I-9 Self Audits and Best Practices

With the new Trump administration now in place, U.S. immigration is expected to be a top priority. Immigration and Customs Enforcement (ICE) is expected to dramatically ramp up I-9 audits this year as they are the most common type of immigration worksite enforcement. Employers should review their Form I-9 compliance now and be prepared for potential I-9 audits.

I-9 Basics

Every employee on your payroll must have an I-9 form on file to prove their right to work in U.S. These forms must be completed within three days of an employee’s hire date. Sometimes employers inadvertently make mistakes on the forms, such as failing to complete the I-9 forms fully, incorrect dates, or not having the proper documentation necessary. Even if you use electronic forms, you should audit your process and forms to ensure compliance.

Employers in certain industries, such as agriculture, manufacturing and construction are often more likely targets of these audits. Violations can vary from $2789 per violation for an error on each form, to more than $27,000 and/or prison time for knowingly employing an unauthorized worker.

A California law requires employers who receive notice of a federal agency’s inspection of I-9s (or other employment records) to provide notice within 72 hours to employees and their collective bargaining representative (if any). Notice to an “affected employee” and their collective bargaining representative (if any) is also required within 72 hours of the employer receiving notice that the agency has identified an employee as potentially lacking work authorization or having document deficiencies. For further details on the required contents of these notices and related templates, CEA Members can access our Employee Records Government Inspections Fact Sheet on our website.

I-9 Self Audit Best Practices   

• Update your new hire orientation/onboarding paperwork with the new Form 1-9 now, available on the USCIS website. (Last updated August 1, 2023)
• If you need a new hire packet with all required documents for hiring an employee in California, visit the CEA store.
• Provide the form and instructions to the new employee during your new hire orientation/onboarding process, either in print or electronically.
• Employees get to decide which forms of identification they want to present as proof. The employer can only show them the page that lists the acceptable documents and remind them they either need one from List A -or- one from both Lists B and C.
• Employees must present their unexpired documentation within 3 business days of starting work for pay. If they don't or can't present you with ALL the documents needed to complete the form by that time, the employee must stop working until they can provide you with the correct documentation.
• Employers must review the employee's documentation in their presence. While not required, some employers choose to take a copy of the documents presented to prove that they were received, but it's not required unless you participate in E-Verify.
• Be familiar with your employee notice obligations in connection with government I-9 inspections.

Self audits provide an opportunity for you to correct your practices and errors. When questions arise during a self-audits, give us a call and we can walk you through the best way to correct errors. Members can log in and then access the I-9 Self Audit Toolkit on our website.