A ‘Best Practice’ recommendation

Arrange for annual Form I-9 audits by an external auditing firm or a trained employee not otherwise involved in the Form I-9 process.

IMAGE*“12 Best Hiring Practices”
U.S. Immigration & Customs Enforcement

Our auditors will perform a step-by-step proven methodology on your behalf. Auditing your records will help you determine if your I-9 forms and compliance practices meet federal standards.

EVRI® believes an increase to the frequency of audits, whether full or random samplings, is to an employer’s benefit. The increase in diligence will assure accuracy of I-9 processing and also confirm staff is sufficiently trained. Employers need to have a formal, written I-9 compliance program and then implement that program to qualify for a “Good Faith” defense.

A thorough audit should include:


  • A review of the on-boarding process for discriminatory practices or failure to meet Federal requirements
  • Perform an inventory check for current active hire and rehire employees
  • Ensure terminated employee files are maintained (as mandated by record retention schedules)
  • Analyzing the forms for:
    • Substantive and technical paperwork violations
    • Evidence of undocumented workers
    • Document fraud or further discriminatory practices
  • If E-Verify is used, confirm the system is accessed by trained, authorized personnel only and correct information has been submitted
  • A written audit report detailing potential fines and penalties for any infractions.
  • Review all files requiring reverification and the ‘tickler’ system processing the notices to employees
  • A written audit report detailing potential fines and penalties for any infractions infractions.
    • A plan for form mitigation of errors uncovered
    • Written updates to the company Form I-9 Policy and Procedures
    • Training of key personnel, if required


We recommend between 10 and 20 percent as the sampling size for random auditing purposes. If errors are detected then an estimate of potential liability may be constructed; however, a full audit would be appropriate.

Any internal audit, and the results, should be documented in writing in the company’s procedures. This is a good policy whether the audit is completed by in-house staff, counsel, or a third-party auditor.

*IMAGE “ICE Mutual Agreement between Government and Employers” is a voluntary program that allows private industry to partner with ICE to reduce unauthorized employment and the use of fraudulent identity documents.