Federal law requires employers to verify the work authorization of employees using the Form I-9.  Employers are increasingly conducting internal audits of these forms to ensure that their Form I-9 practices comply with applicable law.  To ensure these audits are proper and non-discriminatory toward employees, the Department of Justice's Civil Rights Division and the Department of Homeland Security's U.S. Immigration and Customs Enforcement (ICE) have issued a joint Guidance for Employers Conducting Internal Employment Eligibility Verification Form I-9 Audits.

The guidance, which was developed in consultation with other agencies including the Department of Labor, the National Labor Relations Board, and the Equal Employment Opportunity Commission, discusses the appropriate scope and considerations prior to commencing an internal I-9 audit.  It recommends communicating internal audit plans to employees in writing, explaining the scope and reason for the audit.  When an employer discovers a deficiency, the guidance recommends notifying the affected employee in private and providing copies of documentation showing the deficiency.  If the deficiency or error involves Section 1 of Form I-9, the employee should take responsibility for correcting the mistake.  If it involves Section 2 of Form I-9, the employer should take responsibility for correcting the mistake. 

Aside from the foregoing, the guidance provides employers with information regarding additional details on how to correct errors, omissions or other deficiencies found on Forms I-9; how to cure deficiencies related to E-Verify queries; and guidance regarding the anti-discrimination mandate.  The joint guidance can be found on DHS's website.