Most employers have dedicated and responsible human resources employees to whom the complex function of immigration compliance is entrusted.  Balancing the anti-discrimination immigration statutes with the I-9 compliance statutes and regulations can be a daunting task for the most dedicated. At first blush, the I-9 form appears so simple a fifth grader could complete it.  However, it is rife with risk to employers if not completed with a full understanding of the regulations underlying the form. 

Employers need to ensure their I-9 forms are in order or risk fines, penalties, and possibly even jail time. Last year the Department of Homeland Security (DHS) had a record breaking year of I-9 audits, and announced that since 2009 DHS and U.S. Immigration and Customs Enforcement (ICE) have conducted 3,200 I-9 audits and employer reviews. Also, within the last 7 months alone ICE has targeted more than 500 companies with Notices of Inspection, which requires in-person inspections of I-9 employment verification forms and payroll documentation. Given this recent history employers might anticipate another record number of I-9 audits in 2011.

However, there is a delicate balance between I-9 compliance and running afoul of the anti-discrimination laws.  A Wendy’s fast food franchise was recently fined for discriminating against non-citizens as it found that perfect I-9 compliance could be achieved by not considering anyone who appeared to be a non-citizen for employment.

An experienced immigration law team should be hired to audit I-9s before ICE conducts a random audit.  If you want us to audit your I-9s or train your HR staff on immigration compliance, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it to set up a consultation.