With the aggressive new workplace enforcement strategy of Immigration & Customs, it is important that your I-9 forms are audited and in proper order. If youre having problems auditing your I-9, here are the necessary steps to take.
Step 1: Generate your list of employees which youve hired since the 6th of November 1986. This list should match the order your I-9 forms are filed. It should show the
Last name, first name
Date hired
Date terminated
Distinguishing facts (DOB or SSN)
Step 2: Calculate retention dates for the people on your list, Compare the date of hire, the date of termination and the date of your self-audit. Just write down the date thats one calendar year ahead the audit date. That will be the target date of termination. Next, subtract two years in order to get the target date of hire. Either cross off or highlight the names of employees on your list whose I-9 forms dont need to be retained.
Step 3: Pull the forms of the highlighted names fro the file. Just set them aside until its confirmed that you dont need to retain the form.
Step 4: Check the I-9 forms. Work in the same order as you worked on the names in your list. After reviewing each form, put a check mark on the list beside the appropriate name. For the forms that doesnt have any name of the list, set them aside.
Step 5: You can use stick on notes if there are problems with the forms.
Step 6: Start correcting the reviewed forms. If there are additions to Section1, make sure you complete the Prepare/Translator section of the form.
Step 7: Ask employees to sign and put a date on Section 1 of the form. You can also ask them to present the necessary, correct documents.
Step 8: Cross out the deficiencies you listed on the stick notes. After fixing everything and crossing out everything on the stick notes, take it out. Now that the form is correct, you can re-file it.
Step 9: For forms that can no longer be cured, annotate the list to indicate that there is a major problem then take off the stick on tape. Re-file the form.
Step 10: After reviewing all the forms and correcting all deficiencies, review your annotated list to check the forms you may be missing. Check if the forms youve set aside for lacking a name on the list should be filed in a different name. Look at the personal file and see if there is a name change that occurred. If a current employee doesnt have a form, call them to complete one.
Step 11; If there are missing or defective forms for terminated employees, you should keep separate I-9 files for both current & terminated employees.
Step 12: Add the number of missing forms as well as major problems and youll be able to calculate exposure. There is penalty for missing forms a record keeping violation and a knowing employment violation. If you have a significant exposure, you may need to do a training seminar for your staff to complete I-9 forms.
Step 13: Remove the forms you no longer need to keep.
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