• eileen@hrxconsultingllc.com

Are You Ready for ICE? – and I’m Not Talking Weather!

ICE (Immigration and Customs Enforcement) is increasing their ranks and part of that effort is I-9 Audits. In 2018 ICE’s 1-9 Audits increased 5 fold! Don’t think they are only targeting large employers or industries who “traditionally” hire potentially undocumented workers. They are casting a wide and large net for employers of any size and any industry.

ICE will send you a Notice of Inspection (NOI). Once you receive a NOI, you will have 36 hours to prepare the I-9s for ICE’s inspection. They are looking for suspicious verification documents and errors in completing the form, especially dates. The penalties for these errors have increased over the past four years and are no small matter – up to $224 per error, per I-9, up to a limit per employee.

With over 60% of paper versions of I-9s having missing information or completed incorrectly, auditing your I-9s is important to do BEFORE you receive a NOI from ICE!

Here are the basic steps in conducting your own I-9 Audit:

  • Make sure you’re using the most current form. You can request it from the Resources Tab on my Website

  • I-9s are to be kept separate from your personnel files. You should have one file for current employees and one file for terminated employees.

  • Run a payroll report showing hire dates and termination dates.

  • Ensure you have a completed I-9 for every employee on your payroll.

  • You also are to retain an I-9 for every terminated employee, for one year after the termination date or 3 years after their date of hire, whichever is longer.

  • Destroy any I-9s that are outside that time frame for terminated employees.

  • Section 1 needs to have been completed by the employee by the 1st day of his or her hire.

  • The employer needs to have completed Section 2 within 3 days of hire.

  • You are to verify the information the employee provides (per the options on page 3 of the I-9 document), is valid and not expired. You do not have to have a copy of the document, but if you have it for one person, you need to have it for everyone.

  • When you conduct your audit, if you find any information that is not correct or omitted, you can draw a line through the incorrect data, correct it, complete the omitted information, initial and date it. DO NOT BACKDATE IT!

  • It is always advisable to attach a signed and dated explanation of corrective action taken to the I-9, if there are a number of corrections, sections were missing, or corrective fluid had been used in the past.

ICE provides guidance on how to self-audit, or you can request my I-9 Self-Audit Checklist from the Resources Tab on my Website. If you would like help with conducting an I-9 Audit BEFORE ICE arrives, contact me and let’s discuss how I can help you!

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Dawn Monroe Training

Eileen has a fantastic model to supply small businesses with Human Resource needs. She'll help with policies, compliance, hiring, firing - all in the scope of what your business needs - without having a full-time HR employee. Get what you want, when you want it. I find myself seeking out her no-nonsense approach to solving business problems. Highly recommend Eileen as a business partner and HR professional.

Fastenair Corporation

We are a 58 year old family owned business with an established culture that had never had a company policy handbook. Eileen brought us a comprehensive product that we could edit to fit our culture and implied policies while retaining all of the state and federal guidelines to keep us compliant. It was exactly what we were looking for and it fit well within our budget. Eileen took the time to learn about us. She researched our industry. She educated us about employment law and helped us iron out the kinks in areas where we had options. We are very happy with the final product. I look forward to working with Eileen in the future and would highly recommend HRx Consulting to any small business.


Raceway Electric

HR is a skill-set in which we know we need guidance. Eileen is a wonderful person to provide that navigational expertise. She is patient and thorough, and is willing to explain it until it's understood. She helped us with some stumbling blocks, and has made us a better employer for it.

Shawna Dennett
Wichita Habitat for Humanity couldn't have found a better person to guide the development of our strategic plan, performance management program and annual compensation analysis. Eileen provides clear direction, tough love and grace, effective procedures and templates, quick responses, well-rounded knowledge and all with a generous, affable personality. Highly recommend HRx Consulting!

Gina Stuchlik
I met Eileen at a Business Networking Group, I had some of my own questions regarding my business and how to approach and handle certain issues. I felt it appropriate to get an outside source as well. She had wonderful ideas on how to continue. She had great advice and really took the time to appropriately assess and guide me through!! She is an amazing person! I would highly recommend her!

Ann Fox
As a small non-profit, we must rely on consulting support to work through Human Resource issues. HRx Consulting truly understands the non-profit environment and has delivered wise counsel, mediation services and technical assistance, all at a reasonable cost. Eileen McNichol brings an upbeat and encouraging attitude, and an incredible ability to communicate clearly and directly on tough topics. With her help, we've implemented a strategic planning framework that aligns individual performance goals to our strategic priorities. We had floundered in making progress in this arena. Her coaching made all the difference. I recommend HRx without hesitation. Ann Fox, Executive Director, Wichita Habitat for Humanity

Lee Gray
I recommend Eileen for her expertise, patience and total understanding of the HR function. I have referred clients to HRx Consulting and have been extremely pleased with the results. She knows the HR law and she puts a human element to the sometimes technical side of HR (like the handbook, job descriptions, hiring etc....) Give her a call if you need to hire, or you want, a policy or procedure manual.

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