AUDITS AND DEFENSE

When hired for a new job, all workers – citizens and immigrants alike – must complete an I-9 form, which verifies their right to work in the United States. Employers are required to keep these forms on file for at least three years after an individual’s employment commences, or for one year after he or she has left the company. The Department of Immigration and Customs Enforcement, also known as ICE, conducts regular I-9 audits to ensure employers are in compliance with these regulations and that they are not hiring illegal immigrants.

How I-9 Audits Work

During an audit, ICE will issue a Notice of Inspection to the employer, requesting all employee I-9s within three days. They may also request payroll and bank records, a list of current employees, social security no-match letters, business licenses and more. Essentially, ICE is looking to see that all employees are eligible to work in the U.S., that no employees are being paid under the table and that no employees have been terminated without notice.

If employers are found to be non-compliant or any fraudulent or inaccurate information is found on employee forms during the I-9 audits, the employer and employee in question could face serious consequences. The employer could be fined anywhere from $110 to upwards of $16,000. They could also face jail time or be required to terminate any employees found to be in violation of immigration laws.

Employers facing an I-9 audit should contact a San Antonio immigration attorney as soon as possible. An attorney can help ensure that all paperwork and documentation is ready for inspection and is in compliance with all regulations. If necessary, an immigration attorney can also offer defense on their behalf, if they’re found to be non-compliant in any way.

Get Help with I-9 Audits

Are you facing potential I-9 audits at your business? Do you want to be prepared in case you are audited? Contact the Davis Law Firm today to discuss your options with one of our highly qualified San Antonio immigration attorneys at 800-770-0127 or 210-444-4444, or fill out a contact form here.