It has been reported that this latest wave of I-9 inspection notices to employers brings the total number of ICE I-9 audits to 2,338 for this year.  This exceeds their record-breaking audit total from 2010 of 2,196.  Average audit fines appear to be exceeding $110,000.

I-9 audits today are the key driving force of the Agency’s efforts in determining whether businesses are violating U.S. employment laws by hiring unauthorized workers.

“The inspections will touch on employers of all sizes and in every state in the nation, with an emphasis on businesses related to critical infrastructure and key resources,” ICE spokeswoman Gillian Christensen said in a statement.   Although ICE has not disclosed the names of the companies being targeted, they do include both large and small businesses in some 17 business sectors, including garment, construction, agriculture, food production, fast food chains, hospitality and financial services industries, as well as IT, healthcare, transportation, postal and shipping, commercial nuclear reactors and drinking water and water treatment.

For employers, the audits can lead to both civil and criminal penalties. The possibilities range from fines and being barred from competing for government contracts to criminal charges of knowingly employing illegal workers, evading taxes and engaging in identity theft.

In the past, ICE agents have initiated audits in one region, and companies in the same business were unlikely to face inspection elsewhere. But “businesses can no longer assume an audit is isolated in one location. It’s spreading nationwide,” said Julie Myers, ICE chief during the Bush administration.  Larger employers have been increasingly targeted since the establishment earlier this year of an ICE audit office outside Washington.  It has been reported that several utilities and food production companies in Montgomery, AL have received notices of inspection from ICE, and were surprised because they have been participating in E-Verify.  Participating in E-Verify doesn’t mean you won’t be audited.

The penalties for ignoring the legal requirements of the I-9 process can be quite severe, even in cases of unintentional omissions and uncorrected I-9 mistakes. Civil penalties for such errors may range from $110 to $1,100 for each affected employee. A business with thousands of employees and multiple worksites may face a significant financial burden in noncompliance penalties. The fines may be further increased if the Department of Homeland Security (DHS) determines that an employer knowingly hired unauthorized foreign nationals, and can range from $375 to $16,000 per violation with repeat offenders on the high end.

What’s the solution? One of the most cost-effective and convenient ways to take action is to conduct a preemptive partial (10-20% of your workforce) or full audit to see what’s buried in your I-9 paperwork. Analyze the results and initiate targeted training and institute a standardized policies and process for handling and managing your I-9 function.  This can easily be accomplished both onsite and offsite.  These steps are especially critical for companies that have a large number of employees, multiple locations, several people involved with the I-9 process and a high turnover rate.

Here is a list of our services and solutions and here is our I-9 Employer Resource Center

__________________

About Immigration Solutions

For those of you who may be first time readers, Immigration solutions provides US and Canadian business immigration services to employers and individuals and additionally provides a full range of I-9 employment eligibility compliance services for employers that require I-9 audits, training, and compliance policy development.