Written by attorney Sarah S. Thomas

I-9 Employment Eligibility Verification Compliance: Common Employer Mistakes & Best Practices

ICE (U.S. Immigration and Customs Enforcement) issues Notices of Inspection of I-9s. Its targets are often service industries, like food service and construction. Employers have a maximum of 3 business days to respond to subpoena for all I-9s. Below is guidance on common I-9 errors & how to avoid:

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Thankfully, employers can remedy many violations during an internal I-9 audit. A note added to the employee’s file, as part of the internal audit (conducted of the employer’s freewill), noting the error and why it cannot be corrected, goes a long way toward establishing the employer’s good faith effort and diligence in complying with employment eligibility verification laws. When employers have evidence that they review their Forms I-9 for compliance and that they make every effort to correct any errors and maintain their obligations under the law, ICE auditors consider that evidence when reviewing subpoenaed forms and assessing fines.

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