I-9 Audit Checklist

An I-9 audit checklist is an essential tool for businesses to confirm that they are in compliance with federal immigration laws. The I-9 form is used by employers to verify the identity and employment authorization of new hires. The I-9 audit checklist helps employers ensure that they have completed all necessary steps to verify a new hire’s eligibility for employment, such as proper completion of the I-9 form and collection of supporting documents. It also serves to ensure that employees are properly handling the paperwork and documentation required by the government related to hiring foreign nationals.

Details for I-9 Audit Checklist

1. Gather All I-9 Forms on File:

The first step in an I-9 audit is to gather all of the I-9 forms on file for the company, including both new hires and existing employees. This includes ensuring that each employee who has a form completed in the past five years has an updated form on file. Additionally, employers should make sure that all forms are properly signed and dated by both the employer and the employee.

2. Obtain Forms I-9 for Current Employees Who Are Missing I-9s:

If any current employees do not have an I-9 form on file, employers must obtain one as soon as possible. It is important to note that employers cannot backdate an I-9 form – it must be completed within three days of hiring or rehiring a new employee. Employers should also make sure that the information provided on the form is accurate and up to date.

3. Audit Forms I-9 of Current Employees:

Employers should carefully review each employee’s Form I-9 to check for accuracy and completeness. This includes making sure that all required fields are filled out, such as name, date of birth, social security number and other identifying information; verifying that the documents presented by the employee match those listed on their Form I-9; verifying expiration dates, and confirming signatures from both parties (employee and employer).

4. Correct Errors:

Once errors are identified during the audit process, employers must make corrections immediately in order to stay compliant with federal immigration laws. This includes correcting information such as typos or inaccurate dates or addresses; replacing outdated documents with current ones; obtaining missing documents, or submitting evidence that invalidates certain requirements.

5. Terminated Employee I-9 Forms:

For terminated employees, employers must keep their files intact until after completion of their Form W2 – this enables them to access the terminated employee’s records quickly if needed for tax purposes later down the line. Furthermore, if an employer discovers a problem with a terminated employee’s Form I-9 after they have left employment then it is important for them to contact an immigration lawyer immediately in order to ensure compliance with federal regulations related to immigration law enforcement activities or penalties for improper completion of paperwork or discrimination against foreign nationals seeking employment authorization in the U.S.

6. Complete The Audit:

After completing all steps in an i-9 audit checklist employers can now consider themselves prepared for any future audit inquiries from government agencies such as Immigration & Customs Enforcement (ICE). It is important for employers to keep accurate records at all times so they are able to provide documentation when requested by government officials regarding their compliance with immigration laws at any point in time throughout their business operations - whether it be before hiring a new employee or responding to inquiries concerning suspicious activity related to foreign nationals employed by their business entity moving forward into the future.

FAQ for I-9 Audit Checklist

1. What is an I-9 audit?

An I-9 audit is a review of employee documentation conducted by an employer to ensure that all paperwork related to the hiring process and verifying the employment eligibility of new hires is accurate, complete, and up to date in accordance with federal immigration laws. This includes examining documents such as passports, driver’s licenses, birth certificates, visa forms and other documents used to verify a person’s identity and eligibility for employment in the U.S.

2. What is required for an I-9 audit?

An I-9 audit requires employers to go through each employee's Form I-9 carefully to make sure all information is accurate and up to date. This includes verifying that the documents presented by the employee match those listed on their Form I-9; verifying expiration dates; confirming signatures from both parties (employee and employer); making corrections if any errors are discovered; obtaining missing documents or evidence; and keeping terminated employee files intact until after completion of their Form W2.

3. What happens if errors are discovered during an I-9 audit?

Employers must make urgent corrections should any discrepancies arise during the audit process in order to remain compliant with federal immigration laws. This may involve fixing typos, dates, and addresses; replacing outdated documents with updated ones; getting missing paperwork or providing information that nullifies certain criteria.

4. What should be done with terminated employee I-9 forms?

It is essential for employers to securely store I-9 forms of employees who have been terminated, at least three years after their termination. In the event that the employer faces legal action such as an audit or discrimination complaint, these records must be kept until each case has closed. Should an employee fail to complete their paperwork before leaving, businesses should record all attempts made in contacting them and document any follow-up actions taken afterwards.

5. What happens after completing an I-9 audit?

After a meticulous I-9 audit, employers must relay their observations and corrections to the pertinent government agency. Furthermore, this is an opportune time for them to assess their current practices and regulations in order to guarantee compliance with all immigration laws going forward. It is highly recommended that employers maintain documentation of the entire auditing process as well as any training they provide or steps taken towards achieving long-term conformity.

6. How can an employer be sure they are following all regulations and laws during an I-9 audit?

The best way for employers to ensure compliance with federal and state immigration laws is to hire an experienced immigration attorney who is familiar with/specializes in I-9 audits - this will help employers avoid costly fines, penalties and potential civil or criminal legal action from government agencies in the event of a failed compliance review. Additionally, employers should keep up-to-date on changes or updates regarding applicable immigration laws so they can stay informed and adjust their hiring practices accordingly. Employers should also ensure that all employees receive proper training.

In Summary

A checklist for an I-9 audit is an essential tool for any business that hires foreign nationals in the United States. This type of audit helps employers confirm their employees’ eligibility for work, making sure all information is accurate and up to date. An I-9 audit also requires employers to verify documents presented by the employee match those listed on their Form I-9, to make corrections if any errors are discovered, and to obtain missing documents or evidence. Moreover, it is important for employers to keep terminated employee files intact until after completion of their Form W2 in order to ensure compliance with federal regulations related to immigration law enforcement activities or penalties for improper completion of paperwork or discrimination against foreign nationals

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