It’s Audit Season! Don’t Get Caught Unprepared – Part 1 (I-9 Compliance)

In the past, Immigration and Customs Enforcement (ICE) mainly utilized workplace raids to determine whether an employer had been employing unauthorized workers.  In recent years, ICE has shifted tactics and has focused mainly on paper audits and using I-9 inspections as its primary tool.  Given the change, employers have now become the primary target of these audits and companies employing unauthorized workers are now being subjected to higher administrative fines, criminal prosecution, and imprisonment.  However, I-9 compliance can be easily completed by having all employees complete the form and submit the required documentation as soon as they begin employment.

In order to comply with I-9 procedures, the employer must have the employee supply the following:

(1)        U.S. passport or passport card;

(2)        Permanent resident card;

(3)        Foreign passport containing a temporary I-551 stamp;

(4)        Form I-766, employment authorization document with photograph; or

(5)        Temporary resident card.

If the employee does not have documentation from the above list, the employee can provide one item from the list below:

(1)        State issued driver’s license;

(2)        Federal or state identification card;

(3)        School identification with a photograph;

(4)        Voter’s registration card;

(5)        U.S. Military card or draft record;

(6)        Military dependent identification card;

(7)        U.S. Coast Guard Merchant Mariner Card;

(8)        Native American tribal document;

(9)        Driver’s license from a Canadian government authority;

(10)      School record or report card;

(11)      Clinic, doctor, or hospital record; or

(12)      Day-care or nursery school record.

And, one more item from the list below:

(1)        U.S. Social Security Card;

(2)        Birth certificate issued by the U.S. State Department;

(3)        Certificate of U.S. Citizenship or Certificate of Naturalization;

(4)        Native American tribal document;

(5)        U.S. Citizen identification card;

(6)        Identification card for the use of a resident citizen in the United States; or

(7)        Employment authorization card.

For more information on Audits and I-9 forms visit USCIS