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.
New Jersey Procedure for Conducting an I 9 Audit
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FAQ
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).
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.
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.
The current Form I-9 expiration date is August 31, 2019.
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.
Employers must maintain the I-9 of an employee for three 3 years after the date of hire or 1 year from the date of termination. Most importantly, it never hurts to pre-prepare. An I-9 audit can be as smooth process if an employer can stay in compliance.
Federal regulations state you must retain a Form I-9 for each person you hire for three years after the date of hire, or one year after the date employment ends, whichever is later.
You are required to complete and retain a Form I-9 for every employee you hire for employment in the United States, except for: Individuals hired on or before Nov. 6, 1986, who are continuing in their employment and have a reasonable expectation of employment at all times.
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.
The audit may be conducted by either Immigration and Customs Enforcement (ICE) or Homeland Security Investigations (HSI), a division within ICE. Immigration officials do not need a warrant to conduct an I-9 audit.
