Skip to main content
  • Foundation
  • Executive network
  • CEO Circle
  • SHRM Business
  • Linkage Logo
  • Store
  • Sign In
  • Account
    • My Account
    • Logout
    • Global
    • India
    • MENA
SHRM
About
Book a Speaker
Join Today
Renew
Rejoin Now
Renew
  • Membership
  • Certification
    Certification

    Smiling asian student studying in library with laptop books doing online research for coursework, making notes for essay homework assignment, online education e-learning concept
    Get Certified!

    Be recognized as an HR leader with your SHRM-CP or SHRM-SCP credential.

    • How to Get Certified

      Demonstrate your ability to apply HR principles to real-life situations. No other HR certification compares.

      • How to Get Certified
      • Eligibility Criteria
      • Exam Details and Fees
      • SHRM-CP
      • SHRM-SCP
      • Which Certification is Best for Me
      • Certification FAQs
    • Prepare for the Exam

      Give yourself the best chance to pass your SHRM certification exam.

      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      • Study Aids & Add-ons
    • Recertification

      Recertify your SHRM Credentials before your end date!

      • Specialty Credentials
      • Qualifications
  • Topics & Tools
    Topics & Tools

    Stay up to date with workplace news and leverage our vast library of resources to streamline day-to-day HR tasks.

    The white house in washington, dc.
    Executive Order Impact Zone

    Do not abandon, but evaluate and evolve. It is about legal, equal opportunity for all.

    • News & Trends

      Follow breaking news and emerging workplace trends.

      Legal & Compliance

      Stay informed on workplace legal updates and their impacts.

      From the Workplace

      Explore diverse perspectives from your peers on today's workplaces.

      Flagships

      Get curated collections of podcasts, videos, articles, and more produced by SHRM.

    • HR Topics
      • AI in the Workplace
      • Civility at Work
      • Compensation & Benefits
      • Inclusion & Diversity
      • Talent Acquisition
      • Workplace Technology
      • Workplace Violence Prevention
      SEE ALL
      SHRM Research
    • Tools & Samples

      Access member resources and tools to streamline HR tasks.

      • Forms & Checklists
      • How-To Guides
      • Interactive Tools
      • Job Descriptions
      • Policies
      • Toolkits
      SEE ALL
      Ask an Advisor
  • Events & Education
    Events & Education

    SHRM25 in San Diego, June 29 - July 2, 2025
    Join us for SHRM25 in San Diego

    Register for the World’s Largest HR Conference being held on June 29 - July 2, 2025

    • Events
      • SHRM25
      • The AI+HI Project 2025
      • INCLUSION 2025
      • Talent 2026
      • Linkage Institute 2025
      SEE ALL
      Webinars
    • Educational Programs

      Designed and delivered by HR experts to empower you with the knowledge and tools you need to drive lasting change in the workplace.

      Specialty Credentials

      Demonstrate targeted competence and enhance credibility among peers and employers.

      Qualifications

      Gain a deeper understanding and develop critical skills.

    • Team Training & Development

      Customized training programs unique to your organization’s needs.

  • Business Solutions
  • Advocacy
    Advocacy

    Make your voice heard on public policy issues impacting the workplace.

    Advocacy
    SHRM's President & CEO testifies to Congress on "The State of American Education"
    • Policy Areas
      • Workforce Development
      • Workplace Inclusion
      • Workplace Flexibility & Leave
      • Workplace Governance
      • Workplace Health Care
      • Workplace Immigration
      State Affairs

      SHRM advances policy solutions in state legislatures nationwide.

      Global Policy

      SHRM is the go-to for global HR leaders and businesses on workplace matters.

    • Advocacy Team (A-Team)

      SHRM’s A-Team is a key member benefit, giving you the tools, insights, and opportunities to shape workplace policy and drive real impact.

      Take Action

      Urge lawmakers to support policies that create lasting, positive change.

      Advocacy & Legislative Resources

      Access SHRM’s curated policy materials and content.

    • SHRM-Led Coalitions
      • Generation Cares
      • The Section 127 Coalition
      • Learn More & Partner with SHRM Government Affairs
  • Community
    Community

    Woman raising hand in group
    Find a SHRM Chapter

    Easily find a local professional or student chapter in your area.

