January 25, 2018

I-9 Compliance Tips in an Age of Enforcement

In light of recent reports that U.S. Immigration and Customs Enforcement (ICE) will be increasing I-9 inspections, it is extremely important for employers to stay up to date on current I-9 policies and best practices. Below are some reminders from a recent meeting between ICE Homeland Security Investigations and the American Immigration Lawyers Association:

· Employers that use third-party vendors or software to complete Forms I-9 should be aware that ICE can still hold employers liable for any mistakes committed by the vendor.

· ICE notes that one common issue they see regarding electronic I-9 storage is that an electronic record is not always created every time an I-9 action is taken. As a reminder, every time the I-9 is opened, there must be an audit trail that includes who did what, what time they did it, and what they changed.

· Any changes to Section 1 must be made by the employee, or if a preparer is being used, changes must be made in the presence of the employee.

· If ICE conducts an audit, you have a right to wait 3 days to produce the subpoenaed I-9 forms and related requested documents, and you have a right to have your immigration attorney present.

If you or your company has any questions regarding best practices concerning completion, storage, or retention of Forms I-9, our firm can help.

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