Office of Special Counsel Developing Form I-9 Self-Audit Guidance
In a November, 2013 meeting with the American Immigration Lawyers Association (AILA), the Office of Special Counsel (OSC) was asked about their Form I-9 Self-Audit Guidance which has been in the works for some time. AILA posted the minutes of their meeting on February 26th, and numerous interesting topics are highlighted. Specifically, AILA inquired as to whether the guidance would address the following:
• How to avoid discriminatory audits;
• Considerations to take into account before conducting audits;
• Best practices for communicating with employees;
• Procedures for correcting missing information;
• What to do when the wrong version of the Form I-9 is used;
• What to do when copies are inadequate;
• What to do when an employer is missing Forms I-9;
• Whether an employer can request new I-9s from all employees;
• What to do if the employer determines that documents are fraudulent;
• What to do when an employee admits that he or she is not work-authorized; and
• Establishing the number of days that would be considered reasonable in allowing an
employee to present new work authorization documents and best practices for
responding to tips about an employee’s status.
OSC responded that they are still working on the document, and that they expect the release to be in the short-to-medium term, without providing a specific release date. Additionally, OSC stated that they are working on this project jointly with Immigration and Customs Enforcement (ICE), and that the guidance has already been vetted by several key regulatory bodies, including the Department of Homeland Security, the Equal Opportunity Employment Commission, and the Department of Labor, among others.
Employers should use this guidance as part of their overall compliance platform upon its release. Stay tuned to this space for further details which should be coming soon.
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