JOINT GUIDANCE ISSUED FOR EMPLOYERS CONDUCTING I-9 INTERNAL AUDITS

The U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) and the U.S. Immigration and Customs Enforcement (ICE) have issued joint guidance intended to help employers properly perform internal Form I-9 audits.

While this guidance provides helpful tips aimed at avoiding discrimination in the internal audit process, following this guidance will not insulate an employer form liability under the anti-discrimination provisions of the Immigration and Nationality Act (INA).

The guidance is designed to outline the audits’ scope and purpose and provide potential issues that should be considered before performing an internal audit. It also provides guidance on correcting errors and omissions. The guidance can be found at: https://www.ice.gov/sites/default/files/documents/Document/2015/i9-guidance.pdf.

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