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Periodic internal I-9 audits are considered an employer “best practice” by Immigration and Customs Enforcement (ICE). Before conducting an internal I-9 audit, however, employers need to understand how to address a range of issues likely to be identified.

In a Technical Assistance Letter (dated October 23, 2015), the Office of Special Counsel for Immigration-Related Unfair…

Immigration and Customs Enforcement, the principal investigative arm of the Department of Homeland Security, is initiating  hundreds of worksite investigations  by serving Notices of Inspection and Administrative Subpoenas on employers this week—many requesting that the requested documents be delivered Tuesday after the Labor Day.  HR managers and in-house counsel may find less time to holiday.

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AUTHOR:  Harry J. Joe.

An employer who failed to complete an I-9 Employment Eligibility Verification Form within three days of an employee’s start date commits a substantive violation for which the good faith defense is not available to mitigate the assessed fine, according to a recent ruling from the Office of the Chief Administrative Hearing

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Employers navigating the I-9 employment eligibility verification process for new hires are confronted with a gauntlet of confusing rules, standards, and exceptions to the rules that some have opined are deliberately designed to make the innocuous looking one-page form a magnet for errors. Such cynics cite the year-over-year increases in civil fines being levied by…

The Department of Homeland Security’s Immigration and Customs Enforcement (ICE) office has announced it will notify 1,000 employers across the country the agency will audit their hiring records to determine compliance with employment eligibility verification laws. These Notices of Inspection (NOIs) often request not only I-9 documentation, but payroll records, copies of immigration filings, copies…

With news of record-breaking immigration enforcement results and the new Employment Compliance Inspection Center, pressure on employers regarding Form I-9 compliance may seem unrelenting. However, a recently published decision by the Office of the Chief Administrative Hearing Officer appears to give employers greater negotiating power, a glimmer of good news.

The Office of the…

The Department of Homeland Security’s Immigration and Customs Enforcement (ICE) office has told 1,000 employers across the country the agency will audit their hiring records to determine compliance with employment eligibility verification laws. These Notices of Inspection (NOIs) often request not only I-9 documentation, but payroll records, copies of immigration filings, copies of Social Security…

On April 1, 2010, Secretary of Labor Hilda L. Solis announced DOL’s “We Can Help” campaign in Chicago, where she told an audience of union leaders and community members that the DOL “will not allow anyone to be denied his or her rightful pay — especially when so many in our nation are working long, hard and often dangerous hours.”…
Continue Reading Department of Labor to Increase Enforcement Actions

Due to the dramatic increase in ICE worksite enforcement actions in 2009, employers are taking steps ensure their I-9 compliance, and utilizing such tools as internal audits, training, and implementation of I-9 software. I-9 software can often help to minimize the disorganization and clerical errors that can result in an absolute nightmare upon receipt of…