    • Chapters

      Find local connections from over 607 chapters and state councils and create your personalized HR network.

      SHRM Connect

      Post polls, get crowdsourced answers to your questions and network with other HR professionals online.

      SHRM Northern California

      Join SHRM members in the greater San Francisco Bay area for local events and networking.

    • Membership Councils

      Learn about SHRM's five regional councils and the Membership Advisory Council (MAC).

      • Membership Advisory Council
      • Regional Councils
    • Volunteers

      Learn about volunteer opportunities with SHRM.

      • Volunteer Leader Resource Center
Close
  • Membership
  • Certification
    back
    Certification
    Smiling asian student studying in library with laptop books doing online research for coursework, making notes for essay homework assignment, online education e-learning concept
    Get Certified!

    Be recognized as an HR leader with your SHRM-CP or SHRM-SCP credential.

    • How to Get Certified

      Demonstrate your ability to apply HR principles to real-life situations. No other HR certification compares.

      • How to Get Certified
      • Eligibility Criteria
      • Exam Details and Fees
      • SHRM-CP
      • SHRM-SCP
      • Which Certification is Best for Me
      • Certification FAQs
    • Prepare for the Exam

      Give yourself the best chance to pass your SHRM certification exam.

      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      • Study Aids & Add-ons
    • Recertification

      Recertify your SHRM Credentials before your end date!

      • Specialty Credentials
      • Qualifications
  • Topics & Tools
    back
    Topics & Tools

    Stay up to date with workplace news and leverage our vast library of resources to streamline day-to-day HR tasks.

    The white house in washington, dc.
    Executive Order Impact Zone

    Do not abandon, but evaluate and evolve. It is about legal, equal opportunity for all.

    • News & Trends

      Follow breaking news and emerging workplace trends.

      Legal & Compliance

      Stay informed on workplace legal updates and their impacts.

      From the Workplace

      Explore diverse perspectives from your peers on today's workplaces.

      Flagships

      Get curated collections of podcasts, videos, articles, and more produced by SHRM.

    • HR Topics
      • AI in the Workplace
      • Civility at Work
      • Compensation & Benefits
      • Inclusion & Diversity
      • Talent Acquisition
      • Workplace Technology
      • Workplace Violence Prevention
      SEE ALL
      SHRM Research
    • Tools & Samples

      Access member resources and tools to streamline HR tasks.

      • Forms & Checklists
      • How-To Guides
      • Interactive Tools
      • Job Descriptions
      • Policies
      • Toolkits
      SEE ALL
      Ask an Advisor
  • Events & Education
    back
    Events & Education
    SHRM25 in San Diego, June 29 - July 2, 2025
    Join us for SHRM25 in San Diego

    Register for the World’s Largest HR Conference being held on June 29 - July 2, 2025

    • Events
      • SHRM25
      • The AI+HI Project 2025
      • INCLUSION 2025
      • Talent 2026
      • Linkage Institute 2025
      SEE ALL
      Webinars
    • Educational Programs

      Designed and delivered by HR experts to empower you with the knowledge and tools you need to drive lasting change in the workplace.

      Specialty Credentials

      Demonstrate targeted competence and enhance credibility among peers and employers.

      Qualifications

      Gain a deeper understanding and develop critical skills.

    • Team Training & Development

      Customized training programs unique to your organization’s needs.

  • Business Solutions
  • Advocacy
    back
    Advocacy

    Make your voice heard on public policy issues impacting the workplace.

    Advocacy
    SHRM's President & CEO testifies to Congress on "The State of American Education"
    • Policy Areas
      • Workforce Development
      • Workplace Inclusion
      • Workplace Flexibility & Leave
      • Workplace Governance
      • Workplace Health Care
      • Workplace Immigration
      State Affairs

      SHRM advances policy solutions in state legislatures nationwide.

      Global Policy

      SHRM is the go-to for global HR leaders and businesses on workplace matters.

    • Advocacy Team (A-Team)

      SHRM’s A-Team is a key member benefit, giving you the tools, insights, and opportunities to shape workplace policy and drive real impact.

      Take Action

      Urge lawmakers to support policies that create lasting, positive change.

      Advocacy & Legislative Resources

      Access SHRM’s curated policy materials and content.

