News Updates

I-9 Audits on the Rise -- Is Your Company in Compliance?

On July 1, 2009, the U.S. Immigration and Customs Enforcement (ICE) launched a new audit initiative by issuing Notices of Inspection (NOIs) to 652 businesses nationwide - which is more than ICE issued throughout all of last fiscal year. The notices alert business owners that ICE will be inspecting their hiring records to determine whether or not they are complying with employment eligibility verification laws and regulations. Inspections are one of the most powerful tools the federal government has to enforce employment and immigration laws. This new initiative illustrates ICE's increased focus on holding employers accountable for their hiring practices and efforts to ensure a legal workforce.

The 652 businesses being presented with a NOI on July 1, 2009 for a Form I-9 audit were selected for inspection as a result of leads and information obtained through other investigative means.

In FY 2008, ICE issued 503 similar notices throughout the year. In April, ICE implemented a new, comprehensive strategy to reduce the demand for illegal employment and protect employment opportunities for the nation's lawful workforce. Under this strategy, ICE is focusing its resources on the auditing and investigation of employers suspected of cultivating illegal workplaces by knowingly employing illegal workers. The nationwide initiative being launched is a direct result of this new strategy.

Many people think that only a corporate entity or an unauthorized employee can be penalized for I-9 violations.  However, it is important to realize that the individuals who complete the I-9 forms on behalf of the company (often times an employee in HR) can also be held personally liable for I-9 violations.  On July 14, 2009, a Grand Jury at the South Carolina District Court indicted a human resource manager and a complex manager from a poultry plant for knowingly hiring “unauthorized aliens for purposes of employment.” United States of America v. Elaine Crump, Barry Cronic, Columbia Farms (G.D. SC, 07/14/2009).

Given ICE’s new audit initiative, we believe it is important for our clients to assess their I-9 forms to ensure compliance with all I-9 regulations.  LMAC is your partner in this effort and we want to ensure that our clients’ I-9s can withstand an audit if necessary.  Some of the services we offer on an hourly basis include:

-I-9 Training: LMAC offers in-depth trainings for your HR professionals on I-9 best practices and compliance;

-Mock Audits: LMAC can perform a mock audit of your company’s I-9s.  We will advise on how the I-9s can be corrected and discuss systemic errors.

-Assistance with Self-Audits: If your company decides to perform a self-audit, LMAC can be a resource in answering your questions regarding how to correct or complete particular I-9s.

-Assistance with Actual Audits: If your company receives an audit notice, LMAC can advise on how to best handle the audit and assist in preparing the I-9s for inspection.

 I-9 compliance is more important than ever.  Let us know if LMAC can assist you in ensuring that your company’s I-9 forms are in order.

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