According to several employment law firms, the Obama administration is stepping up enforcement of existing and new regulations, and assessing higher penalties for employers.  For example, there is a significant increase in liability for employers as new immigration and compliance agents “are looking for people to prosecute” for I-9 form compliance.

I-9 forms establish a worker’s identity and eligibility to work.  All employees must fill out and sign the form before beginning work, and the employer must retain the I-9 for a certain amount of time, depending on the length of employment. 

There has been a significant increase in the volume of I-9 forensic audits conducted by Immigration & Customs enforcement agency for which the employer penalties for serious and technical violations in fiscal 2010 will far exceed those in 2009. 

It is important that employers get the I-9 form filled out correctly & appropriately retained.  With the enforcement change going from civil to criminal, it is ever more critical to take simple preventative steps to insure that your company is in compliance.