I-9 Audit in wake of terrorist attacks

mbosquez · October 2001

We are a CPA/management consulting firm. Client has asked us to audit the I-9s of their FOREIGN employees (only) to assure compliance specifically re concerns after September 11. They are concerned about immigration violations. Also, the client is in a business that may have a number of H-1B workers and I'm not totally familiar with those documents or the requirements for being able to take advantage of that reg.

Questions: Can I audit ONLY the I-9's for foreign workers without discriminating? Also, where can I find more information re H-1B document requirements - it's been 4-5 years since I had any experience with them, and that was re nurses only (this client may employ a few nurses, but majority are in other fields).

System · October 2001

For more information on H-1B Visas, check out the HR Spotlight on "Warming Up to a Global Workforce: Hiring & Employing Foreign Workers" at
[url]http://www.hrhero.com/spotlight.shtml#warming[/url]

The report is free for Employment Law Center members, $12 for nonmembers.

Also, if you're a Law Center member, you can do a keyword search for "H-1" in the HRhero.com members-only area. I limited my search to the last three years and found 30 really good articles on H-1B visas. Law Center members can log into the members-only area at [url]http://www.hrhero.com/lc/index.cgi[/url] then choose "Search for articles using keywords" under Newsletter Archive.

If you'd like more information about joining your state's Employment Law Center, you can find more info at [url]http://www.hrhero.com/benefits.shtml[/url]

Christy Reeder
Website Managing Editor
[url]www.HRhero.com[/url]

System · October 2001

This area of law is pretty complicated (which is why Christy referred you to so much research material), and I don't know that much about it. But I think your client might be risking a discrimination lawsuit under Title VII or the Immigration Reform and Control Act of 1986.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Dianna · October 2001

I really don't like the sound of auditing only foreign employees. The word "only" in any situation like this is pretty scary, because it just screams discrimination to me. Depending on how big your company is, how time consuming would it be to go ahead and do an audit on all your I-9's? You can go to your supervisor's "proactively" and do this under the premise of trying to make sure all your documents are in order (which is a good idea anyway). We have about 250 employees, and I do audits on our I-9's once a quarter. It really serves as a "double check" for everyone, and my director really likes knowing that we're up to speed on things. Hope that works for you. Good luck!

Dianna · October 2001

I really don't like the sound of auditing only foreign employees. The word "only" in any situation like this is pretty scary, because it just screams discrimination to me. Depending on how big your company is, how time consuming would it be to go ahead and do an audit on all your I-9's? You can go to your supervisor's "proactively" and do this under the premise of trying to make sure all your documents are in order (which is a good idea anyway). We have about 250 employees, and I do audits on our I-9's once a quarter. It really serves as a "double check" for everyone, and my director really likes knowing that we're up to speed on things. Hope that works for you.

rexxie · October 2001

Way to get around it--tell the client that you'll audit all as most of us don't audit our I9's regularly; if they're giving someone else the task, you might as well audit the remaining for compliance i.e. out of date documents, etc. Also, their foreign employees might well have handed them a local driver's license and social security card; if they didn't hand in an I191 or their green card, by law you can't ask for it. They only have to check the box at the top & put in their alien number. INS law changed & now you have to take what they give you for compliance, not tell them they have to show you H1 documents. FYI: H1B have to be re-upped every 6 years and you have to know whether that profession is still on the 'shortage' list.

>We are a CPA/management consulting firm. Client has asked us to audit
>the I-9s of their FOREIGN employees (only) to assure compliance
>specifically re concerns after September 11. They are concerned about
>immigration violations. Also, the client is in a business that may
>have a number of H-1B workers and I'm not totally familiar with those
>documents or the requirements for being able to take advantage of that
>reg.
>
>Questions: Can I audit ONLY the I-9's for foreign workers without
>discriminating? Also, where can I find more information re H-1B
>document requirements - it's been 4-5 years since I had any experience
>with them, and that was re nurses only (this client may employ a few
>nurses, but majority are in other fields).

WOCO Frank · October 2001

A funny story related to this...

The week after the 9/11 attacks I received a call from the local paper. I'm the HR Director for a small oil company that also owns a chain of convenience stores. The reporter wanted to know how our "Arab" employees were handling things - whether they were afraid to come to work, had been abused by customers, etc. Well, we're in rural Missouri. I don't have any employees of Middle-Eastern heritage, that I know of. The reporter didn't believe me, and kept trying to coax the "truth" out of me. His last comment was "Are you telling me that you own two dozen c-stores and you have zero Arab employees? You've got to be kidding." I think he's been watching the Simpsons too much.

slewis · October 2001

[font size="1" color="#FF0000"]LAST EDITED ON 10-19-01 AT 09:49AM (CST)[/font][p]I had a workforce of about 300 employees who 90% were from other countries, mostly hispanic countries. Some on Visas, some H1B, greencards, residents, perm residents, and citizens, as well as some whose paperwork was invalid. I researched this alot and with the help of an attorney I learned tons. I would be happy to share that with anyone, I even put together a packet of things to look for on ID's, and the SSA will help too. Contact me at 301-604-3305 and I will share any info that will help.
Sheri Lewis
Director, Human Resources

I-9 Audit in wake of terrorist attacks

Comments