With President Trump taking office again in January 2025, immigration is expected to be a key focus of his administration’s agenda. The legal and HR communities are already buzzing about potential changes, including an increase in Immigration and Customs Enforcement (ICE) raids and the possibility of E-Verify becoming a mandatory requirement for all U.S. companies. These anticipated changes underscore the need for organizations to revisit their immigration compliance strategies—especially when it comes to the completion and maintenance of I-9 forms.
The Importance of I-9 Compliance
All U.S. companies are required to accurately complete Form I-9 for each new hire, verifying the individual’s identity and employment authorization. The I-9 process may seem straightforward, but it comes with strict compliance requirements:
Accurate Documentation: The information on the I-9 form must be accurate and correctly match the identification documents provided by the employee. Even minor discrepancies can lead to compliance issues.
Separate Storage: I-9 forms must be stored separately from employees' general personnel records. This separation is crucial because it allows for easy access during an audit without revealing other sensitive employee information.
Retention Requirements: Companies must maintain I-9 forms for a specific duration—either three years after the date of hire or one year after the date employment ends, whichever is later. Keeping I-9 records beyond this period can increase the risk of non-compliance, while failing to retain them properly may lead to hefty fines.
Why Conduct an I-9 Compliance Audit?
In the current environment, conducting a comprehensive I-9 audit is more important than ever. This proactive step can help identify and correct any issues before ICE comes knocking. While some companies may consider handling this review internally, there are significant benefits to hiring an outside consulting firm for the audit:
Objective Perspective: External consultants bring a fresh, unbiased perspective. Internal reviewers may unintentionally overlook errors due to familiarity or a lack of expertise in immigration law.
Specialized Expertise: Immigration law is complex and constantly evolving. A consulting firm specializing in compliance audits stays up to date with the latest legal requirements and best practices, ensuring your company’s I-9 forms are reviewed thoroughly.
Minimizing Risk of Penalties: Errors on I-9 forms, even if unintentional, can lead to substantial fines. By working with an experienced consultant, your company can minimize the risk of penalties from ICE and ensure that any issues are resolved before an audit takes place.
Next Steps for Your Company
If your company hasn’t conducted an I-9 compliance audit recently, now is the time to act. With the possibility of increased immigration enforcement and new legal requirements, a proactive approach can save your organization from costly fines and legal headaches down the road. Remember, it’s better to identify and correct issues now than to be caught off-guard during an ICE audit.
By taking steps to ensure your I-9 compliance today, you can safeguard your organization and be prepared for any changes the future may bring. If you need assistance, reach out to HR Transformation LLC for a comprehensive I-9 audit tailored to your needs.
Call us at 574-952-4094
Disclaimer
This blog post is intended for informational purposes only and does not constitute legal advice. The information provided is based on current industry discussions and anticipations but should not be taken as a prediction of future policies or outcomes. HR Transformation LLC recommends consulting with a qualified legal professional for specific guidance related to your company’s compliance obligations. HR Transformation LLC is not liable for any actions taken based on the content of this blog.
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