10 Do’s and Don’ts During Form I-9 Audits

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As the U.S. Immigration and Customs Enforcement (ICE) agency continues to intensify its enforcement of Form I-9 documents, it is critical that employers understand their responsibilities during an audit and how to prepare should their employment eligibility program come under investigation.

In addition to common best practices to prepare for a Form I-9 audit, the U.S. Department of Justice (DOJ) has provided a list of 10 Do’s and Don’ts for employers to review during an I-9 audit to help avoid discrimination claims.

Among the actions that employers should take during the audit are:

  • Develop a transparent employee communication process that includes notifying employees that you are subject to an ICE audit.
  • When requesting additional documentation from employees, put the request in writing, indicating the basis for requesting the documents.
  • Ensure that you treat all employees equally.

Employers should avoid doing the following:

  • Selectively verify an employee’s eligibility to work based on race or national origin.
  • Require more documentation than is required to verify employment eligibility.
  • Terminate or suspend an employee without first giving the employee notice and a reasonable amount of time to respond.

This list of do’s and don’ts provides valuable best practices to help protect employers from potential discrimination claims during a Form I-9 audit.

For more information, check out our extensive resource library.

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