Employers in Illinois and elsewhere can hire Immigrants on various visas. While this is a great way to bring in talent around the world, there are federal rules and regulations that need to be complied with when making such a hire.
With any hire, an I-9 is required; however, this form ensure that the employee or candidate is eligible for employment. Although this is a routine on-boarding task, it is one that could encounter issues and even errors. Thus, conducting an internal Form I-9 audit is a necessary process to take.
I-9 audit
When moving forward with an I-9 audit, it is important to consider the rules and regulations that impact citizens, permanent residents and immigrants. Through the Immigration and Nationality Act or INA, U.S. Immigration and Customs Enforcement or ICE drafted guidance for this process. Although there is no law that requires this, employers can conduct an internal audit of Forms I-9 to ensure compliance with the INA.
When moving forward with an I-9 audit, employers need to establish the purpose and scope of this process. Specifically, they need to ensure that the manner they choose Forms I-9 does not give the perception of discrimination or retaliation. Thus, they should not base the internal audit on the citizenship status or national origin of the employee.
Procedure for missing information or errors
If an error is found in a Form I-9, then the employer can have the employee correct it by drawing a line through the incorrect information, writing the correct information in and providing their initials and date by the correction. If a preparer or translator is needed to assist with this process, then they need to be listed on the form and it should be indicated that they were used for corrections.
If an employer discovers that a Form I-9 was never completed or that there is missing or blank sections on the form, it is acceptable to have the Form I-9 completed at this time. The form should not be backdated but rather, it should state the actual date employment began. Additionally, the employer should attach a signed and detailed explanation of the situation and why corrective action was necessary.
Initiating and completing a Form I-9 audit may be a beneficial and proactive step to take as an employer; however, it can get complex and confusing. To ensure the process is conducted properly and no discriminatory perceptions are given, legal guidance may be necessary. A legal professional can help you understand the process and what laws to consider when it comes to compliance and avoiding penalties.
