Form I-9 Standards

Friday, May 18, 2007
Contributed by: Charles A. Mallard

In a climate of increased scrutiny on employment eligibility verification practices, here are some recommendations for compliance with the heightened Form I-9 standards.

Best Hiring Practices

Use the Basic Pilot Employment Verification Program for all hiring. The Basic Pilot Employment Verification Program is an Internet-based system run by the USCIS in partnership with the Social Security Administration. Currently free to employers and available in all 50 states, the Basic Pilot Employment Verification Program provides an automated link to federal databases to help employers determine the work eligibility of new hires and the validity of their Social Security numbers. For more information on this voluntary program, visit the USCIS Web site at http://www.uscis.gov/graphics/services/SAVE.html

Establish an internal training program, with annual updates, on how to manage completion of Form I-9 (Employee Eligibility Verification Form), how to detect fraudulent use of documents in the I-9 process, and how to use the Basic Pilot Employment Verification Program.

Permit the I-9 and Basic Pilot Program process to be conducted only by individuals who have received this training - and include a secondary review as part of each employee's verification to minimize the potential for a single individual to subvert the process.

Arrange for annual I-9 audits by an external auditing firm or a trained employee not otherwise involved in the I-9 and electronic verification process.

Establish a self-reporting procedure for reporting to ICE any violations or discovered deficiencies.

Establish a protocol for responding to no-match letters received from the Social Security Administration.

Establish a Tip Line for employees to report activity relating to the employment of unauthorized aliens, and a protocol for responding to employee tips.

Establish and maintain safeguards against use of the verification process for unlawful discrimination.

Establish a protocol for assessing the adherence to the "best practices" guidelines by the company's contractors/subcontractors.

Submit an annual report to ICE to track results and assess the effect of participation in the IMAGE program.

Following the prescribed steps could lessen the likelihood that your company is found in violation. It can enhance your corporate image by associating it with sound hiring practices, and may be considered a mitigating factor in the determination of civil penalty (fine) amounts should they be levied.

This column is published for informational purposes only. It should not be construed as legal advice and is not intended to create an attorney client relationship. The views expressed are those of the author and do not necessarily reflect the views of the author's law firm or its individual partners.