The Form I-9, used to verify the identity and employment authorization of employees, is a critical document that all US employers must maintain. Failure to comply with Form I-9 requirements can lead to hefty penalties, legal risks, and reputational damage. Immigrant employees are often drawn to the agricultural industry because of its demand for seasonal help and entry-level nature. Agricultural employers should understand how to properly complete Form I-9, follow non-discriminatory processes, and ensure the form is filled out accurately while navigating its complexities. A helpful resource is the Handbook For Employers (M-274).

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Performing a self-audit of I-9 forms is a good way to evaluate your compliance and prepare for a potential audit by Immigration and Customs Enforcement (ICE) or the Department of Labor. If you are audited, you typically will have only three days to respond, so it makes sense to prepare in advance.

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Why Perform a Self-Audit?

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Identify and Correct Errors
Mistakes on I-9 Forms are common, from incomplete fields to mismatched dates, but simple mistakes can be expensive. While some errors are considered technical and correctable, others can result in substantial fines. Missing forms are among the most expensive penalties. Conducting a self-audit allows you to spot and fix issues before they become expensive problems during an official audit.

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Minimize Legal Risk
By reviewing and correcting I-9 forms you can demonstrate good-faith compliance effort. This may mitigate penalties and show regulators that your business takes its legal obligations seriously. 

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Prepare for Increased Enforcement
Enforcement actions targeting labor-intensive industries with high immigrant labor, such as agriculture, are not uncommon. You might recall the frequent ICE “raids” in 2018 at meat processing facilities, for example. "Raids" are one enforcement tactic, but I-9 Form audits seem to be more common. Being prepared with accurate and complete I-9 Forms may reduce the stress of an audit and can reduce civil money penalties.

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Steps for a Successful Self-Audit

 

Gather All I-9 Forms
First, print a payroll report for the current year as well as the previous three years. Gather I-9 forms for all current employees and those who were employed over the previous three years. Maintain them in a centralized location but separated into “current employees” and “former employees” folders.  For former employees, ensure forms are retained for at least three years after the hire date or one year after the termination date, whichever is longer. Ensure every name on each payroll report has an I-9 Form. 

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Review for Completeness and Accuracy
Check each section of the I-9 Form for missing or inaccurate information, there are two sections, and two supplement pages. Pay special attention to employee information, employer certification, and document expiration dates. The M-275 Handbook for Employers shows what common mistakes look like and if they can be corrected. The FEELDS program is also a fabulous resource for direct assistance if you don’t want to study the M-274.

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Correct Errors
Make corrections as needed using the proper procedure. For example, if an error is found, do not white-out or erase it; instead, draw a line through the error, make the correction, and initial and date the change.

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Train Staff
Ensure that your staff are trained on proper I-9 completion and retention procedures to prevent future errors. 

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Document the Audit
Maintain a record of the self-audit, including what was reviewed, corrections made, and any additional steps taken to ensure compliance.

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Join FEELDS

If this audit process feels overwhelming, consider joining FEELDS at Oregon Farm Bureau. For only $85 per month, FEELDS can identify gaps and ensure your audit is thorough and compliant.  See www.oregonfb.org/feelds for more information.