I-9 Audits, Are You Ready?

With the recent change in the Federal Administration, ensuring compliance with I-9 regulations has become increasingly critical for all U.S. employers.

An I-9 form, officially known as the Employment Eligibility Verification form, is a document required by the United States Citizenship and Immigration Services to verify the identity and employment authorization of individuals hired to work in the United States. All employers in the U.S. must properly complete an I-9 form for every individual they hire. This form is mandatory for U.S. citizens, permanent residents, and aliens. Employees must present their employer with acceptable documents to prove their identity and employment authorization.

The primary purposes of the I-9 forms are to verify an individual’s identity, to confirm his/her legal authorization to work in the United States, and to demonstrate an employer’s compliance with immigration law. The forms must be completed by an employee on or before his/her first day of employment. The employer section must be completed by the employer
within three business days of the employee’s start date. These forms must be retained by the employer.

Based on the heightened attention to immigration issues, a surge in audits and potential worksite visits is anticipated. . This shift underscores the importance for employers to conduct their own regular I-9 audits to maintain compliance and avoid potential legal consequences.

An I-9 audit is a thorough review of an employer’s I-9 forms. These audits can be conducted internally by employers or externally by government agencies, particularly U.S. Immigration and Customs Enforcement (ICE). Internal audits help employers identify errors, missing information, and potential liabilities before they become issues during a federal inspection. They also provide an opportunity to correct mistakes, strengthen compliance procedures, and ensure all necessary documentation is in order before a governmental audit.

The consequences of violating I-9 regulations can be severe. Failure to comply with I-9 requirements can result in significant civil fines and criminal penalties. Even uncorrected technical errors have the potential to generate financial penalties.

Given the potential risks, it is essential for employers to prioritize I-9 compliance and conduct regular internal audits. This proactive approach not only helps identify and correct errors, but it also prepares educational agencies for potential governmental audits. Join us for a webinar on March __, 2025 to review how to conduct a thorough I-9 audit and protect your district in the event of a governmental audit.