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.
Indiana Procedure for Conducting an I 9 Audit
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Filling Out an I-9 FormPart I: For the Employee, Establishing Identity.Part II: For the Employer, Reviewing the Employee's Documents.Part III: For the Employer, When Rehiring.
You must ensure that all parts of Form I-9 are properly completed; otherwise, you may be subject to penalties under federal law. The employee must complete Section 1 no later than the employee's first day of employment.
An I-9 audit is when federal immigration officials review an employer's Forms I-9 to make sure they are accurate, complete, and that all its employees have the proper work authorization. An audit may be triggered for various reasons, including random samples or reporting by ex-employees.
The I-9 form is made up of three parts:Part I: For the Employee, Establishing Identity. This part of the form is completed by the employee.Part II: For the Employer, Reviewing the Employee's Documents. This part of the form is completed by the employer.Part III: For the Employer, When Rehiring.
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.
9 audits can have consequences for employers who fail to comply with the law. Fines and penalties for failed 9 audits can run into the tens of thousands of dollars, and repeated willful violations of the law could even lead to criminal prosecution in rare cases.
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.
During the audit process, I-9 forms will be matched up against the current roster of employees to check for any discrepancies. If an I-9 is not present for an employee, make best efforts to obtain one as soon as possible. In an I-9 audit, accuracy is key.
Form I-9, Employment Eligibility Verification consists of three sections:Section One: Employee Information and Attestation. Completed by employees.Section Two: Employer or Authorized Representative Review and Verification. Completed by employers.Section Three: Reverification and Rehires.
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.
