Is Your Company Exposed?

Errors in your Form I-9s can cost your business money! Random audits of employment paperwork by the USCIS have increased dramatically… fines for Form I-9 errors can reach into the tens or hundreds of thousands of dollars. A Form I-9 audit by Verifyi9 can save you thousands by identifying errors now, before the government shows up!

It pays to have an experienced professional Form I-9 Audit Service review your forms for accuracy!

  • Audits certified for contractors (Publix, Fedex, Walmart, others)
  • Form I-9 audit and E-Verify… help you ensure a legal workforce

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Form I-9 is not just another piece of bureaucratic “red tape”… even simple errors in the form can result in thousands of dollars in fines or charges of discrimination if audited by the federal government.

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Form I-9 Audit Services

More Info about Form I-9 Audits

More about technical and substantive errors, fines and penalties

Technical vs Substantive Form I-9 Errors

Errors and omissions discovered in an ICE Form I-9 inspection will be classified as either technical errors or substantive errors. Technical errors are minor issues that ICE will allow you to correct.

Examples of Technical Errors

Some common errors that are considered technical include:

  • failure to ensure an individual provides an address or birth date in Section 1;
  • failure to ensure that an individual provides his A-number in Section 1, but it is listed in Section 2 or on a legible copy of a document retained with Form I-9 and presented at the ICE inspection;
  • failure to provide the document title, identification number(s) or expiration date(s) of a proper List A, B and/or C document(s) in Section 2, but only if a legible copy of the document(s) is retained with the I-9 and presented at the ICE inspection; and
  • failure to provide the representative’s title, company name and/or address in Section 2.

When technical or procedural violations are found, an employer is given ten business days to make corrections. Technical errors that are corrected will usually not result in a fine.

Examples of Substantive Errors

Substantive violations may include the following:

  • failing to produce Form I-9 for an employee;
  • no box checked on the Form I-9 or multiple boxes were checked attesting to the employee’s status;
  • no employee and/or employer signatures on the Forms I-9;
  • no A-number provided (for non-citizens);
  • information was not fully recorded on the Forms I-9, and copies of the documents were not retained and provided to ICE; and
  • unacceptable documents recorded in Lists A, B and/or C. Ketchikan Drywall Services, Inc. v. ICE, 725 F.3d 1103 (9th Cir. 2013).

If the employer cannot establish good faith or if the violation is a substantive violation, the employer will not be allowed 10 business days to correct it.

Fines and Penalties

An employer may receive a monetary fine for all substantive and uncorrected technical violations. Penalties for substantive violations, which includes failing to produce a Form I-9, range from $220 to $2,200 per violation. The amount varies depending on several factors including the percentage of forms with errors in relation to the total number of forms audited; and whether or not the employer has previously been audited and fined.

Penalties can also be enhanced or reduced based on several factors including business size, good faith, the seriousness of the errors, the employer’s history, and whether or not the errors resulted in an unauthorized worker being hired.

Knowingly Hiring or Retaining Unauthorized Workers

Employers who knowingly hired unauthorized workers will be required to cease the unlawful activity, may be fined. Fines can range from $548 for a first offense when a low percentage of unauthorized workers are discovered, to $19,242 for a repeat offender when a majority of the employer’s workforce is unauthorized.

Additionally, an employer found to have knowingly hired or continued to employ unauthorized workers may be subject to debarment by ICE, meaning that the employer will be prevented from participating in future federal contracts and from receiving other government benefits.

In certain situations, the employer may be criminally prosecuted. Recent prosecutions have not been limited to company owners and officers, but have extended to lower-level managers and field supervisors.