If you thought the change in Presidential administration in January would lessen immigration enforcement involving employers, you better think again.
The U.S. Immigration and Customs Enforcement agency (ICE) recently reported sending notices of I-9 inspections to more than 650 employers. ICE has already announced more I-9 inspections in 2009 than in all of 2008.
So in what shape are your I-9s? Here are some things to think about.
- Keep your I-9s in one place. If an inspector walks in, you don’t want to spend days pulling I-9s from personnel files. And you certainly don’t want to turn over your personnel files for inspection unless you have to. Make copies of all I-9s. Keep a copy in each employee’s file. Keep all original I-9s in one file that can be easily accessed in the event of an inspection.
- Self-audit your I-9s. Take a representative sample of employees. Do you have I-9s for all? Are the I-9s properly completed? Were the I-9s completed on time – within three days of a new hire joining your organization.
- If in your self-audit you find problems, take action to correct them. Of course if you did not have the I-9 completed on time, there is nothing you can do now. However, if other items are incorrect, take the time to correct them. Make corrections on the original form and have the clerk in charge or controller initial and date the changes.
- Make sure that you retain completed forms I-9 for three years after the person’s employment begins or one year after the employment is terminated, whichever is later.
- Audit your I-9 process for new hires. Do personnel who handle new employee paperwork understand that all new employees must complete I-9s and the rules for completing them?
- Make sure that you are using the current I-9 form. ICE issued a new I-9 form more than a year ago and use of the new form is now mandatory. If you have any questions whether your form is the current one, go to www.uscis.gov
- Make sure that the employee completes section 1 of the I-9. The regulations are very clear that the employee must complete that section.
- Make sure that the document or documents provided by the employee to prove identity and the right to work comply with the eligible document requirements on the back of the I-9 form.
- Make sure that you are giving the employee the right to choose the document or documents the employee wishes to provide to prove identity and the right to work.