I-9 Recordkeeping Self-Audits: How to Evaluate Documentation, Correct Errors and Omissions, and Avoid Discrimination Claims

Given that there’s a new Form I-9 and there’s a push at the federal level to focus on enforcement reform, this is prime time for performing a self-audit of your organization’s process for collecting employment verification and eligibility documentation and completing and storing I-9s—especially since you’re required to have a completed I-9 on file for every single employee, which means there is a lot of room for error.

Your organization could face steep penalties if proper practices aren’t followed for collecting “acceptable documents” necessary for employment eligibility verification. Also, errors or omissions when completing Sections 1, 2, or 3 of Form I-9 can leave your company vulnerable to costly fines in the event of an ICE audit or a workplace raid.

During this session, you’ll learn:

  • How to perform a comprehensive Form I-9 self-audit
  • How to go about correcting errors and omissions you uncover during the I-9 audit
  • What to do if you don’t have an I-9 on file for a given employee
  • What to look for when reviewing the Form I-9 (in effect as of September 18, 2017) and past versions of Forms I-9 on file for your workforce
  • Best practices for informing employees about an internal Form I-9 audit
  • Form I-9 error and omission correction procedures for Sections 1, 2, and 3—including who should deal only with Section 1 and who should handle Sections 2 and 3
  • What to do if you discover workers who don’t appear to have an I-9 on file
  • Examples of documentation identifying errors or omissions and indicating corrective action taken to bring your Form I-9s into compliance
  • What not to do with an eraser or whiteout—and the recommended way to display changes made to the Form I-9
  • How to tell if the version of Form I-9 you have on file is acceptable under applicable rules
  • How to tell if supplied Section 2 documentation is sufficient if that documentation isn’t on the list of acceptable documents under the current Form I-9
  • What to do if you question the legitimacy of the documentation an employee has supplied—and why immediate termination is not a good idea
  • How to re-verify employment eligibility in compliance with AB 450 (California’s Immigration Worker Protection Act), effective January 1, 2018—and the steep penalties employers could face for noncompliance
  • Best practices for copying and storing I-9s, from supporting documentation to paper I-9s and electronic records
  • When it’s safe to destroy old I-9s
  • Recordkeeping errors that attract ICE scrutiny and hefty fines
    • What to do when an employee comes in and informs you that he has a new name and new documents proving he is now authorized to work in the USA.
    • What steps should be taken when an innocent bystander calls and says someone at your office company is using their Social Security Number
    • What Employers should know about Social Security No Match Notices and Error Messages from I-9(s) relating to ACA Forms 1095 (c)
  • The checklist to review to avoid hiring or employing anyone not authorized to work in the United States