Employers should be aware of recent updates made by U.S. Immigration and Customs Enforcement (ICE) to Form I-9 compliance policies. Most notably, ICE reclassified several common “administrative” Form I-9 errors as “substantive” violations, increasing exposure for employers during audits. Mistakes that were previously considered correctable may now result in immediate monetary penalties following a Form I-9 inspection.
Reclassified violations include:
- Missing date of birth.
- Missing date of hire.
- Incorrect use of Spanish-language I-9 outside of Puerto Rico.
- Failure to ensure that the preparer and/or translator’s complete name, address, signature, and date are provided on Form I-9 (where applicable) at the time of completion in Supplement A.
- Missing title of the employer or authorized representative.
- Failure to date sections 1 or 2.
- Failure to enter rehire date in Supplement B (where applicable).
Ultimately, employers should recognize that there is now less room for administrative error during an I-9 audit as issues that could previously be corrected may now lead to immediate fines. As a result, taking proactive steps to ensure and maintain compliance is critical.
Kring & Associates, APC advises employers in maintaining I-9 compliance by reviewing current practices and helping implement safeguards that reduce the risk of penalties during audits. We help identify and correct potential issues before they result in penalties or audit exposure. Contact our attorneys for guidance in maintaining compliance with current and developing employment laws.
Kerri N. Kramer is a Partner specializing exclusively in employment law. Her primary work involves advising employers on day-to-day employment issues, defending employers when claims cannot be avoided, and ensuring employers remain compliant with evolving employment laws. She can be reached at (949) 393-1400 or [email protected]. Francesca C. Gonzales is an employment law Associate at the Firm. She can be reached at (949) 393-1400 or [email protected].