This due diligence form is a guide for conducting an audit of an employer's I-9 due diligence forms. Employers are required to verify the identity and eligibility for employment of all persons they hire. It is also unlawful for employers to knowingly hire a person who is not authorized to work in the U.S., or continue to employ such a person. Thus, employers are required to complete a Due diligence form I-9 for each new employee. The due diligence team should conduct a thorough examination of an employer's policies and procedures and should subsequently per form a random I-9 audit to identify any serious compliance issues.
Colorado Procedure for Conducting an I 9 Audit
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An immigration I-9 audit is when federal immigration officials review, or audit, an employer's I-9 forms to make sure they are accurate, and that all its employees have work authorization.
An I-9 audit can be triggered for a number of reasons, including random samples and reporting by disgruntled employees (or ex-employees). Certain business sectors, for example food production, are especially susceptible to I-9 audits, and "silent raids" by ICE.
Verify is a webbased system that allows employers and other participants to confirm the eligibility of their newly hired employees to work in the U.S. by electronically matching information on the employee's Form I9 against records available to the Social Security Administration and DHS.
Use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens.
ICE will administer inspections to audit I-9 compliance and ensure no one is being employed illegally. ICE will provide a Notice of Inspection (NOI) and will want I-9 documentation within three business days.
How long does the E-Verify process take? For most employees, the process will take less than one business day to complete, once the I-9 form has been sent to Simplei9.com.
Nearly 6,000 employers were I-9 audited in 2018, and some expect that number to shake out closer to 10,000 when the figures come in on 2020. $14 Million in fines were issued in 2019 for Form I-9 violations.
Below is a step-by-step process on how to audit I-9 forms.Step 1: Gather All I-9 Forms on File.Step 2: Obtain Forms I-9 for Current Employees Who Are Missing I-9s.Step 3: Audit Forms I-9 of Current Employees.Step 4: Correct Errors.Step 5: Terminated Employee I-9 Forms.Step 6: Complete the Audit.
If your company is subject to an I-9 compliance inspection, it is imperative to ensure all I-9 forms are in order and accurately filled out. Due to the importance of I-9 compliance, it is recommended that employers conduct their own I-9 audit bi-annually.