Establishing and maintaining a legally compliant global workforce is crucial for safeguarding a company’s interests and reputation. With in-depth knowledge and skill, Scott D. Pollock & Associates, P.C. ensures employers follow immigration laws and processes. When it comes to Form I-9 compliance, the top priority is maximizing the protection of employers and foreign employees while minimizing damage and disruptions to a company.
What Is Form I-9, and Why Is it Important?
The United States government requires Employment Eligibility Verification Form I-9 for anyone employed in the U.S. All employers must complete and retain a Form I-9 for every employee, and both employer and employee must sign the form.
Failure to comply by properly completing and storing I-9s may result in civil penalties and fines for employers and possible immigration consequences for employees. Form I-9 creates an audit trail that ensures employers do not knowingly hire unauthorized immigrants. Additionally, it helps enforce immigration laws related to employment eligibility verification. Scott D. Pollock and Associates, P.C. can assist companies with I-9 compliance and audits in several ways.
Conducting an Internal I-9 Audit
An internal I-9 audit is a preventative measure for maintaining employer immigration compliance. It is one of the best tools for avoiding future problems. Our immigration attorneys perform proactive audits to demonstrate a company’s willingness to comply with I-9 regulations. Internal I-9 audits enable employers to preemptively correct any I-9 form deficiencies, preventing companies from facing penalties during an external government audit.
Some of the most common mistakes when it comes to Form I-9 compliance are:
- Incorrect or incomplete information
- Failure to complete the form in 3 business days
- Accepting invalid documentation or over-documentation
- Improper maintenance of forms for current employees
- Allowing untrained staff to administer I-9s
Conducting an internal audit with an immigration lawyer means proactively identifying and addressing compliance issues, implementing best practices, maintaining a legal workforce, and avoiding significant penalties.
Training Human Resource Staff on Form I-9
Effective Form I-9 training is crucial for human resource departments to meet legal hiring and employment requirements. I-9 training educates staff on properly completing and maintaining I-9s as mandated by the United States Citizenship and Immigration Services (USCIS). Training covers topics such as:
- Appropriate documents for establishing identity and employment authorization
- Properly completing all sections of the form
- Re-verification requirements for expired work authorizations
- Retention and storage requirements
- Anti-discrimination provisions
Failure to comply with I-9 mandates can result in civil and criminal penalties. Our attorneys’ training helps secure your company and its people.
Representation in the Case of an I-9 Audit
If a business is alerted of an impending governmental I-9 audit, having an immigration lawyer is the best way to safeguard your company and employees. When initiating an audit, U.S. Immigration and Customs Enforcement (ICE) or Homeland Security Investigations (HSI), a division within ICE, issues a Notice of Inspection (NOI) to the company first. The ICE agent conducting the audit sets the deadline for responding with I-9 forms and supporting documentation based on the specific circumstances. Employers must respond within a minimum of three days, though employers can request an extension. The audit process has hard deadlines and precise guidelines. Employment-based immigration attorney Lindsay Fullerton and the rest of the team provide valuable assistance every step of the way.
Having an experienced attorney to help navigate this stressful process protects a company’s and its employees’ rights.
Audit preparation. Assisting the employer in preparing for the audit by reviewing their I-9 policies, practices, and records to identify and address potential compliance issues before the audit begins.
Respond to audit notices. Helping the employer respond to the audit notice by submitting all required documentation and information within the timeframe.
Represent the employer. Acting as the employer’s representative by communicating and negotiating with the auditors on the employer’s behalf.
Mitigate penalties. Mitigating civil and criminal penalties through arguments, evidence, and legal defenses to minimize consequences if violations are discovered.
Corrective action plans. Supporting the employer in developing and implementing corrective action plans to bring their I-9 practices into compliance and prevent future violations.
Don’t Put Your Company and Employees on the Line
Properly navigating I-9 regulations means safeguarding your company and valuable employees. Internal I-9 audits, practical HR training, and solid legal representation mean a better probability of avoiding consequences such as monetary fines, imprisonment, employee deportation, and a resulting negative public image. Scott D. Pollock & Associates, P.C. is ready to partner with you for all your I-9 needs.