    • SHRM-Led Coalitions
      • Generation Cares
      • The Section 127 Coalition
      • Learn More & Partner with SHRM Government Affairs
  • Community
    back
    Community
    Woman raising hand in group
    Find a SHRM Chapter

    Easily find a local professional or student chapter in your area.

    • Chapters

      Find local connections from over 607 chapters and state councils and create your personalized HR network.

      SHRM Connect

      Post polls, get crowdsourced answers to your questions and network with other HR professionals online.

      SHRM Northern California

      Join SHRM members in the greater San Francisco Bay area for local events and networking.

    • Membership Councils

      Learn about SHRM's five regional councils and the Membership Advisory Council (MAC).

      • Membership Advisory Council
      • Regional Councils
    • Volunteers

      Learn about volunteer opportunities with SHRM.

      • Volunteer Leader Resource Center
Join Today
Renew
Rejoin Now
Renew
  • Store
    • Global
    • India
    • MENA
  • About
  • Book a Speaker
  • Foundation
  • Executive network
  • CEO Circle
  • SHRM Business
  • Linkage Logo
SHRM
Sign In
  • Account
    • My Account
    • Logout
Close

  1. Topics & Tools
  2. Workplace News & Trends
  3. HR Magazine
  4. Avoiding Immigration Audits
Share
  • Linked In
  • Facebook
  • Twitter
  • Email

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus convallis sem tellus, vitae egestas felis vestibule ut.


Error message details.

Copy button
Reuse Permissions

Request permission to republish or redistribute SHRM content and materials.


Learn More
Feature

Avoiding Immigration Audits

Federal officials' increased enforcement of worker eligibility rules won't ease anytime soon.

January 1, 2011 | Stephenie Overman

Page Content

January Cover

You can’t inoculate your company against threats of an immigration audit, but you can take steps to minimize the risk.

As of early November 2010, U.S. Immigration and Customs Enforcement (ICE) had officially targeted more than 3,000 employers since announcing a strategy in April that focuses on the executives and managers involved in illegal hiring processes rather than on unauthorized workers.

At best, these audits are time-consuming; at worst, they lead to significant fines, penalties and criminal prosecution. In September 2010, the agency announced that a settlement for more than $1.04 million had been reached with Abercrombie & Fitch for violations. In November 2010, the president of a California furniture manufacturer was charged with criminal violations stemming from an investigation into allegations that the company hired unauthorized workers.

Republican control of the U.S. House of Representatives, convening this month, isn’t likely to bring quick relief. An increased focus on enforcement “started under [President George W.] Bush. It continues under [President Barack] Obama. I don’t think any change in Congress will have a significant effect,” says Mira Mdivani, an Overland Park, Kan., attorney with the Mdivani Law Firm and president of the Corporate Immigration Compliance Institute. She expects higher rates of audits to continue “until we have some sort of immigration reform.”

Who Gets Audited?

All employers must verify the employment eligibility and identification of anyone hired to work in the United States. In an audit, federal immigration agents review the Form I-9, Employment Eligibility Verification, that employers are required to keep on file.

Companies are selected for audits “based on leads and intelligence information that could indicate some kind of wrongdoing,” according to Brett Dreyer, the special agent who oversees ICE’s worksite enforcement program.

“Based on lessons learned” from audits conducted by the former Immigration and Naturalization Service in the 1990s, “We do not do random audits. We do not focus on particular industries,” Dreyer says.

Yet Mary E. Pivec, a partner with Keller and Heckman in Washington, D.C., has found that “companies that have records of wage and hour abuse or some other documented complaint” tend to be selected for audits. “You typically find those in construction and restaurants.” Also, “several very large companies are being audited because of interest in their independent contractors,” she says.

Look Both Ways

To prepare for an audit, Bonnie Gibson, a managing partner in Phoenix for Fragomen, a law firm specializing in immigration, recommends that employers “Look forward and back.”

Looking forward means making certain that I-9 compliance “moves up HR’s priority list. … What is your policy? What does it say? Who is responsible for I-9 compliance? Are they trained? Are they accountable?” Gibson asks.

Looking backward means conducting an internal audit. “What can be corrected should be corrected. What can’t be corrected should be explained,” she says. If mistakes in I-9 forms are fully corrected, “there’s a strong legal argument that it is as good as having done the I-9 right in the first place. It’s a real incentive to audit.”

