United States | DOJ, DHS publish fact sheet on I-9, E-Verify compliance obligations

The U.S. Justice Department and Department of Homeland Security published a fact sheet this week on how employers can avoid violating the law when using proprietary or commercial electronic programs to complete the Form I-9 or E-Verify process.

Key Points:

• Companies often use commercial or proprietary Form I-9 software programs to complete the Form I-9 or E-Verify processes.
• In releasing the fact sheet this week, the Justice Department’s Immigrant and Employee Rights Section and DHS’ Immigration and Customs Enforcement stressed that using such programs does not “guarantee an employer’s compliance with federal law.”
• The fact sheet provides information on considerations and common mistakes when using a commercial or proprietary Form I-9 or E-Verify program. It also discusses Form I-9 and nondiscrimination legal requirements.
• The full fact sheet is available here: How to Avoid Unlawful Discrimination and Other Form I-9 Violations When Using Commercial or Proprietary Programs to Electronically Complete the Form I-9 or Participate in E-Verify.

Additional Information: BAL continues to review the information published this week and will be providing substantive updates through BAL Community in January, including during a Jan. 17 event, “How to Run a Simple I-9 Audit.” For more information on BAL Community, visit Community.BAL.com.

This alert has been provided by the BAL U.S. Practice Group.

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