Overview
Boston employers must navigate federal and Massachusetts requirements—Form I-9 verification, E-Verify enrollment, record-keeping, and audit readiness—to avoid hefty penalties. Wakrim Law Firm helps you design robust compliance programs, train staff, and respond effectively to government inquiries.
Key Compliance Obligations
1. Form I-9 Verification
All employers must complete Form I-9 for each new hire within three business days of employment. This includes:
- Examining acceptable identity and work-authorization documents in person.
- Retaining completed I-9s for three years after hire date or one year after termination, whichever is later.
- Re-verification only when work authorization expires.
2. E-Verify Enrollment
While Massachusetts does not mandate E-Verify statewide, federal contractors and certain industries must:
- Enroll online with USCIS.
- Run new hire queries within three days of hire.
- Act on “Tentative Non-Confirmations” within specified deadlines.
3. Record-Keeping & Poster Requirements
- Maintain I-9 forms and E-Verify case records securely and separately from personnel files.
- Display required federal and state labor-law posters (wage/hour, anti-discrimination, workplace safety).
4. Audit Preparation & Government Inquiries
- Anticipate ICE’s Form I-9 audits: typically 3–4 business days’ notice.
- Conduct self-audits to spot errors—missing signatures, incorrect dates, document mismatches—before government review.
- Respond to Notices of Inspection (NOIs) promptly to limit penalties.
Building a Compliance Program
- Policy Development (1–2 weeks)
Draft an I-9/E-Verify policy tailored to your workforce size and industry. - Manager & HR Training (2–4 weeks)
Provide hands-on workshops covering document review best practices and anti-discrimination rules. - Self-Audit & Remediation (Ongoing)
Quarterly internal audits to identify and correct I-9 errors and E-Verify case issues. - Incident Response Planning
Establish procedures for NOIs, including a designated compliance officer and a secure document-review location. - Annual Updates
Revise policies and training as laws change—e.g., new Form I-9 editions or Massachusetts-specific labor rules.
Timeline & Typical Fees
| Service | Timeline | Fee Structure |
| Policy & Procedure Drafting | 1–2 weeks | Flat fee |
| Compliance Training Workshops | 2–4 weeks | Per-session flat fee |
| Self-Audit & Remediation | Quarterly | Hourly or subscription |
| Audit Response Support | 3–6 months | Hourly |
| Annual Policy Review | Annually | Flat fee |
Fees depend on company size and complexity. Engagement letters detail all costs and deliverables.
Frequently Asked Questions
Q: Is E-Verify required for all Boston businesses?
Only federal contractors and specific industries must enroll; others can opt in for added security.
Q: What penalties apply for I-9 errors?
Paperwork violations range from $250–$2,500 per form; substantive violations can incur $3,200–$16,000 per worker.
Q: How long must I keep I-9 forms?
Three years after hire date or one year after termination—whichever is later.
Q: Can I audit my own I-9 forms?
Yes—self-audits following Department of Homeland Security guidance reduce risk and may mitigate penalties.
Q: What triggers an ICE audit?
Random selection, employer size, high turnover rates, or referrals from other agencies.
Q: How soon must I respond to a Notice of Inspection?
Within the deadline specified—typically three business days—to avoid automatic fines.
Q: Are remote hires exempt from in-person I-9 review?
No—employers must inspect documents in person or use authorized agents (e.g., notaries).
Q: What if I miss an E-Verify case deadline?
You can cure minor technical errors, but repeated failures may lead to suspension and de-enrollment.