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Category Archives: Document Abuse

Employers May Request Alternative Documents Following an Internal I-9 Audit

Maria del Carmen Ramos

Maria del Carmen Ramos

On October 23, the U.S. Department of Justice’s (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) in response to an employer’s request regarding an employer’s potential liability if the employer requested additional documentation to verify an employee’s identify and ability to work in the U.S. following an internal audit of its Form I-9’s. (more…)

I-9 Update: Green Cards Do Not Always Have a Signature

Maria del Carmen Ramos

Maria del Carmen Ramos

U.S. Citizenship & Immigration Services (“USCIS”) recently released an alert advising employers that green cards do not always have a signature. For example, USCIS will waive the signature requirement for children under the age of consent or individuals who are physically unable to provide a signature. (more…)

What Happens When An Employee Admits I-9 Documents Were Fraudulent

Maria del Carmen Ramos

Maria del Carmen Ramos

On January 8, 2015, the U.S. Department of Justice (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) in response to an employer’s request for guidance.  The TAL primarily serves to provide guidance on how to address the instance where an employee admitted after the fact that the documents presented during the Form I-9 process were not genuine and whether the employer would face any liability for discrimination if it chose to terminate the employee. (more…)

DOJ Addresses the Anti-Discrimination Provision in Connection with I-9 Compliance

Maria del Carmen Ramos

Maria del Carmen Ramos

On July 30, 2014, the U.S. Department of Justice (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) in response to an employer’s request for guidance in how to address the instance where the employer had accepted more documents than necessary during the Form I-9 verification process. (See U.S. Department of Justice.)  In its request for assistance, the employer specifically inquired whether it should “retain or destroy excess documentation.” (more…)