A company’s I-9 file, which often goes unnoticed by all
but a few HR professionals, can carry significant risk.
Form I-9 files often serve as landmines for fines, penalties, and
sanctions. Companies can mitigate these risks by conducting
periodic Form I-9 audits.
This week, the Department of Justice's Civil Rights Division
and the Department of Homeland Security's U.S. Immigration and
Customs Enforcement (ICE) issued joint guidance for employers on conducting
internal Form I-9 audits in compliance with the Immigration and
Nationality Act (INA).
Here are some important points from the guidance:
- Employers may choose to review all Forms I-9 or a sample of
Forms I-9 selected based on neutral and non-discriminatory
criteria. If a subset of Forms I-9 is audited, avoid choosing the
subset based on employees' citizenship status or national
origin, as this is may constitute unlawful discrimination.
