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Departments of Justice and Homeland Security release new I-9 audit guidelines

The guidance aims to help employers implement and conduct internal I-9 audits that are in compliance with the employer sanctions and anti-discrimination provisions of the Immigration and Nationality Act (INA).

The Department of Justice’s Civil Rights Division and the Department of Homeland Security’s U.S. Immigration and Customs Enforcement released the joint guidance titled “The Guidance for Employers Conducting Internal Employment Eligibility Verification Form I-9 Audits.” Included in the guidance is information for employers pertaining to the scope and purpose of I-9 audits; considerations before conducting internal audits; details regarding how to correct errors, omissions or other deficiencies found on Forms I-9 and how to cure deficiencies related to E-Verify queries; and guidance regarding the anti-discrimination mandate.

While the new audit guidelines make clear that simply conducting an internal I-9 audit does not guarantee employers will be free from any liability, companies would still be well served to conduct and implement a well-organized I-9 audit program to help uncover and rectify any possible errors in an effort to avoid any possible I-9-related fines or penalties.

To download a copy of the guidance, click here.

Source: The Department of Justice and the Department of Homeland Security

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