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Guidance for Employers Conducting Internal Employment Eligibility Verification Form I-9 Audits

Guidance for Employers Conducting Internal Employment Eligibility Verification Form I-9 Audits

Under the Immigration and Nationality Act (INA), employers are required to verify work authorization of employees by using Form I-9. In an effort to comply with federal law, employers often conduct internal audits of their Forms I-9 for compliance.  The U.S. Department of Labor recently created an interagency working group to issue formal guidance to employers to ensure that Form I-9 audits are conducted properly and do not discriminate against employees.   The working group is comprised of the Department of Labor (DOL), Department of Homeland Security (DHS), Department of Justice (DOJ), Equal Employment Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB).

The formal guidance provides employers with information regarding the scope and purpose of audits; considerations before conducting internal audits; details regarding how to correct errors, omissions or other deficiencies found on Forms I-9 and how to cure deficiencies related to E-Verify queries; and guidance regarding the anti-discrimination mandate. The joint guidance can be found on DHS’s website (Guidance for Employers) and provides important information for employers to ensure that any internal I-9 audits comply with immigration laws and are conducted fairly, without discrimination, or retaliation against workers.

Contact us to schedule an audit for your company or to discuss any questions you might have regarding the I-9 process.