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Human Resource Consulting Service New Jersey

EnformHR, LLC

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I-9 Audits

I-9 Audits

Clients often ask if voluntary, internal I-9 audits are necessary.  The answer to the question is a resounding yes, as penalties for noncompliance range from $110 to $1,100 per violation and can result in criminal charges and up to $16,000 in fines per each undocumented worker.

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i9 audits and personnel files

Employers must complete the I-9 form, which verifies an employee’s identity and authorization to work in the United States, for all new hires (Section 1 of the form must be completed by employees on their first day; employers must complete their section within three business days of new hires’ start). As part of the process, employers must physically examine employees’ documentation from List A or List B and List C of “Listed Acceptable Documents;” however, they may not stipulate which documents an employee can produce or discriminate against individuals on the basis of national origin, citizenship, or immigration status.

Employers need to then retain the form, separate from other personnel documents, for three years after an employee’s date of hire or for one year after separation, whichever is later.

Personnel File Audit

Clients often don’t know which documents they need to collect and retain for employees.  Our compliance team inspects clients’ files and provides a customized filing and retention checklist to ensure that required forms are present, correct, and organized in a way that meets clients’ business needs.

FAQs

What Is an I-9?

The I-9 Form is a document, issued by U.S. Citizenship and Immigration Services (USCIS), which verifies employees’ identity and authorization to work in the U.S.. Employers must complete the I-9 form for all new hires: section 1 of the form must be completed by employees on their first day; employers must complete their section within three business days of new hires’ start and re-verify certain identification as it expires.

Employers need to then retain the form, separate from other personnel documents, for three years after an employee’s date of hire or for one year after separation, whichever is later.

The forms must be available for inspection by authorized U.S. Government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.

Why Are the I-9 Audits Necessary and How Often Should They Be Conducted?

While voluntary I-9 audits are not required by law, they are highly recommended. This is because there are many opportunities to be out of compliance (signing in the wrong box, completing late, not completing all sections relating to ID, etc.), and the fines from an ICE (U.S. Immigration and Customs Enforcement) audit range from $110 to $1,100 per violation and can result in criminal charges and up to $16,000 in fines per each undocumented worker.

What Are the Penalties for Non-Compliance?

Penalties for non-compliance can include civil fines, criminal penalties, debarment from government contracts, and back pay to individuals.

Fines are the most common, ranging from $110 to $1,100 per violation and up to $16,000 per each undocumented worker.

Who Completes the I-9?

Both employees and employers complete sections of the form (employees complete Section 1 of the form; employers complete Sections 2 and 3); however, responsibility for completing and retaining the form falls on the employer.

Employers can provide the I-9 form to candidates as soon as the job offer has been accepted and must have Section 1 completed on the first day of employment and Section 3 completed no later than 3 business days from the first day of employment.

How Long Should I-9 Forms Be Kept After Termination?

Employers need to retain the form along with copies of supporting documentation, if made, for three years after an employee’s date of hire or for one year after separation, whichever is later.

What Forms/Information Should Be Included in Each Personnel File?

Personnel files should include employee’s W-4, direct deposit, and emergency contact forms as well as their resume, employment application, signed the offer letter, and job description. Their benefits forms should be stored in a separate binder, as should their I-9s.

Is It Necessary to Keep Hard Copies of Personnel File?

No, it’s not; you may store them electronically, but if you do, you need to consider certain criteria. Do you have a secure document management system in place? Do you regularly back it up? Have you assigned the appropriate security roles to users? If you are collecting the original information in paper form, are you securely scanning, and then shredding, paperwork into the database? And finally, can you easily access the information when needed?

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I would like to express my pleasant business experiences with Cristina Amyot of EnformHR. She has provided us with great customer service and a wealth of knowledge when dealing with Human Resource issues. She has conducted in-house training for our staff and our employees learned the right and wrong ways to deal with their fellow team members. After the sessions, our employees remarked about how much information Cristina provide to them. Great company to work with on HR issues and training.

- Kevin O’Connell, President, Air Care of New Jersey, Inc.

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Our Services

  • Benefits Administration
  • Compliance
  • Discipline and Termination
  • Employee Handbooks
  • HR Audits
  • I-9 Audits and Personnel Files
  • Management Coaching
  • Payroll Administration

More Services

  • Performance Management
  • Recruiting and Hiring
  • Strategic Partnering
  • Substance Abuse Testing and Physicals
  • Team Building
  • Training and Development
  • Workplace Investigations
EnformHR, LLC
788 Shrewsbury Ave. Suite 107
Tinton Falls, NJ 07724
(732) 534-7844
(732) 534-7845
info@enformhr.com
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9:00 am - 5:00 pm

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    • Affirmative Action Plan
    • Benefits Administration
    • Compliance
    • Discipline and Termination
    • Employee Handbooks
    • HR Audits
    • I-9 Audits and Personnel Files
    • Management Coaching
    • Payroll Administration
    • Outsourced HR Services
    • Performance Management
    • Recruiting and Hiring
    • Strategic Partnering
    • Substance Abuse Testing and Physicals
    • Team Building
    • Training and Development
    • Workplace Investigations
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