All posts by Vijay Thakkar

Learn more about the importance of the M-274 Handbook for Employers and make sure to align your I-9 practices with current guidelines.

Learn how employers can maintain I-9 compliance when a Puerto Rico birth certificate is used as a list C document.

The 540-day extension of employment authorization documents is reverting to a standard 180-day extension Oct. 27.

Learn what to expect during an external I-9 audit and how to best prepare so you can reduce your risk of fines and penalties.

An internal I-9 audit can improve compliance and overall I-9 management. Learn how to conduct one for your organization and reduce your risk of errors.

According to the Immigration Reform and Control Act, all employers must verify the identity and employment authorization of employees working in the United States who were hired after November 6, 1986. This verification process is documented by completing and retaining Form I-9, Employment Eligibility Verification, regardless of the employee’s immigration status. Even though completion of Form I-9 is designed to be simple, there are quite a few details both employees and employers must be careful about to ensure thorough compliance with all federal requirements. Therefore, it is important to not only understand Form I-9 and its sections, but how to draft a standard operating procedure to improve compliance. Form I-9 Standard Operating Procedure A standard operating procedure (SOP) is a document that outlines the steps employees must follow to complete a specific task. An SOP for an I-9 policy ensures compliance with IRCA, protects employers from liability, and streamlines the I-9 process. An SOP will include a well-defined business process to properly complete Form I-9. I-9 compliance is not only a legal requirement, but also a smart business decision. Here are a few points to consider when drafting an I-9 SOP. Clearly state the objective of the SOP and what it is intended to achieve.Define what the SOP covers and what it does not cover. It might not cover, for example: Immigration-related procedures such as visa applications, relocations, ex-pat situations, etc.The procedures for E-Verify for those who do not participate in E-Verify.The procedures for other HR-related forms such as W-4, Direct deposit, W-9, a non-disclosure agreement (NDA), Background check consent form, Employment Agreement, etc.The procedures for other legal compliance forms, such as OSHA, HIPAA, etc. Research the I-9 form and relevant regulations, reference material such as the Department of Justice and Immigrant and Employee Rights, and gather any necessary examples, guides, or other resources. For example, enforcement of anti-discrimination provisions by the agencies, extension rules for TPS, updates on DACA, asylees, and refugees, etc.Outline the company's policies and procedures for the I-9 process, such as the roles and responsibilities of employees and departments or authorized representatives involved in the process, and the procedures for handling errors or inconsistencies, whether you will complete a new I-9 or utilize Section 3 for rehires, remote agent policies, etc.Create a checklist of the steps to be followed during the I-9 process and break down the I-9 process into a logical sequence of steps and provide detailed instructions for each step. For example Steps before and on the first day of employment, steps to be taken within three business days from the first day of employment, the procedures for completing the I-9 form, including the version of the Form I-9 to be completed, types of acceptable documents, the process for verifying employee identity and work eligibility, the deadlines for completing the form, options available for remote or Hybrid employees on completion of Section 2, the retention and storage requirements for the I-9 forms and other relevant documents, E-verify process if you participate in E-Verify, Section 3 reverifications, etc.Use images, diagrams, or flowcharts to help employees and authorized representatives understand the process more easily.Provide details of the training, job aids, knowledge articles, and support provided to those who are responsible for completing the I-9 form.Reference system reporting and notification schedule and tools available for Section 3 reverifications, receipts, pending Sections 1 and 2, pending corrections, etc. Emphasize the compliance requirements and regulations related to the I-9 form, such as the penalties for noncompliance and the processes for dealing with government audits or inspections.Ensure that the SOP must be written in clear and concise language, reviewed, and updated on a regular basis to keep it accurate and up to date with the current regulations. Keep a track record of all the amendments made to the SOP and ensure that the compliance team reviews and approves the SOP before making it widely available. Include escalation points and contact information of the person/s or department responsible for the I-9 process. By following these tips, you can help ensure that your company is in compliance with I-9 regulations and avoid costly fines and penalties. Avoid Form I-9 Mistakes with Proper Management Correctly completed I-9 forms are an indispensable condition of compliance, as a key step in ensuring the legality of their businesses when it comes to immigration policy. However, that is not nearly enough – if any of the other mistakes we listed are made, the effect achieved by proper completion will be in wane, as the penalties for inaccuracies, missed deadlines and re-verifications can still be too high to handle for any business. There are no mistakes in I-9 management that will go unpunished if detected by authorities. To avoid the risk of exposing the company to fines and lawsuits, many employers decide to upgrade their operations in this field by adopting advanced I-9 software solutions. Electronic I-9 management includes control mechanisms, easy access to stored I-9s, automatic deadline notifications, integration with E-Verify, and data security measures. Learn more about the ways to safely outsource I-9 administration, prevent Form I-9 mistakes and costly fines, and improve compliance through the use of a reliable state-of-the-art electronic I-9 system.

A new Florida law requires using E-Verify for employers with more than 25 employees. Learn what your business can do to remain compliant.

Learn more about the pros and cons of using E-Verify before deciding whether to integrate this system in the process of verifying employment authorization.

