Under the Immigration and Nationality Act (INA), employers are required to verify the identity and employment eligibility of all new hires using Employment Eligibility Verification Form I-9. While not required by law, many employers now conduct routine internal audits of their Forms I-9 to ensure ongoing compliance with the employer sanctions provision of the INA.
To help ensure that these audits are conducted in a manner consistent with the employer sanctions and anti-discrimination provisions of the INA, the U.S. Department of Homeland Security's Immigration and Customs Enforcement (ICE) and the U.S. Department of Justice's Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently issued joint guidance on how to handle internal I-9 audits.
The joint guidance provides employers with information regarding the scope and purpose of audits; considerations before conducting internal audits; best practices to communicate with employees; details regarding how to correct employee or employer errors, omissions or other deficiencies found on Forms I-9 or with the accompanying documentation, how to deal with E-Verify queries; and guidance regarding the anti-discrimination mandate.
PwC Law LLP attorneys help companies navigate the complex legal and regulatory requirements they face, advising clients on I-9 requirements, E-Verify, compliance and immigration policy.
For further details regarding internal I-9 audits or any other immigration matters, please contact a member of our team.