What every employer needs to know about I-9 audits
| Published date | 08 April 2019 |
| Pages | 71-75 |
| Date | 08 April 2019 |
| DOI | https://doi.org/10.1108/SHR-11-2018-0093 |
| Author | Robert Basso |
| Subject Matter | HR & organizational behaviour,Employee behaviour |
On another note
What every employer needs to know
about I-9 audits
Robert Basso
Abstract
Purpose –This paper aimsto put I-9 audit and its compliance into perspectivefor employers. The paper
explains what an I-9 audit is, what it means for employers, who is responsible for maintainingits forms,
types of businesses mosttargeted for I-9 audits, what happens when notified that one is beingaudited,
what type and how much penalties does a business incur if it fails to comply, the difference between
technical and substantive violations, factors that Immigration and Customs Enforcement considers for
determining penalty amounts against employers, what businesses should do if targeted with I-9 audit,
businessowners’ I-9 audit rights and how to proactively avoidbeing targeted by an I-9 audit.
Design/methodology/approach –The content of this paper was generated through practical
experience,interaction with corporate entities and HR staff members,as well as industry knowledge and
observations.
Findings –Every audit is different. It should be expected that all details be examined closely. In the
recent case of a businesssubjected to an I-9 audit, auditors closely examineddetails of sections 1 and 2
of the I-9 forms forall new hires but did not examine section 3 for re-hires.This reinforces the importance
of employers keeping careful track of records for all new hires. All employee I-9 forms should be filed
together in a binder or file folder separatelyfrom employees’ HR file. While re-hires were not examined,
this is no excusefor not properly re-verifying and trackingthis information.
Originality/value –This paper was developed because of the interactions with companies that are
facing the issue of I-9 audits. The author developed his responses to help HR leaders and managers
better understandand address the challenges as well as the processassociated with I-9 audits.
Keywords Human resource management, Immigration, Associated human capital management,
I-9 audits, Payroll, Robert Basso
Paper type Viewpoint
When it comes to immigration compliance in the USA, Monday-morning
quarterbacks will not cut it. In this case, the best defense is a strong offense when
it comes to I-9 audits. Under the current USA administration, there is a driving
force for greater Immigration and Customs Enforcement (ICE). This has resulted in a surge
of I-9 audits and a rise in the number of criminal casesagainst non-compliant employers. In
certain situations, it can also mean the deportation of employees that are working and living
in the country illegally. The increase in US Citizenship and Immigration Services’ (USICS)
worksite investigationsis on an upward trajectory, and this is expected to aggressively grow
over the next few years.
In fact, from October 2017 to May 2018 –sevenmonths into their fiscal year (FY 2018) –ICE
had already opened more worksite investigations than it had completed in all of FY 2017. In
addition, enforcement investigations were reported to have doubled, with worksite-related
arrests nearly quadrupling.
Robert Basso is CEO and
Founder, Associated
Human Capital
Management, Plainview,
New York, USA.
DOI 10.1108/SHR-11-2018-0093 VOL. 18 NO. 2 2019, pp. 71-75, ©Emerald Publishing Limited, ISSN 1475-4398 jSTRATEGIC HR REVIEW jPAGE 71
To continue reading
Request your trial