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Recent ICE activity has demonstrated the importance of properly completing Form I-9 and the consequences that result from not doing so.  One of the best ways for a company to feel confident upon receipt of an audit notice from DHS, DOL, or DOJ is to develop a habit of routine internal or self audits.

Follow these key guidelines to a successful audit outcome:

1) Review all I-9 forms or a representative sample selected on non-discriminatory grounds to determine I-9 opportunities and correction areas.

2) Communicate with employees regarding the audit to ensure a culture of open communication.

3) Remember the I-9 correction rules.  Section 1 should only be altered by the employee and/or a preparer or translator if needed.  Corrections should be clearly identified and marked on the I-9 form following a consistent method. If the employee no longer works for the company a signed and dated note identifying the errors should be attached to the Form I-9 containing an explanation.

4) Corrections in Sections 2 and 3 should only be made by the employer.  Never erase, cover up, or backdate information.

5) Prioritize I-9 forms that have never been completed and/or those with substantive errors.  Know the difference between substantive and technical errors.  Attach a signed and dated note of explanation.

Due diligence and routine I-9 self audits should prepare a company well in the event ICE come knocking.

For questions on immigration matters, please contact Melissa Azallion (MAzallion@burr.com) or Jonathan Eggert (JEggert@burr.com) on Burr Forman McNair’s immigration team at (843) 785-2171.

 


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