Employment verification – a simple audit

February 3rd, 2020

Daniel Marks, David A. Selden, Demetra Makris, Heidi Nunn-Gilman, Julie A. Pace

Gammage & Burnham

Chapter 1 from Employment Verification – An Employer's Guide to Immigration, Form I-9 and E-Verify.

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.

Chapter 15: E-Verify

Chapter 17: Helpful steps to comply with E-Verify requirements


  Do you inform employee of a Further Action Notice and give opportunity to contest? Chapter 15: E-Verify


  Do you obtain signatures on the required form(s) from employees who are subject to a Further Action Notice? Chapter 18: Criminal enforcement and Form I-9 audits


  Have you implemented an anti-discrimination policy? Chapter 08: Anti-Discrimination under the IRCA

New I-9!
IA Waterloo - Will Ban the Box be your Waterloo?
Can you require new employees not to bash you on Glassdoor?
MD Reasonable accommodation: qualified > most qualified?
Pre-Employment Testing
Pre-employment issues
IL Artificial hiring, salary history, required training, etc.
Expired I-9 not expired (yet)
Hiring, firing and discipline - a simple audit
Dumb questions and other interviewing do's and don'ts
How to Ghostbuster a new hire or applicant
Bad hire! Bad, bad hire!
Help hiring holiday help here
Mr. Freeze unveils National Security Freeze tagline: "They can't steal your identity if it's frozen"
Employment agreements – what to do before you do
Background checks of the future are continuous
Who are you? Why are you here? Personality testing?
Technology driving the hiring process
Dr. Strangelabor or: How I Learned to Stop Worrying and Love the Millennial
Did Bartleby the scrivener write his own job description?
Hiring under the age of 18
Looking for employees: an untapped source of talent
Non-exempt employees – what counts as wages?
Do new hires have to be a culture club fit?
Attendance policies
Hiring interviews
Vacation policies and time off
Employment references
Employee handbooks – getting a handle on your policies
Employee personnel files
No-match letters – IRS alert or Charles Nelson Reilly game show?
Employment verification sample memorandums
Immigration and employment
Criminal enforcement and I-9 audits
NY Reporting immigration status can be unneighborly . . . at best
No-match letters from the SSA - read and understand, then react
I've changed my name – to Optimus Prime
ICE audits II – FAQs to make you wiser
Be prepared for ICE raids