elect Donald Trump has outlined a comprehensive approach to immigration reform, addressing both border security and domestic enforcement. His proposed plan includes actions aimed at reshaping how the United States manages immigration, including physical border defenses and policies affecting both undocumented individuals and visa holders within the country. Here’s an in-depth look at the key
Read MoreOn September 25, 2024, U.S. Citizenship and Immigration Services (USCIS) announced significant updates to its Policy Manual regarding the “sought to acquire” requirement under the Child Status Protection Act (CSPA). These changes, outlined in Volume 7, Part A, Chapter 7 of the Policy Manual, address the process of calculating a CSPA applicant’s age, particularly for
Read More