1-9 MISTAKES
The Immigration Reform and Control Act of 1986 requires employers to hire only individuals who may legally work in the United States . To comply with the law , employers must verify the identity and employment authorization of each individual they hire by completing and retaining the Employment Eligibility Verification form ( Form I-9 ). As a result , organizations spend a great deal of time and resourcing trying to comply with Form I-9 requirements .
Despite employers ’ best efforts , complying with Form I-9 requirements can be difficult . Unfortunately , many employers leave their organizations ’ Form I-9 operations to untrained staff or fail to dedicate sufficient time and resources to the process , resulting in numerous errors and untimely completion of Form I-9 tasks . Even small errors can subject employers to expensive violations , fines and penalties . In recent years , the federal government has increased its Form I-9 enforcement efforts . This makes Form I-9 compliance especially critical . By understanding common Form I-9 errors and mistakes , organizations can reduce their potential legal risks and improve their Form I-9 process .
RELYING ON UNTRAINED STAFF
Form I-9 appears deceptively simple , and , as a result , employers may not prioritize the process appropriately . Too often , employers assume their Form I-9 operations comply with federal requirements , including mistakenly believing their staff is properly trained to address the myriad of compliance issues that may arise when carrying out Form I-9 operations . Form I-9 compliance is difficult and rarely error-free . Untrained staff leave an organization open to risk , and their mistakes can be extremely costly .
Common errors by untrained staff include :
• Failing to complete Form I-9 or employee reverification in a timely manner
• Accepting improper employee identity and employability documents
• Recording information incorrectly on the form
• Neglecting to record the employee document ’ s title , issuing authority and expiration date
TRAINING INDIVIDUALS RESPONSIBLE FOR AN ORGANIZATION ’ S FORM I-9 PROCESS IS CRITICAL FOR COMPLYING WITH FEDERAL REQUIREMENTS AND REDUCING RISKS OF FINES , PENALTIES AND AUDITS .
Many organizations assign an HR professional to be their dedicated Form I-9 expert to oversee Form I-9 operations , train others and answer questions . Employers need to ensure any employees involved in the Form I-9 process are trained on the following :
• Completing Form I-9
• Maintaining completed forms
• Storing completed forms
• Correcting errors
• Reverifying expired employee documents or documents for rehires
• Purging old forms
• Conducting internal audits
• Preparing for government audits
Training individuals once is likely not enough due to the complex nature of Form I-9 requirements . Ideally , these employees need to be trained regularly to ensure they are knowledgeable of Form I-9 requirements and processes and can address any issues that may arise . Training will need to be updated to address changes to the form and the most current guidance from the U . S . Citizenship and Immigration Services ( USCIS ) and other federal agencies . While training may be costly and time-consuming , it can pay dividends by helping employers stay compliant . Employers can take advantage of USCIS ’ s free employer training .
OVERLOOKING INTERNAL AUDITS
Conducting internal audits of completed Forms I-9 can help employers comply with Form I-9 requirements . Despite being time-consuming and laborintensive , internal audits typically are the best and sometimes the only systematic means to ensure compliance with federal law . While internal audits are primarily used to correct Form I-9 errors , many employers rely on audits to identify common mistakes and issues in their Form I-9 operations . This can provide employers with vital information to retrain staff , refine their Form I-9 operations and take other actions to avoid similar errors in the future . Some organizations hire vendors to assist with internal audits because they are so burdensome , but employers remain liable for any mistakes .
Internal audits help organizations discover if any current employees have not completed a Form I-9 and whether completed forms contain errors .
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