Technical Assistance Letter – The Immigration Bulletin

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

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. Continue reading “Employers May Request Alternative Documents Following an Internal I-9 Audit”

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

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. Continue reading “What Happens When An Employee Admits I-9 Documents Were Fraudulent”