I-9 Audits: The Danger of Too Much Documentation


     By The Shapiro Law Group

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After the wave of I-9 audits in recent years, employers have become rightfully wary of not documenting their immigrant workforce. Everyone knows by now that the penalties for hiring undocumented workers can be stiff. But what many employers do not realize is that there is a risk to over-documentation as well.

Under the law, employers should accept only one of either:

- So-called “List A” documentation; or
- A combination of so-called “List B” and “List C” documentation.

An employer with repeated instances of over-documentation may be inadvertently laying the groundwork for a case of “pattern or practice” discrimination claims by plaintiffs or by the U.S. Department of Justice.

That is why hiring professionals need to be carefully trained how to document a workforce, and they must be trained to reject any benign but inappropriate offer of multiple forms of documentation.

The dual dangers presented by immigration and discrimination laws and regulations also provide employers with good reasons to put experienced counsel between themselves and the government in preparing for I-9 audits.

If you are an employer or employer’s representative responsible for immigration compliance, do not hesitate to call our offices for an appointment and/or feel free to check out our immigration law Website for more information.

AUTHOR: The Shapiro Law Group

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.