Sharing Of Form I-9 Or E-Verify Data May Be Unlawful

Employers and third-party vendors should identify needs and explore alternatives.

On May 30, the U.S. Department of Justice's Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) stating that employers that share Form I-9 or E-Verify data with third parties, such as payroll service providers or pay card suppliers, may be in violation of both the Immigration and Nationality Act and the employer's E-Verify Memorandum of Understanding with the Department of Homeland Security and the Social Security Administration^.1 The TAL, which is an administrative opinion and which has not been validated by any court decisions, could have a significant impact on employers whose third-party payroll service providers or other benefits providers currently require the employer to provide the vendor with Form I-9 and E-Verify information in order, for example, to verify the identity of the employee who is being