October 31, 2022

DOJ Gives Employers a Form I-9 Reminder

While we wait for the new Form I-9 to be issued, the DOJ announced a reminder for employers.  When giving the Form I-9 and instructions to a newly hired employee, an employer may not tell the employee which forms to provide to verify identity and eligibility to work in the U.S.

On October 31st, the U.S. Department of Justice announced a settlement after it determined the employer “discriminated against non-U.S. citizen workers when checking their permission to work in the United States, in violation of the Immigration and Nationality Act (INA).”

How? The department’s investigation determined that the employer routinely required specific documents from newly-hired non-U.S. citizens to prove they had permission to work in the United States. Specifically, the department found that the employer required lawful permanent residents to show their permanent resident cards (sometimes known as “green cards”) to prove their permission to work, even when they had presented other valid documentation.

In addition to a monetary settlement, the employer must train staff on the INA’s anti-discrimination provision, review and revise their employment policies, and be subject to departmental monitoring for a three-year period.

Reminder. When processing Form I-9, employers should be sure to provide the employee with page 3 of the Form I-9 and instruct the employee to bring in one document from Column A or one each from Columns B and C.  If an employee provides one or more documents that reasonably appear to be genuine, do not require additional documentation.

FREE RESOURCE! Want a refresher on Form I-9 processing? Check out DOJ’s free webinar for employers and HR professionals.  The next is scheduled for December 8th at 11:00 a.m. ET.