Employment verification – a simple audit

Brian Fullmer, Daniel Marks, David A. Selden, Demetra Makris, Heidi Nunn-Gilman, Julie A. Pace, Rick Mahrle, Timothy Forsman
Gammage & Burnham
January 16th, 2021

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 Chapter Reference is provided.




Chapter 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?

Chapter 04: Form 1-9




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

Chapter 04: Form I-9



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

Chapter 04: Form I-9



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

Chapter 04: Form I-9



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

Chapter 14: 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?

Chapter 04: Form I-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?

Chapter 17: 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?

Chapter 09: Electronic completion and storage of Form I-9