No employer is immune to the possibility of an audit of their I-9 process. The key to a successful I-9 form audit is understanding how to build and lead a team that understands Form I-9 compliance to ensure a successful outcome. I-9 Form Audit Purpose and Consequences An I-9 form audit is an administrative review conducted by the U.S. Immigration and Customs Enforcement (ICE) or the U.S. Citizenship and Immigration Services (USCIS) to ensure an employer has properly completed and retained the I-9 forms for all its employees. The purpose of an I-9 audit is to identify employers who have not properly completed or retained the I-9 forms, or who have knowingly or unknowingly employed individuals who are not authorized to work in the United States. Employers that are found to violate the regulations may be subject to fines, civil and/or criminal penalties, and other legal action. The I-9 form is a document employers are required by law to complete for each employee to verify the employee's identity and work authorization to work in the United States. The I-9 form audit involves a review of the employer's I-9 forms, supporting documentation, and the employer's compliance with the regulations. An I-9 audit can be a stressful and challenging experience for both the management and the employees. A proactive organization will anticipate an audit by regularly reviewing and updating I-9 policies and procedures and making sure all I-9 forms and documents are in order. Hence, forming and leading a team during an I-9 audit is the key to success and it is of utmost importance to have a well-organized and effective team in place to handle the audit to minimize any negative impact on the business. Download our NEW I-9 Audit Guide E-Book! Building a Successful Audit Team The team should be composed of individuals with the appropriate skills, knowledge, and experience to handle the I-9 form audit and ensure compliance with the regulations. An important role to designate first is the point person, such as an HR representative or compliance officer to lead the team. An I-9 subject matter expert with knowledge and experience of the I-9 process, regulations, and compliance requirements, is crucial, and is someone who can review the I-9 forms and supporting documentation, and identify any errors or discrepancies. Record keepers responsible are necessary to maintain the company's I-9 forms and other employment records, and who can provide the government agency with the required documentation during the audit. Internal and/or external legal counsel or an immigration attorney advise the company on the I-9 regulations and compliance requirements, and represent the company in any legal proceedings. In addition to these roles, a skilled data analyst is able to review the I-9 forms and other records to identify any errors or discrepancies. This person will be responsible for preparing the necessary information and documents to respond to the audit. IT professionals can provide technical support for the company's I-9 management system and ensure that the data is secure and accessible during the audit, communication specialists who can communicate effectively with the government agency and coordinate the company's response to the audit, including the gathering and submission of required documents. Trainers can provide training and education to the team members on the I-9 process and regulations, while an expert from global immigration and mobility specialists assist you with Section 3 reverifications and respond to queries about internal and external transfers, ex-pats and sponsorships. Last but not the least have your vendor involved if you outsource your I-9. How to Lead Your Team During an I-9 Form Audit Keep your employees informed about a pending audit and communicate if the audit is internal or a response to an external request and what to expect. You must provide clear instructions on responding to the audit, and ensure participants understand the importance of cooperating fully. Communicate the expectations and timelines of the audit to the team members and provide them with all necessary information and training related to regulations, compliance requirements, and your company's policies and procedures to ensure compliance. It is important to carefully review the audit notice and understand the scope of the audit, the timeframe, documents that will be requested which are not limited to payroll records, business registration records,​ E-Verify MOU, E-Verify case results, I-9s, supporting documents, job aids, and SOPs, historical i-9 records, audit history, etc. which must be gathered and reviewed to ensure they are complete and accurate. When responding to external requests, it is advisable to be cooperative and responsive to the government agency's requests for information and documents and keep a detailed record of all communication, actions, and decisions made during the audit process. It is also may be advisable to consider seeking the help of a lawyer or other professional to assist with the audit process and represent your company if necessary. An organization should hold regular team meetings to discuss progress, identify and resolve any issues, and adapt as needed. Participation from all team members must be encouraged and essential resources and support must be provided to enable the team to complete their tasks. An I-9 form audit can be tedious, mentally draining, and monotonous, so you should show support to the team members and assure them they are doing a good job. If any errors or discrepancies are found during the audit, take corrective actions as soon as possible and document them. After the audit, review your I-9 process and make any necessary changes to ensure compliance with the law. By following these steps, you can manage your team effectively during an I-9 form audit and help to minimize any adverse impact on your business.

Get insights into Form I-9 acceptable documents to better complete the employment verification procedure and stay compliant.

Check out our answers to the most frequently asked questions about Form-9 completion to secure compliance and improve your I-9 management.

Read about the most common Form I-9 mistakes and the best practices to employ so your organization stays compliant and avoids heavy fines.

Learn more about Form I-9 compliance, how to complete its sections and stay informed with recent changes introduced in response to the pandemic.

Find out how to use automated I-9 management to reduce errors in document processing within stipulated timelines followed by higher security and compliance.

Looking for an answer to "what is E-Verify?" Learn how this program works to better understand its benefits, especially in light of recent updates.

Read this guide to find out how to prepare for an I-9 audit so your business can avoid common mistakes that cause fines and penalties.

Check out the experts’ tips on proper I-9 administration and learn how to secure and improve I-9 compliance with these best practices.

Form I-9 compliance is essential. A mistake can result in a severe penalty. Protect your bottom line: read our resource on how to avoid I-9 violations.