Homeland Security Issues Guidance for Employers Conducting Internal Form I-9 Audits
On February 1, the U.S. Department of Homeland Security (DHS) issued guidance for employers regarding internal audits of Employment Eligibility Verification forms, also known as Forms I-9. All employers are required to complete a Form I-9 to verify their new hires' identity and employment eligibility. Immigration Customs and Enforcement – a division within DHS – and the Department of Justice Office of Special Counsel for Immigration-Related Unfair Employment Practices partnered to publish the guidance in compliance with the Immigration and Naturalization Act.
The guidance is intended to help ensure that internal audits are conducted properly and do not unlawfully discriminate against employees. Information included for employers includes:
- The purpose and scope of an internal audit;
- Considerations before conducting internal audits;
- How to avoid conducting internal audits that are discriminatory;
- What information should be communicated to employees during an internal audit; and
- Procedures for correcting errors or omissions.
To download the guidance document, click here. For more information on Form I-9, visit I-9 Central on the DHS website. For information on Form I-9 audits and compliance, visit the Labor & HR Topical Resources Section of the AGC website. The primary category is “Other Legal Issues” and the secondary category is “Employment Eligibility and Verification.”
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