Should an employer conduct an internal audit to ensure its compliance with the Form I-9?

Author: Melanie J. Perez-Vellios, VP Group LLC

At least annually, an employer should conduct an internal audit to ensure compliance with employee verification and Form I-9 mandates. An employer should also track the expiration dates for employees with temporary work status and ensure timely reverification of expiring work authorization. Failure to engage in the federally mandated employee verification process and completion of the Form I-9 can result in liability to the employer. Additionally, individual criminal liability can be imposed on executives and some management employees for certain Form I-9 and employee verification violations. Regularly scheduled internal audits are essential in insulating employers from potential liability.