What Proactive Steps Can Employers Take to Lessen the Likelihood of Form I-9 Investigation or Fines?
This is the tenth and final post in a series promoting the publication of my new book: I-9 Employment Verification eGuide: A Practical and Time-Saving Resource for HR Professionals. This free guide helps HR professionals navigate the many routes of the I-9 verification process.
This series of posts covers the first chapter of the book, “Top 10 Questions from Employers About I-9s.”
So far, I have posted on:
- 6 of the Top I-9 Mistakes That Employers Make
- An Employee’s Green Card Is Expiring — Do You Need to Reverify It?
- Form I-9: How, When and By Whom Does It Need to Be Completed
- What Retention Requirements Exist for the Form I-9?
- Is Pre-Population of Section 1 Permitted for the Form I-9?
- Can Physical Examination and Attestation Be Delegated to Others for Remote Hires?
- An Internal Audit Uncovered Problems with a Form I-9 — What Should an Employer Do?
- If an Employer Is Found to Have I-9 Violations, What Fines Might They Face?
- Form I-9 Verification Violations: How are the Penalties Determined?
Below, I provide proactive strategies to help employers avoid investigations and fines for Form I-9 violations.
How Do Investigations Come About?
Form I-9 investigations tend to occur for a couple of common reasons:
- A complaint from a disgruntled employee
- A referral from the E-Verify unit
To some degree, investigations can be random. As an employer, you need to be prepared. An audit can happen at any point, and in spite of your best efforts, some violations may be uncovered.
What Preventive Measures Can You Take?
The primary strategy is all about internal systems. You should regularly evaluate the process your company uses to complete Form I-9 responsibilities.
When you discover ways that efficiency, speed, and – most importantly – accuracy can be improved, work to implement those changes. Updates can save you costly mistakes in the long run.
What is the most effective approach to evaluation? Consult with an experienced immigration compliance attorney.
They can help you:
- Develop policies
- Institute training
- Resolve I-9 concerns
Additionally, host routine training for your staff on good faith compliance regarding Form I-9.
NOTE: Even if you participate in E-Verify, it does not replace Form I-9 requirements or your need for general I-9 compliance.
I hope you enjoyed this series covering the first chapter of my book. Download the new eGuide now to get a more detailed overview of the entire I-9 verification process.Share