Employment verification – a simple audit

Decorative image for Employment verification – a simple audit
Daniel Marks, David A. Selden, Heidi Nunn-Gilman, Julie A. Pace
PSGM Law
April 10th, 2023

The following list of questions will provide a snapshot for you to use in determining whether or not you are complying with the employment eligibility verification and immigration laws and regulations.  You should know the answer to every one of these questions. Although a “No” answer does not necessarily mean you are in violation of any laws or regulations, you should understand why the answer is “No.” The Topic Reference is provided.

YES

 NO 

 

Reference

 

 

Have all of your employees hired after November 6, 1986, completed I-9 forms, and do you have the I-9 form for each current employee?

Form 1-9

 

 

 

Do you make and keep photocopies of the identification documents provided by your employees?

Form 1-9

 

 

Have you maintained the I-9 forms for former employees long enough?

Form 1-9

 

 

Do you know what to do in the event of receiving a Notice of Suspect Document list from Immigration and Customs Enforcement (ICE)?

Form 1-9

 

 

Do you know what to do if an immigration officer has a warrant for the arrest of one of your employees?

Responding to visits and calls regarding immigration

 

 

Do you re-verify your employee’s employment eligibility upon the expiration of the work authorization documents for an employee who is only temporarily authorized to work in the United States?

Form 1-9

 

 

If you use E-Verify, do you properly notify
employees of a Tentative Non-confirmation (TNC) Further Action Notice and give them an opportunity to contest?

Helpful steps to comply with E-Verify requirements

 

 

If you accept electronic I-9 forms, are you in compliance with the Electronic Signatures Act and the regulations relating to electronic Form I-9?

Electronic completion and storage of Form I-9

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