Take care when choosing vendors or software to handle I-9 compliance. In the Abercrombie & Fitch case, federal auditors found that the company’s software left out a critical component—having individuals attest to their immigration status.

When the $1.04 million fine was announced, ICE special agent Brian Moskowitz said, “Employers are responsible not only for the people they hire but also for the internal systems they choose to utilize to manage their employment process, and those systems must result in effective compliance.”

Advises Pivec: “That’s a wake-up call to any employer to look at their system. Have it checked out by a person who knows.”

Using E-Verify

Immigration experts say there are advantages to using E-Verify, a free government web-based program employers can use to check newly hired employees’ eligibility to work in the United States.

Enrolling in E-Verify “is not an inoculation” against an audit or penalties, Gibson says, “but it is helpful. It is sophisticated due diligence.”

The system has been widely criticized, but officials have made a number of improvements, she adds: “E-Verify as an organization has a culture of customer service. It has been responsive to employer and advocacy group input. It has worked hard to correct systemic flaws, but some things are just hard to correct.”

If You Are Audited

What should you do if you are notified that you will be subjected to a U.S. Immigration and Customs Enforcement audit?

“Call your lawyer,” says attorney Bonnie Gibson of Fragomen. Then, “pull a payroll record and make sure you have an I-9 for everyone.”

The government gives companies three days to turn over documents, but they may ask for an extension.

Managers often think they have to give up their documents as quickly as possible within those three days, says attorney Mary E. Pivec of Keller and Heckman. “They think they are cooperating and being prompt, but they get nothing for that,” she notes.

Pivec works with clients to conduct an internal audit before the federal audit so that if the agency “loses a document or makes errors, we have control. We know what the document looked like before we turned it over.”

But having time to review your documents doesn’t necessarily mean time to make corrections, Gibson warns. “There’s a dispute about whether corrections that are made after notification is served are considered,” she says. She recommends companies fix the mistakes before they’re hit with an audit.

Pivec cites a more user-friendly website as one of the improvements made to E-Verify, but she says problems remain. For example, ICE officials do not credit E-Verify’s determinations as definitive, and E-Verify cannot detect identity theft.

“There are folks who are getting through with fake [identity] cards,” she says. “Why isn’t the government providing immunity for employers that are using E-Verify? Employers should not be subject to a ‘gotcha’ for identity theft that is not detected by the government’s own system. … The employer is obligated to accept final confirmation from E-Verify.”

Recruiters are not in a position to police for identity fraud, Pivec says. “You need to be a private eye in addition to being an HR manager or a line manager. There are lots of generations of these [identity] cards and you’re supposed to be familiar with all of them … so you can sense that a card was fake or related to somebody else.”

E-Verify does offer employers some protection, according to Gibson. As a matter of law, E-Verify gives the presumption of legal status to any employee who passes through the system. She says ICE officials would have a higher burden trying to penalize the employer who uses E-Verify.

At the policy level, she adds, an employer that participates in good faith is perceived as a “good guy. But that doesn’t mean you can’t be held accountable.”

E-Verify “takes some of the burden” from companies, agrees Dreyer. “It’s a huge help for employers. When they use E-Verify, it greatly mitigates their chance of hiring unauthorized workers. If you are using E-Verify, the odds of your getting a complaint” that might trigger an audit are reduced.

IMAGE Problems?

In 2006, the agency launched the ICE Mutual Agreement Between Government and Employers (IMAGE) program to help employers in certain sectors develop a more secure and stable workforce and to enhance awareness of fraudulent documents through education and training.

Employers seeking to be “IMAGE Certified” must agree to:

  • Complete a self-assessment questionnaire.
  • Enroll in E-Verify.
  • Enroll in the Social Security Number Verification Service.
  • Adhere to 12 IMAGE Best Hiring Practices.
  • Undergo an I-9 audit by ICE.
  • Sign a partnership agreement with the agency.

Mdivani does not recommend that her clients sign up for the IMAGE program because of “a couple of provisions that are invasive.” The first is the obligatory federal audit. The second is a best practice that requires the company “to create a snitch line. That’s not acceptable to my clients. There are 12 items on that list—my clients can do 10 and will be protected” adequately, she says.

Pivec agrees that not a lot of employers want to conduct the audit on a voluntary basis. “They would rather not have the disruptions to business,” she explains.

