Form I-9 and E-Verify Misinformation Can Cost You
Nearly every day we run across well-meaning hiring managers who are unwittingly breaking the rules of I-9 compliance and E-Verify. Sadly for these dedicated professionals, “I didn’t know that” will not be an effective defense when Immigration and Customs Enforcement (ICE) agents audit their hiring process.
The most common mistake hiring managers make is using the Form I-9 as a pre-hire screening tool. This may be considered a discriminatory hiring practice.
The Office of the Special Counsel for Immigration Related Unfair Employment Practices offers this advice:
In order to avoid any appearance of discrimination, verify work eligibility after you have decided to hire an individual and allow your employee three days to provide the documents.
• Let your employee choose which documents to present, as long as they appear to be reasonably genuine.
• Understand that there are many different documents, with different appearances, that your employee may present. You can find a list of these documents on the back of the Form I-9.
E-Verify also has very specific rules of use and an employer is bound by the Memorandum of Understanding they were required to sign when they registered as an E-Verify user. Using E-Verify as a pre-screening tool is strictly forbidden.
How Do You Avoid Discriminatory Hiring Practices?
Treat all people the same when you are announcing the job, taking applications, interviewing, offering the job, filling out the Form I-9, hiring, and firing.
- Avoid “citizens only” hiring policies or requirements that applicants have a particular immigration status, unless required by law.
- Give out the same job information over the telephone and use the same application forms for all applicants.
- Base your decisions about firing on job performance and/or behavior, not on appearance, language, name, or citizenship status of your employees.
Don’t depend on “I didn’t know that” as your defense. Many hiring managers don’t know what they don’t know about I-9 compliance, E-Verify, and avoiding discriminatory practices during the hiring process. Always consult an expert for advice and develop standard hiring practices. Adhere to the same work eligibility policy for every person hired.
Tags: E-Verify, employment eligibility verification, Employment Verification, Form I-9, I-9 Compliance, ICE Inspections, work eligibility
E-Verify, Employee Verification, Form I-9, I-9 Compliance | admin | 
April 1, 2010 1:20 pm
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