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.
Montana Procedure for Conducting an I 9 Audit
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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.
Immigration and Customs Enforcement (ICE) is one of the main agencies that enforces this federal law, often by conducting I-9 audits, and with increasing regularity through work site raids (even during the COVID-19 pandemic).
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.
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.
9 Verification in CaliforniaOption 1: The employer chooses an Authorized Representative to verify the 9 Form. Oftentimes, employers use notaries to complete the Form 9 for their remote workers.Option 2: Find a notary that is qualified and bonded as an immigration consultant.
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.
An internal I-9 audit is the systematic review of your organization's Forms I-9 to identify missing I-9s, incomplete I-9s and I-9s with issues. This is an opportunity to make any necessary corrections, and: Make corrections in accordance with U.S. Citizenship and Immigration Services (USCIS) procedures.
Officials from the Department of Homeland Security, employees from the Immigrant and Employee Rights Section (IER) at the Department of Justice, and employees from the Department of Labor may inspect an employer's Form I-9, Employment Eligibility Verification.
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.
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