On July 1st – just before the long hot Fourth of July holiday weekend – the U.S. Immigration and Customs Enforcement (ICE) turned up the heat on U.S. employers by issuing Notices of Inspection (NOIs) to 652 businesses nationwide to determine whether or not they were complying with employment eligibility verification (Form I-9) laws and regulations.

Employers are required to complete and retain an Employment Eligibility Verification form – also known as Form I-9 – for each individual they hire for employment in the United States. This form requires employers to review and record the individual's identity document or documents and determine whether the document(s) reasonably appear to be genuine and related to the individual.

The large amount of notices – ICE issued 503 similar notices throughout all of fiscal year 2008 – illustrates ICE's increased focus on holding employers accountable for their hiring practices, Form I-9 compliance, and efforts to ensure a legal workforce. Form I-9 audits are one of the most powerful tools the federal government has to enforce employment and immigration laws.

The businesses being presented with a NOI for a Form I-9 audit were selected for inspection as a result of leads and information obtained through other investigative means. ICE is committed to establishing a meaningful I-9 inspection program to promote compliance with the law. This nationwide effort is a first step in ICE's long-term strategy to prevent illegal employment.

Recently, ICE implemented a new, comprehensive strategy to reduce the demand for illegal employment and protect employment opportunities for the nation's lawful workforce. Under this strategy, ICE is focusing resources on the auditing and investigation of employers suspected of cultivating illegal workplaces by knowingly employing illegal workers.

Employers wishing to protect their businesses in the event of an ICE audit should be certain that they are filling out each Form I-9 correctly and know the rules on how long they must retain those documents. Also, anyone involved in the hiring process should be trained on the correct way to complete I-9 forms, maintain I-9 compliance, and federal recordkeeping requirements.

In addition, training should cover Form I-9 “best practices” including:

• How to properly complete I-9 forms at the time a new employee is hired.
• What documents are acceptable as proof of identification or work eligibility.
• How to properly store I-9 forms in order to help a business stay in compliance.
• How to review current I-9 forms to identify employees who need updates in status.
• How long employers need to retain I-9 forms after employees leave their jobs.

A designated E-Verify agent, I-9Compliance.com – a service offered by leading pre-employment screening and Human Resources (HR) outsourcing provider Pre-Employ.com – helps employers maintain full Form I-9 compliance, reduce risks and liability, virtually eliminate errors, and improve the economy by ensuring jobs for legal Americans. For more information, download a complimentary white paper – "15 Facts You Should Know About I-9 Compliance" – visit www.i-9compliance.com, email sales@i-9compliance.com, or call 1-800-300-1821 to talk to a service representative.

tahearn@pre-employ.com

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