In July 2009, the United States Immigration and Customs Enforcement agency (“ICE”) announced that approximately 650 businesses nationwide were targeted for in-person audits of I-9 employment eligibility verification forms.

In November 2009, ICE announced that it issued I-9 audit notices to an additional 1,000 businesses relating to the “critical infrastructure” and “public safety and national security” industries. 

These sudden announcements were the result of leads and information obtained by the ICE relating to violations of the law.  Businesses in various industries including restaurants, construction and trucking, and manufacturing have already been affected by the audits.

Employers are required to complete and retain a proper Form I-9 for each and every employee hired after November 6, 1986 to show that the employee is authorized to work in the United States.  The employer must continue to ensure employees are eligible to work as authorization documents expire.  Additionally, employers are requested to submit Form I-9s, payroll records, payroll tax filings, W-2s and 1099s, Social Security “no-match” letters and other documentation in order for ICE to determine whether an employer is in compliance with employment eligibility laws. A finding of noncompliance may lead to fines and/or criminal penalties if ICE determines there is a “pattern and practice” of violations.

Upon notification, businesses are given limited time to prepare for the audit by federal representatives.  For more information on an employer’s requirements contact Robert A. Tandy, Esq. at (201) 474-7103.