According to the American Staffing Association, businesses are reporting that audits by U.S. Immigration and Customs Enforcement (ICE) are on the rise. This increase in ICE Notices of Inspection (NOIs) reflects a crackdown on employers hiring illegal immigrants, rather than on the illegal immigrants themselves.
In an NOI, ICE will request hiring and payroll records, as well as other pertinent documentation to determine compliance with employment eligibility verification laws. Typically, all documentation must be produced within 3 business days.
As one of South Florida’s top staffing agencies, we know it is critical that you have a consistent and error-free process in place for complying with form I-9 regulations. Companies that don’t can get hit with big fines, criminal penalties, negative media attention, and disruptions in productivity.
To avoid compliance troubles, here are some guidelines to keep in mind:
- All employees hired after November 6, 1986 must complete 1-9 forms, even if they only worked at your company for a week. This form is not for independent contractors, or temp workers; it’s for employees only.
- While the law states that an employee has three days to complete the I-9 form after hire, get it done on their first day. Be sure to remind them to bring an acceptable form(s) of ID with them on their first day. Remember, ID must be an original, not a photocopy.
- The law doesn’t require you to photocopy an employee’s documentation, but it does require that you have consistent policies in place. That means if you photocopy one employee’s ID, then you must do the same for all employees to avoid any appearance of discrimination.
- Keep each employee’s I-9 in a file separate from their personnel file; you can store them in paper files, or electronically.
- If you rehire an employee within three years of their original employment date, you can re-use the original I-9 form by completing section 3.
- If you terminate an employee, then you must retain their 1-9 form for three years after the date of hire or one year after the date their employment was terminated – whichever comes later.
- Periodically review your employee I-9 files and destroy those that you are no longer required to keep. That way, you’ll reduce your potential for liability in the case of an audit.
Also, keep in mind that when you bring on temporary workers, with the the help of a South Florida temp staffing agency, the agency will handle all the paperwork – including 1-9 forms – so you can focus on running your business.
If you’re interested in learning more about the many benefits of temp staffing, please contact Future Force today.