Powers HR warned you, and here it is- I-9 audits
coming shortly!
Posted in: HR Morning: Employment
law, Hiring, Immigration, Records
documentation, Special
Report July 10, 2009 by Jim Giuliano
To further prove that immigration reform is still on the front
burner, Immigration and Customs Enforcement announced its plan
to implement a nationwide audit of employer I-9s.
ICE
announced that it’s drawing up Notices of Inspection
to review the I-9 records of 652 employers — names not released
yet. In some instances, the notices will include subpoenas for
records such as
- Quarterly wage reports
- EINs
- Business licenses
- Correspondence from Social Security Administration regarding
no-match letters, and
- Payroll data.
Employers
whose I-9-related records don’t pass muster with
ICE will then receive Notices of Intent to Fine. Also in
the announcement, ICE officials said the audit is just a “first
step,” so employers probably can expect more audits and inspections.
What
happens if you’re contacted for an audit? Make sure
you know:
- The
name and contact information of company legal counsel. If the
company’s
legal counsel is not in-house, there should be written instructions
for personnel to contact outside counsel immediately.
- Who,
in HR or otherwise, will be the the company’s representative
for the ICE investigation or audit. You’ll want all communication
with ICE channeled through that person to avoid redundancy or
contradictions in information.
- The names of company managers who should be informed of an
ICE investigation or audit.
And keep in mind:
- An investigator may contact you and ask for an interview, but
you have the right to refer the investigator to an attorney.
- An investigator has no right to files and records without a
search warrant or subpoena.
- Once
you’re
informed of an intent to investigate, take special care to
secure all related records. Destruction or loss of records
after notification could be seen as an attempt to destroy evidence
or sabotage the investigation.
Please contact Fern
Powers, 215-563-5520 immediately if you need to put
your records in audit readiness and to have access to an
employment attorney.
