In the last year alone, the Immigration and Customs Enforcement office has audited more than 2,900 businesses looking for undocumented workers.
It's part of an ongoing effort to hold employers more responsible for carefully screening potential employees and dismissing unauthorized workers. The Obama administration has made it clear that it plans to reduce the rate of illegal immigration by putting more pressure on employers to comply with federal immigration laws and regulations.
Under federal law, businesses are required to complete an employment eligibility and verification Form I-9 for every new hire.
Failure to properly complete the form and maintain an I-9 file on each employee can result in serious penalties and legal action.
That's why all employers should make sure they are prepared for an audit of I-9 forms and other labor compliance matters at any time.
Steps employers can take to prepare for an ICE audit include:
Train a response team of employees on how to handle an investigation, such as a receptionist, compliance officer, human resources manager, business manager and attorney. These employees must be prepared for a federal investigator to arrive unannounced, asking to see all employment records and verify eligibility of every worker.
Regularly review company procedures and I-9 forms on file to make sure they are current and accurate.
Stay on top of all new regulations for hiring and sponsoring foreign workers.
As the Obama administration's immigration enforcement strategy continues the shift from on-site employer raids to investigations of employer files, it's important for every employer to stay abreast of changes to I-9 requirements and have the right policies and procedures in place to be prepared for a government audit.
-- Joel Pfeffer
Meyer Unkovic & Scott
jp@muslaw.com
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