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.
South Dakota Procedure for Conducting an I 9 Audit
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Yes, Checking a Box on Form I-9 Counts as a False Claim to U.S. Citizenship. As mentioned above, lying about being a U.S. citizen in order to work is one of the ways in which a person can become inadmissible.
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.
During the audits, Immigration and Customs Enforcement (ICE) inspectors review businesses' documentation regarding work authorization for their foreign employees. I-9 audits can have consequences for employers who fail to comply with the law.
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.
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.
If the new hire does not present acceptable identification documents by the end of three business days after the first day of work for pay, you may terminate the employee for failing to complete the I-9 form.
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.
Employers must complete and sign Section 2 of Form I-9, Employment Eligibility Verification, within 3 business days of the date of hire of their employee (the hire date means the first day of work for pay). For example, if your employee began work for pay on Monday, you must complete Section 2 by Thursday of that week.
Do we have to pay an employee who terminated employment before completing Form I-9? Yes. An incomplete I-9 form does not affect an employer's ability or obligation to pay an employee. The I-9 form is used to verify eligibility to work in the U.S. and does not affect payroll.
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.
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