As the official start of summer approaches many companies may slow down just a bit as employees take vacations over the next couple of months.  Legal Employer encourages you to use this time to get your “I-9 House” in order.  Summer can be a great time for human resource professionals to make the time to ensure that their company is I-9 Compliant.  Here are three questions to ask yourself as you get started:

Are We Using The Most Current Version of Form I-9?

Employers (of all sizes) are required by law to verify the identity and employment eligibility of their employees using Form I-9.  When we assist companies by conducting internal I-9 audits we often find the employer using expired I-9 forms for their new hires.  An employer must ensure they are using the most current version of the Form I-9.  The most current version of the Form I-9 (http://www.legalemployer.com/html/forms.php) was revised 8/7/09 and has an expiration date of 8/31/12.  No other I-9 form is considered valid for new hires to complete.  Review your blank I-9 Forms and discard any expired ones.

 Do We Have a Documented I-9 Compliance Plan?

Every business (of any size) should have a written company policy to document the procedures the company follows to ensure they are complying with the requirements of IRCA.  The plan should include:

-          Who is responsible for the company’s I-9 compliance program

-          What training programs are in place

-          When are I-9 forms completed

-          How are they stored

Employers that have a written compliance plan are more likely to enjoy the “good faith” defense in the event of an ICE inspection.

 Does Our Company Have a Retention Policy For Our I-9 Forms and Are We Following It?

You are required to keep an I-9 form for the entire term of employment, plus 1 year after the date of termination or 3 years after the date of hire, whichever is longer.  If you do not have a company policy or procedure in place for dealing with archived I-9 forms, now is the time to develop one. 

 An Independent Third party I-9 audit is a great way to proactively help you identify the issues, errors, and omissions that will be costly if your company is selected for a worksite inspection.  As you know  ICE audits have been growing in numbers and are expected to increase.  An independent auditor will identify issues and offer solutions where available and will ultimately save an employer thousands of dollars, many headaches and much time.  The experts at Legal Employer conduct countless audits for clients of all sizes.  Let us help to provide you the peace of mind knowing that your I-9 forms are in order.  Contact us today for your free consultation.  What’s in Your Files?

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