I-9 Audits And Compliance For Employers
Memphis, Tennessee I-9 Audit Lawyer
The United States provides many people with the opportunity to work and provide for themselves and their families. However, it is important for foreign national citizens to obtain the proper authorization to work in the U.S., and employers are required to verify this authorization by completing I-9 forms for every employee. Failure to correctly complete, maintain, and retain these forms can result in large fines and even criminal prosecution. At Douglass & Runger, Attorneys at Law, we can help you avoid these fines by assisting with audits and ensuring that you follow the correct procedures for I-9 compliance.
The I-9 Audit Process
If Immigration and Customs Enforcement (ICE) believes that an employer has hired someone who is not authorized to work in the U.S., they may conduct an I-9 audit. This process begins when ICE sends a Notice of Inspection to the employer, after which the employer will have at least three days to provide ICE with I-9 forms for every current employee, and they may also be required to provide additional information, such as business licenses, articles of incorporation, or payroll data.
After inspecting the I-9 forms for compliance, ICE will provide the employer with one or more of the following documents:
Notice of Inspection Results
This notice shows that an employer is in compliance.
Notice of Suspect Documents
This notice shows that ICE has found that one or more employees are not authorized to work, and it will describe the potential civil and criminal penalties an employer may face for continuing to employ them. If this finding is not correct, the employer and employees may provide additional documentation to demonstrate the employees' eligibility for employment.
Notice of Discrepancies
This notice shows that ICE was unable to verify one or more employees' employment eligibility. After receiving this notice, employers should inform their employees and work with them to provide additional documentation that demonstrates their authorization to work.
Notice of Technical or Procedural Failures
This notice shows that there were some technical violations on the provided I-9 forms. Employers have 10 days to correct these violations.
This notice shows that ICE found substantive violations with I- 9 forms, but they do not believe a fine is warranted, as long as the employer takes steps to come into compliance in the future.
Notice of Intent to Fine
This notice shows that ICE has found substantive violations and will fine the employer accordingly. After receiving information specifying these violations, employers may either negotiate a settlement with ICE or request a hearing with the Office of the Chief Administrative Hearing Officer (OCAHO).
Contact an I-9 Compliance Attorney
If your company has received notice of an I-9 inspection from ICE, Douglass & Runger, Attorneys at Law can help you ensure that the information on your documents is correct, work to correct any issues found during the audit, negotiate a favorable settlement of any fines, or provide representation in an OCAHO hearing. If you have any questions about I-9 compliance, please contact our Memphis immigration attorneys at 901-388- 5805.