How exactly to Avoid Discrimination Claims If You Suspect a Fake Green Card During an I-9 Internal Audit

[Micheal Jack]

A periodic internal audit of your I-9 forms is a proposed risk assessment tool. But what are the results if, while conducting the audit, you run into green cards and other documents that appear fake? As is generally the case with I-9 compliance, you should observe your dual obligations to prevent discrimination in violation of the anti-discrimination rules and to comply with employment eligibility verification rules.

Recently, the Department of Justice's Office of Special Counsel for Immigration-Related Discrimination (OSC) issued a technical assistance letter (TAL) that addresses the anti-discrimination requirement when questionable green cards or documents generate during an I-9 internal audit.

Based on the TAL guidance and current government policies and procedures, here's steer clear of violation of anti-discrimination rules:

 

• Be consistent.Conduct your internal I-9 audit in a regular manner, i.e. do not treat employees differently based on their citizenship, immigration status, or national origin. Choose the I-9 forms you wish to audit without regard to employee's status. Rule of thumb: If you have fewer than 100 I-9 forms, review all of them. If you have more than 100, than you are able to select a random statistical sample of your I-9 forms to audit. Of course, do not inspect the I-9 form differently as the employee is not a U.S. citizen. Conduct exactly the same careful review of I-9 forms chosen for the audit.
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• Be reasonable.Employers are not anticipated to be experts in validity of immigration documents. Instead, you should accept original Form I-9 documentation that reasonably appears to be genuine and linked to the precise employee. The USCIS Handbook for Employers Guidance for Completing Form I-9 has samples of valid government documents. But remember that green cards and other immigration documents can alter periodically so always check this resource first when you yourself have doubts concerning the document presented. Also, you will need to research older versions of the documents as well.
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• Watch out for photocopies.If you are viewing a photocopy of a natural card and other document during an I-9 audit, you're unlikely to find out its genuineness fastest fake id service. The USCIS Guidance for Employers Conducting Internal Employment Eligibility Verification Form I-9 Audits cautions that "[a]n employer may not conclude, without foundation, that the photocopy of an employee's Form I-9 documentation is not genuine or doesn't relate genuinely to the individual." In line with the guidance, "[a]n employer shouldn't request documentation from an employee solely because photocopies of the documents are unclear."
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• Be flexible.If you determine, predicated on a photocopy, that the green card doesn't appear genuine or even to reasonably relate genuinely to the employee, you need to contact the employee and offer the chance to provide the first green card or document or select a different document presenting from the I-9 Lists of Acceptable Documents. If the employee does provide the first green card or document at issue and it seems to be genuine and reasonably relates to the employee, you should accept the document and go no longer.However, if you determine that the first green card doesn't be seemingly genuine or even to reasonably relate genuinely to the employee, you need to give the employee to be able to present a different document from the Lists of Acceptable Documents.
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• Be Secure. While an interior self-audit can be great preliminary tool to make sure your company's compliance, it might leave major gaps on how best to correct I-9 Form errors and how to handle specific situations in compliance with very complex immigration laws. A most readily useful practice in risk assessment is having an independent party perform an objective review and advise you appropriately. While consultants can be found who can suggest corrections or changes, most employers like the security of legal advice that only attorneys can give. Few would disagree that hiring an immigration attorney with expertise in I-9 compliance is the most prudent way to guard your company.