I-9 compliance is an important consideration for any employer in the United States. Documentation is required for all new hires and must be maintained to meet federal regulations.
A Union City I-9 compliance lawyer can help businesses with increased risk of I-9 regulation issues set up systems to ensure smooth and legal hiring processes. An immigration lawyer can also assist when an audit has turned up I-9 inconsistencies or violations.
Every employer in the United States is required to comply with federal I-9 regulations when making a new hire. However, some industries are at higher risk for I-9 compliance issues due to the temporary or seasonal nature of their hiring practices or the lack of clear documentation.
Industries that are likely to face higher I-9 compliance scrutiny include construction, hospitality, janitorial, landscaping, agriculture, food processing, and warehousing. Often, these industries have higher turnover in hiring practices, and they may have seasonal spikes in hiring that lead to a large influx of new hires on a regular basis.
In addition, some industries have a history of noncompliance or subpar recordkeeping practices, which can make other businesses within the industry—even if they have not made any violations themselves—more likely targets for auditing.
An I-9 audit is typically initiated by U.S. Immigration and Customs Enforcement (ICE) and will require an employer to demonstrate documentation for all current employees and former employees within the retention window (typically three years after the hire date or one year after termination of employment—whichever is later).
Usually, employers will have a three-day notice to gather this documentation, but that notice may be waived if there is a criminal investigation. This means that employers need to be ready to provide I-9-compliant documentation at any time.
During the audit, ICE will inspect each document for completeness, focusing on missing information and signatures, signs of fraud, and any payroll discrepancies. The agency notes the distinction between technical errors that can be corrected (such as a missing signature) and more serious violations (such as failing to obtain I-9 forms for new hires).
When an audit uncovers violations, the employer will typically be given a brief time (usually 10 days) to correct minor issues. More major issues may result in serious fines and criminal offenses—especially if there is a pattern of I-9 violations in the past. A lawyer in Union City could help a business understand the steps it needs to take after an I-9 audit.
Having a qualified, knowledgeable I-9 compliance attorney in Union City for guidance can help employers at every stage in the process. For large businesses where I-9 compliance is likely to be a complex issue, a lawyer can help set up compliant practices in hiring procedures to ensure the business is consistently audit-ready at any time.
It is also important that a business follow all anti-discrimination procedures (8 U.S.C. § 1324b) and not request documentation that violates these protections. A lawyer can help by providing customized training for HR and hiring teams to make sure all documentation is compliant and completed accurately.
If an employer faces an audit, a lawyer can help by responding to notices, documenting findings during the audit, preparing responses, and negotiating settlements if any fines are applied.
Our Union City I-9 compliance lawyer is ready to help your business prepare for an audit or represent you if I-9 violations have been found. Call us today to get honest, transparent advice that you can use to ensure compliance and confidence in your hiring practices.
(201) 330-8883