In today's complicated world of rules and regulations, businesses need to be careful about following U.S. immigration laws. One important challenge they face is being ready for an audit by U.S. Immigration and Customs Enforcement (ICE). These audits, especially checking a form called I-9, are happening more frequently. If a business doesn't follow the rules during these audits, it could face serious problems, including large fines or even legal charges.
Here are some tips on how your business can get ready and protect itself.
ICE audits can occur unexpectedly, and having proper documentation and best practices in place is crucial. Failing to do so can lead to costly fines, ranging anywhere from hundreds of dollars to tens of thousands. Failing to meet ICE audit requirements can also lead to legal issues, including criminal charges, as well as damage to a company’s reputation.
1. Check Your I-9 Forms Regularly and Remain Organized
It’s vital to remain diligent in reviewing your I-9 forms to find and fix any mistakes. Make sure everything is filled out completely, the right documents are included, and information is consistent. If you notice any missing forms or errors, address them as soon as possible.
Additionally, you typically have to show your I-9 forms within three days. This means it’s essential to keep your records organized and easy to find.
2. Establish Proper Employee Training
Ensure that your HR staff and anyone involved in the hiring process understand the rules for completing and maintaining I-9 forms. Providing regular training can help prevent common mistakes and ensure that everyone follows the same procedures.
Additionally, it’s important to educate your employees about their rights during an ICE audit, so they are informed and prepared.
3. Consider Using E-Verify
Employers should evaluate their current I-9 system and determine whether paper or electronic I-9 records are better for their organization and if E-Verify participation is mandated by law.
If it applies to your business, think about signing up for E-Verify. This is an online system that checks the information on an employee's I-9 against government records. While it's not required for everyone, it adds an extra layer of verification.
4. Understand Your Rights and Responsibilities
As an employer, you have the right to have a lawyer assist you during an audit. You also need to understand your responsibilities, including treating all employees fairly when checking their work eligibility.
5. Create a Response Plan
Have a clear plan in writing that outlines how to respond if you receive a notice of inspection from ICE. Designate someone in your organization as the main contact or create a rapid response team that is readily available should an ICE audit come knocking on your door. This individual or team will be responsible for implementing a plan of action, including training employees, reviewing any required documentation, and documenting every step of the audit along the way.
Being prepared is essential for handling ICE audits effectively. Companies that focus on following the rules not only steer clear of expensive fines but also show that they value honesty and responsibility in their hiring.
It's important to know that ICE isn't just looking at big companies; small and medium-sized businesses are being examined more closely too. By taking smart actions now, your business can approach any audit with confidence.
Fortunately, ProLiant specializes in helping businesses like yours navigate these audits with confidence. If you’d like to get help, simply click here to set up a quick meeting.
ProLiant puts the human in human resources. We provide a fully integrated, cloud-based HCM solution that simplifies payroll and HR processes. The company serves small to large clients in multiple industries in all 50 states and is committed to providing the highest quality customer service in the industry.
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