Gibson believes that the advantages of participating “probably don’t outweigh letting the government into your business so directly.”

Dreyer, who heads the program, believes that there are misconceptions about IMAGE. It’s not meant for every company, he says, noting that ICE doesn’t have enough resources to verify every company in the country. Instead, the program is for “role-model businesses that are pillars in their industries that want to partner with the government.”

If a company claims it’s impossible to have a legal workforce in an industry such as construction, retail or janitorial services, Dreyer says, IMAGE members can counter that argument.

Slightly more than 100 companies, including Avant Healthcare Professionals, Bacardi Corp., First Credit Union and General Dynamics, participate in IMAGE.

For most companies, Dreyer says, the program educates managers on how to comply with the requirements of immigration law. “We want to focus on getting people to use our best practices—notably, using E-Verify,” he explains.

Even if employers don’t use all 12 best practices, they should adopt as many as they can, Dreyer says, because doing so “reduces the chance of hiring an unauthorized worker” without demanding the use of major resources.

The author is an Arlington, Va.-based freelance business writer and author of Next-Generation Wellness at Work (Praeger, 2009).

Eligibility Verification (I-9)
Talent Acquisition

Artificial Intelligence in the Workplace

​An organization run by AI is not a futuristic concept. Such technology is already a part of many workplaces and will continue to shape the labor market and HR. Here's how employers and employees can successfully manage generative AI and other AI-powered systems.



Related Content

Kelly Dobbs Bunting speaks onstage at SHRM24
(opens in a new tab)
News
Why AI+HI Is Essential to Compliance

HR must always include human intelligence and oversight of AI in decision-making in hiring and firing, a legal expert said at SHRM24. She added that HR can ensure compliance by meeting the strictest AI standards, which will be in Colorado’s upcoming AI law.

(opens in a new tab)
News
A 4-Day Workweek? AI-Fueled Efficiencies Could Make It Happen

The proliferation of artificial intelligence in the workplace, and the ensuing expected increase in productivity and efficiency, could help usher in the four-day workweek, some experts predict.

(opens in a new tab)
News
How One Company Uses Digital Tools to Boost Employee Well-Being

Learn how Marsh McLennan successfully boosts staff well-being with digital tools, improving productivity and work satisfaction for more than 20,000 employees.

HR Daily Newsletter

Stay up to date with the latest HR news, trends, and expert advice each business day.

Success title

Success caption

Manage Subscriptions
  • About SHRM
  • Careers at SHRM
  • Press Room
  • Contact SHRM
  • Book a SHRM Executive Speaker
  • Advertise with Us
  • Partner with Us
  • Copyright & Permissions
  • Post a Job
  • Find an HR Job
Follow Us
  • LinkedIn
  • Facebook
  • Twitter
  • Instagram
  • YouTube
  • SHRM Newsletters
  • Ask An Advisor

© 2025 SHRM. All Rights Reserved

SHRM provides content as a service to its readers and members. It does not offer legal advice, and cannot guarantee the accuracy or suitability of its content for a particular purpose. Disclaimer


  1. Privacy Policy

  2. Terms of Use

  3. Accessibility

Join SHRM for Exclusive Access to Member Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member?
Free Article
Limit Reached

Get unlimited access to articles and member-exclusive resources.

You've reached the limit of 1 free article this month. Join to access unlimited articles and member-only resources.

Already a member?
Free Article
Exclusive Executive-Level Content

This content is for the SHRM Executive Network and Executive Content Subscription members only.

You've reached the limit of 1 free article this month. Join the Executive Network and enjoy unlimited content.

Already a member?
Free Article
Exclusive Executive-Level Content

This content is for the SHRM Executive Network and Executive Content Subscription members only.

You've reached the limit of 1 free article this month. Join and enjoy unlimited access to SHRM Executive Network Content.

Already a member?
Unlock Your Career with SHRM Membership

Please enjoy this free resource! Join SHRM for unlimited access to exclusive articles and tools.

Already a member?

Your membership is almost expired! Renew today for unlimited access to member content.

Renew now

Your membership has expired. Renew today for unlimited access to member content.

Renew Now

Your Executive Network membership is nearing its expiration. Renew now to maintain access.

Renew Now

Your membership has expired. Renew your Executive Network benefits today.

Renew Now