Form I-9 and E-Verify Mandatory Procedures are Relevant Federal and State Laws.

Contract awards that involve receipt of state or federal funds, please be aware of these laws.

Contractor’s hiring practices must be in conformance will all relevant federal and state regulations and laws.

If any contract you have receives state or federal funds, Form I-9 and E-Verify compliance are strictly enforced.

Rules, laws, and regulations have recently changed. Below is how we help you avoid non-compliance, costly fines, and dangerous workplaces every day.

You trust us to protect your workplaces from hiring dangerous and fraudulent individuals, trust us to protect your compliance with USCIS standards!

 Why Form I-9 Compliance Matters

As U.S. businesses face a growing risk of immigration-related audits, investigations, and worksite enforcement actions, compliance with Form I-9 Employment Eligibility Verification, is more critical than ever. Employers must be proactive to avoid the financial and legal consequences that can arise from violations.

Why I-9 Compliance is Crucial

I-9 compliance is central to U.S. immigration enforcement. It requires employers to verify the identity and work authorization of every employee. While filling out the form may seem simple, even minor errors can lead to severe consequences. The penalties for non-compliance can range from $281 per violation to $27,894 for repeat offenses.

The Stakes Are High: Potential for Increased Enforcement

Under the Trump administration, I-9 enforcement reached unprecedented levels, with ICE (Immigration and Customs Enforcement) initiating over 6,400 audits in FY 2019 alone. While enforcement was relaxed under the Biden administration, experts predict a resurgence in audits and raids as immigration policies shift. Businesses can expect more unannounced inspections and increased scrutiny in the coming years.

Understanding I-9 Audits vs. Raids

• I-9 Audits: These are typically less disruptive but still dangerous. Employers are given a Notice of Inspection (NOI), requiring them to produce I-9 forms, supporting documents, and payroll records within three business days. Substantive errors can lead to penalties, while uncorrected technical violations can incur fines of $281 to $2,789 per violation.
• Raids: In contrast, ICE raids involve surprise visits to workplaces with a search warrant. Raids disrupt operations and can lead to the detention of employees. The agency can seize records, including payroll and I-9 forms, and arrest unauthorized workers, potentially resulting in criminal charges.

How to Protect Your Business

1. Review Your Form I-9 Records: Regularly audit your I-9 forms to ensure they are complete, signed, and accompanied by the proper documentation.
2. Train Your HR Team: Ensure your hiring managers and HR staff are well-versed in Form I-9 legal requirements. Ongoing training is essential to avoid common mistakes.
3. Use E-Verify: This online system helps confirm employment eligibility quickly and accurately, reducing the chances of Form I-9 errors.
4. Prepare for Audits: If you receive an NOI, contact legal counsel immediately. You may need to fix errors within 10 days to avoid penalties.
5. Develop a Response Plan: In case of a raid, have a communication strategy in place and key personnel ready to respond. Consult with legal counsel to minimize disruption.

Be Ready for Policy Shifts

The political landscape surrounding immigration policies has shifted significantly over recent years, with sharp increases in Form I-9 audits and raids under the Trump administration. As we approach new policy changes, including potential impacts on visa programs like H-1B and protections for foreign nationals, businesses must be ready to adapt.

Conclusion: Don’t Wait for an Audit or Raid to Take Action

Form I-9 compliance is not just about avoiding fines; it’s about protecting your business from costly legal issues, operational disruptions, and reputational damage. Conduct regular internal audits, train your staff, and ensure you’re using systems like E-Verify to stay ahead of the curve.

Don’t let your business be caught off guard. Ensure you’re fully compliant with Form I-9 regulations today to safeguard your operations and your workforce for tomorrow.

Contact us to schedule a compliance audit or to learn more about how we can help ensure your business is Form I-9 ready.

OUR PROCESS IS BELOW:  Simple, easy, and compliant with USCIS Standards.

Form I-9  is used to verify the identify and employment authorization of individuals hired in the USA. The form is generated by the USCIS and we will use the latest version of the form.  The employee will attest to their employment authorization and produce acceptable documentation as evidence of identity and employment authorization. As of August 1, 2023 the USCIS is allowing remote inspection of documentation as long as copies of the documents are retained and an E-Verify case is created.

E-Verify® is an Internet based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. EVOCON is a Designated Agent of the E-Verify® program which allows businesses to outsource to EVOCON the submission of employment eligibility verification queries for newly hired employees. 

EVOCON’s I-9 and E-Verify Service Details

• The client will request the I-9 and E-Verify package in the customer portal.
• The client will submit the applicant’s first name, last name, date of birth, and social security number.
• EVOCON will reach out to candidates to complete Section 1 of the I-9 and schedule a video meeting.  The candidates will be provided with a secure URL link to upload documentation that is presented during the video meeting.
• EVOCON will process the E-Verify case on the USCIS website.
• EVOCON will receive the following statuses from E-Verify:
  • Employment Authorized – This status will result in confirmation from the USCIS that the applicant is authorized to work in the USA.  The client will receive the report as confirmation.
  • SSA Tentative Non-Confirmation, DHS Tentative Non-confirmation, Employer Action Required, Case referred to SSA – These statuses will result in an escalation email to the client with further direction.
  • Employment Authorization Not Confirmed – This status will result in a completed report from USCIS indicating that the applicant is not eligible to work in the USA.  The results will be escalated to the client for further review
• The client will receive a completed Form I-9, copies of the documents, and the E-Verify report.
• If candidates are not responsive to EVOCON, it will be escalated to the client for support.