For many years, an employer that wanted to conduct internal audits did its best based on legal advice and common sense without knowing what the government would think of its efforts and if, in attempting to correct errors, it might inadvertently have created other issues. The U.S. Department of Justice (DOJ), Civil Rights Division, Immigrant and Employee Rights Section (IER) had previously issued intermittent opinions on various practices. In December of 2015, U.S. Immigration and Customs Enforcement (USCIS) and the OSC issued a joint document entitled “Guidance for Employers Conducting Internal Employment Eligibility Verification Form I-9 Audits.” USCIS also updated its I-9 Central webpage with “Frequently Asked Questions: Self-Audits.” An employer is still advised to consult with legal counsel if questions or issues arise while conducting an internal audit of its I-9 forms, but at least now employers have a better idea what position the government would take on certain issues relating to self-audits of the Form I-9.
The USCIS/OSC Guidance notes that following the Guidance does not necessarily insulate employers from liability for violations of the I-9 employment verification or anti-discrimination provisions of the Immigration and National Act (INA), as amended by the Immigration Reform and Control...
Please call us at (312) 960-9400 if this is an error or if you have any questions.