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I-9 Verification

At Bolour / Carl Immigration Group, APC, we assist employers in conducting thorough I-9 verification processes that uphold compliance with federal hiring requirements. Our dedicated team offers practical guidance, clarifies each stage of document review, and identifies common pitfalls before they create costly issues. By partnering with our I-9 verification attorneys, employers gain the support and clarity they need to maintain lawful employment practices and build trust with their workforce.

How Can an Immigration Attorney Help Employers Reduce I-9 Compliance Issues?

Auditing and reviewing I-9 records is a critical task for ensuring compliance with federal law and avoiding potential fines or penalties. When an immigration attorney assists with this process, they provide expertise to identify and rectify errors while safeguarding the employer against legal risks. Here’s a breakdown of what is involved and what we do for our clients:

  1. Planning the Audit

  • Scope Definition: We help determine whether the audit will cover all I-9 forms or just a sample (e.g., forms completed within a specific timeframe).
  • Confidentiality: Establish procedures to protect sensitive employee information during and after the audit.
  • Compliance with Laws: Ensure the audit is conducted in a non-discriminatory manner and in accordance with federal and state laws.
  1. Collecting and Organizing Records
  • Centralizing Documentation: Gather all I-9 forms, including supporting documents (if applicable).
  • Retention Review: Verify that the employer has retained I-9 forms for the appropriate duration:
    • 3 years after the date of hire, or
    • 1 year after the employee’s termination, whichever is later.

  1. Reviewing I-9 Forms

  • Check for Completeness:
    • Ensure all required sections of the form are properly filled out.
    • Verify that the employer and employee signed and dated the form within the required timeframe.
  • Validate Documentation:
    • Confirm that employees provided acceptable documents to establish identity and work authorization.
    • Check for missing, expired, or incorrect documents.
  • Review Timeliness:
    • Ensure that Section 1 was completed on the employee’s first day of work.
    • Verify that Section 2 was completed within three business days of the employee’s start date.
  • Identify Common Errors:
    • Missing or incorrect information (e.g., names, dates, or document numbers).
    • Overdocumentation or accepting noncompliant documents (potential discrimination risks).

  1. Correcting Errors

  • Guidance on Proper Corrections:
    • Ensure that errors are corrected properly by either the employer or the employee, as required.
    • Use a single line to strike through errors, make corrections, and include initials and dates for transparency.
  • Replacement Forms:
    • If an I-9 form is beyond repair, complete a new one and attach it to the original form with an explanation.
  • Avoid Altering Records:
    • Advise against backdating forms or making unauthorized changes that could raise compliance concerns.

  1. Documenting the Audit

  • Audit Trail: Maintain detailed records of the review process, corrections made, and any additional steps taken.
  • Create a Summary Report: Include an overview of findings, identified errors, and actions taken to address deficiencies.
  • Internal Recommendations: Provide suggestions for improving I-9 processes moving forward.

  1. Implementing Compliance Measures

  • Training:
    • Train HR staff on proper I-9 completion, updates, and retention procedures.
  • Developing Procedures:
    • Establish clear policies for future I-9 verification, including reminders for expiring work authorizations and regular internal audits.
  • E-Verify Integration:
    • If applicable, assist with the proper use of E-Verify to supplement I-9 verification.

  1. Preparing for External Audits

  • ICE Inspection Readiness:
    • Ensure that all I-9 records and processes are compliant in case of a government audit or investigation.
  • Representation:
    • Offer legal representation during audits by the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), or other regulatory bodies.
  • Mitigation of Fines:
    • Negotiate with authorities and take corrective actions to minimize penalties for discovered violations.

By conducting a thorough audit, we help employers address compliance gaps, reduce liability, and establish sound I-9 practices to maintain legal employment eligibility verification.

Connect With Us

With our guidance, employers benefit from a thorough and well-structured approach to I-9 compliance. At Bolour / Carl Immigration Group, APC, our immigration attorneys prioritize clear communication, reliable support, and practical solutions that help prevent unnecessary complications. By partnering with our firm, businesses can move forward with confidence, knowing their employment verification processes align with federal standards and foster a secure, productive work environment.