Ever Heard of an I-9 Audit?

In our Client Peer Group meetings, we often have some lively discussions! Since our clients are Construction companies, most of which use Microsoft products, many of which host S100C in our Azure cloud and often use several of our Syscon add-on tools, they have some similar needs and frustrations. This invitation-only peer group forum is a great place for them to hear what others are experiencing, solutions that are working, and talk through changes in the industry.

In a recent peer group discussion, one of the members shared that a contractor in Michigan had Homeland Security show up demanding the I-9’s. Even though the owner was out of town, they were not granted any extensions. Another member chimed in saying that these I-9 audits can be intense!
We’re certainly not I-9 experts or former Homeland Security people, but we thought we’d offer a few things that came up in that meeting. We also recommend checking with CFMA and similar groups who have presentations and resources for research.

As you probably know, whoever signs the I-9 for the company has to physically see the documentation. For us as all-remote, we found out that you can have a live Teams meeting with your new hire to view the documents. There’s a checkbox on the new form to confirm this has been done remotely. Seems like you need to retain copies of the documents, so if images are emailed, be sure you use a secure method!
Some other things you can check includes the importance of having the I-9 filed separately from any medical documents or applications. There are some guidelines on how long you need to hold on to the I-9 and at what point it should be destroyed.

There’s even more guidelines concerning E-Verify. There are 23 states that require the use of E-Verify for some public or private employers. Several states offer exceptions for small businesses. This is actually a voluntary program, but if you have Federal Contractors or Subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause, you would be required to use it.

An I-9 audit verifies employment eligibility and ensures compliance with immigration laws. So what triggers an I-9 audit? Complaints from employees, job candidates, or competitors, or just random audits by the Department of Homeland Security (DHS) or ICE. – CMW