Federal Guidance on Conducting an Internal I-9 Audit – Recent Webinar
Well-known immigration attorney Montserrat Miller joined me recently at a webinar to talk about how to conduct an I-9 audit in light of recent federal guidance.
Montserrat, a Partner at Arnall Golden Gregory LLP, walked attendees through the key points in the I-9 audit guidance, including how to determine the scope of an I-9 audit, handling corrections, and what to do when an employee admits they aren’t work-authorized.
For example, she discussed the importance of making sure you avoid potential discriminatory practices in your sampling if you decide against auditing all your I-9s. She discussed the issue of transparency and suggested it might be wise to have something in writing on why you are conducting an I-9 audit.
Montserrat told attendees how the guidance discusses what an employer should do if an employee can’t present acceptable documentation showing they are eligible to work. She noted the guidance tells employers to consider whether to offer “an extended period of time” based on the employee’s particular circumstances and document the reason for the decision. She also notes that the guidance tells employers they do not have to fire an employee who is now work authorized but wasn’t previously.
I chimed in to provide some background on the difference between a substantive and a technical I-9 error. It’s a complex topic but I provided a few examples to illustrate what are typically considered substantive. I also provided a schedule of fines for substantive errors — see the chart in this post. As you can see, the fines can add up quickly.
I didn’t get into the details but I outlined a service we’re about to launch that will help employers with the I-9 audit process.
For more details, please view the full webinar recording.
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