Form I-9 Immigration and Employment Law Alert: The Time is Now for a Proactive Audit

With Immigration and Customs Enforcement (ICE) workplace audits on the rise, especially in California, employers are advised to make the I-9 form a top priority. Under federal law, all employers in the United States are required to complete this form to verify the identity and employment eligibility of new hires. Section 1 must be completed at the time of hire and Section 2 within three business days. These important documents must be retained for three years after the date of hire. More than 50 percent, however, are shown to have errors, either being incomplete, incorrect or outdated. Employers are advised to work with counsel to conduct a proactive internal audit, ensuring HR representatives are well trained, and ensuring electronic files are properly stored, among other items.

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