What to Do If Your Business Receives a Form I-9 Audit Notice in Dallas, TX

Staying organized with your Form I-9s might feel annoying, but it can save you a lot of money. Even though I-9 audits don’t happen often, Immigration and Customs Enforcement can still show up and review your records. Before that happens, make sure all your paperwork is correct, complete, and up-to-date.

If you’re not sure your business is ready for a Form I-9 audit, it’s best to be careful and look over your current employees’ paperwork. Failing an I-9 audit can cost tens of thousands of dollars, and in rare cases, repeated intentional violations can even lead to criminal charges. 

Below is a simple explanation of how the I-9 audit process works, along with tips on how to get prepared before ICE sends your business a notice of inspection. If you have questions or need help understanding your responsibilities, a Dallas I-9 compliance lawyer from Coleman Jackson, P.C., can walk you through the process and make sure you’re protected.

What Are I-9 Audits?

Any employer who hires workers in the United States must complete and keep Form I-9. This form shows that each employee is legally allowed to work in the country.

Even though state laws can differ, employers must check an employee’s documents in person, not over video. If you have remote workers, you can handle this in a few ways: choose someone near them (like a company rep, trusted person, or lawyer) to review their documents, have two remote workers check each other’s documents, or ask the remote employee to come to the workplace for training and complete the verification then.

Any business that uses Form I-9 can be audited at any time. If your company is chosen for an audit, you’ll have three days to gather and turn in your current paperwork. During the audit, ICE agents look through your documents to confirm that your employees are legally allowed to work.

Preparing for an I-9 Audit

Employers must keep their I-9 records updated, but most small businesses don’t have to send anything to the government unless they’re being audited. Because of this, many small businesses let their I-9 paperwork become outdated or incorrect.

Larger companies usually have HR staff who are trained to handle I-9 forms, and they tend to manage the process carefully. Small businesses, however, often don’t feel the same urgency because they don’t have to file the form; they only have to keep it in their office. As a result, many small businesses still fail to keep their I-9s updated, even with more audits happening. This is why hiring the right HR professionals can make a big difference.

Like with most rules, the best way to stay compliant is to prepare for an I-9 audit ahead of time. You might never be selected, but if you are, it helps to show that you made an honest effort to follow the law and fix any mistakes in your I-9 paperwork.

Steps you can take to help your business prepare include:

Fill Out the Forms With Your Employees

There are no prizes for guessing that completing the I-9 form is the first step in getting ready for an audit. It should also be part of your new-hire process. The form has three sections that both the employee and the employer must fill out:

• Employee Information and Attestation (Section 1): This section of the form must be completed by the employee on or before their first day of employment. They will give basic details such as their address, date of birth, citizenship or immigration status, full legal name, and any other names they may have used. The date their work authorization expires, their I-94 admission number or foreign passport number, their alien or USCIS number, and perhaps their Social Security number or email address are also required. The employee fills out the form, signs it, and dates it.
• Employer or Authorized Representative Review and Verification (Section 2): After the employee’s first day of work, you, the employer, have three business days to finish this section. The worker will provide you with proof of identity and legal employment, such as a driver’s license or Social Security card. After verifying the authenticity of the original documents, you must record the information. In addition, you will sign and date the document, add your company name and address, and record the employee’s first day of employment. The form can then be given back to the employee.
• Reverification and Rehires (Supplement B): As an employer, you complete this section only when you need to reverify an employee’s work authorization or when you are rehiring someone. For reverification, you must verify the new documents, record the document title, number, and expiration date, and then sign and date the section. For rehires, you must make sure the original I-9 still belongs to that employee and that their documents have not expired. Then you enter the rehire date and sign and date the form. If the old I-9 is no longer valid, the employee must give you new documents.

Perform an Internal Audit

Any Dallas I-9 compliance lawyer worth their salt will advise employers to perform their own internal audit to spot mistakes before ICE finds them. For small businesses, this may mean reviewing every employee’s I-9 form. For larger companies, checking a random sample of forms is usually enough. Internal audits also give employers a chance to fix I-9s that are outdated or wrong. If any employees need their work authorization reverified, an internal audit can help you stay on top of that, too.

If an employer doesn’t have a good system to remind the person in charge to reverify someone’s work authorization, they might accidentally keep someone on staff who is no longer allowed to work. It’s an easy thing to miss. Because there’s a lot to keep track of, having clear internal steps for reverifying work authorization is extremely important.

• Gather all employee data and their I-9 forms in order to prepare for an internal I-9 audit.
• Verify whether any forms are incomplete or missing.
• Check each form for errors or information that is missing.
• Verify that each form is fully current and satisfies the current I-9 requirements.
• Take out any I-9s that are no longer required or have expired.
• Fix any problems you discovered while reviewing.

Some of the most common I-9 mistakes happen when employers or employees forget to fill in certain parts of the form or miss required deadlines. For example, people often forget to sign the form, leave out important information, or fail to list the right documents or their USCIS number if they are lawful permanent residents. When you do your audit, go through each section carefully so you can catch and fix these errors.

Fix Any Omissions or Mistakes 

If you find any mistakes during your audit, fix them as soon as possible. USCIS says you can correct an error by drawing a line through the wrong information, writing in the correct details, and then adding your initials and the date.

If there are a lot of mistakes, you may want to redo the whole section and attach it to the original form, or just fill out a brand-new I-9. However, you should never try to hide or cover up any errors.

Keep Your I-9 Forms and Relevant Documents Somewhere Safe

USCIS says you can store your I-9 forms either at your workplace or at a secure off-site location. You can keep them in one format or a mix of formats, such as paper, microfilm, microfiche, or digital files. Since these forms contain sensitive personal information, make sure they are stored safely but can still be accessed when needed.

Work With a Trusted Dallas I-9 Compliance Lawyer

Maintaining accurate and current I-9 forms can prevent major fines and stress for your company in the future. Getting advice now can make all the difference if you’re not sure if your records are in good condition or if you need assistance fixing mistakes from the past.

To speak with an experienced Dallas I-9 compliance lawyer, call Coleman Jackson P.C. at (214) 559-0431 or fill out our online contact form for a simple, no-pressure consultation. We can look over your situation and help you understand the safest way to move forward.

This law blog is written by the attorneys at Coleman Jackson, P.C., located at 6060 North Central Expressway, Suite 620, Dallas, Texas 75206, for educational purposes only. It does not create an attorney-client relationship between this law firm and the reader. You should consult with legal counsel in your geographic area regarding any legal issues affecting you, your family, or your business.

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