Form I-9 Audit Service

Government inspections of employment paperwork including Form I-9 have increased dramatically in recent years. Verifyi9’s Form I-9 audit service will help you gain peace of mind regarding the state of your Forms I-9.

This office admin needs Verifyi9's form i-9 audit serviceIf Immigration & Customs Enforcement (ICE) comes calling, you will have only three days to produce the forms and related documents. When the “Notice of Inspection” is received, it will be too late to mitigate penalties.

After the review is complete, you will be given 10 days to correct minor, technical errors, then fined for any substantive (uncorrectable) errors and uncorrected technical errors that remain. Fines are based on the percentage of forms in error as related to the total number of forms. If more than half of your forms contain errors, the fine can be as high as $2,191 per incorrect form.

A Verifyi9 Form I-9 audit identifies form errors, allowing you to correct them in advance of a government inspection. Equally important, an audit of forms by a third party can be presented as evidence of a “good faith” effort to comply, one of the mitigating factors that can reduce potential fines by as much as 25%.

More importantly, an audit by Verifyi9’s Form I-9 audit service can identify deficiencies in procedure that could allow the employment of unauthorized workers. Companies found to employ unauthorized workers can be fined up to $22,000 per employee, and 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 recent years, ICE inspections have resulted in criminal charges for hiring illegal workers; not only for company owners but for managers and lower-level supervisors as well.

How our Form I-9 audit service works

We will review each form (all or a representative sample) for accuracy and completeness. Optionally, the review can include identification documents (if copies were retained). You will receive a detailed response for each form; not only describing each error that was discovered but providing guidance for correcting according to Form I-9 rules.

Our audit summary will highlight repetitive errors, which can indicate deficiencies in company practices and procedures. The summary will also include guidance and resources for improving internal processes for completing Form I-9.

Fedex, Publix, Verizon and Walmart vendor certification audits

Verifyi9 has conducted numerous certified audits to satisfy vendor qualification for Fedex, Publix Supermarkets, Verizon, Walmart and others. Like our general audit, you will receive a detailed assessment of each form. When you have corrected all technical errors, we can provide the required certification. Certified audits are completed quickly; often within just a few days.

E-Verify and Form I-9 audit service

Verifyi9’s unique E-Verify and Form I-9 audit combination not only ensures that you hire a legal workforce, but also that the newly-created Form I-9 is as clean and correct as possible. As we verify your new hire in E-Verify, we will also review each I-9 for accuracy and return a detailed report. This service is a great follow-up to an historical I-9 audit to ensure continuing compliance with Form I-9 rules.

Transparent pricing… contact us for a free estimate!

To request a free no-obligation estimate, go here. We welcome your additional questions about our Form I-9 audit service. Call 888-933-8374 or contact us online.

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.

Form I-9 Audit – Resources