Immigration Agency Plans More Form I-9 Inspections

By Carol Hildebrand

As the Obama Administration establishes its approach to enforcement of the Immigration and Nationality Act, it has announced two major programs to escalate the inspection of "Employment Eligibility Verification" forms (Forms I-9).

In November, U.S. Immigration and Customs Enforcement announced a plan to inspect 1,000 employers' Forms I-9.  This announcement followed one last summer, in which the agency reported a plan to inspect documents of 652 employers.

An employer of any size may become the subject of either a random or targeted inspection.  Given the difficulties many employers have in properly completing Forms I-9, advance preparation for a possible inspection is advisable.

Sherman & Howard advises employers who receive Notices of Inspection for Form I-9 compliance, interacting with the Immigration and Customs Enforcement agents throughout the multi-month process.  Our Firm also advises employers on Form I-9 "cures" that may be accomplished independent of an agency inspection.  With Forms I-9 prepared as flawlessly as possible, a Notice of Inspection and interaction with the agency requires less work and uncertainty for an employer.

Sherman & Howard has prepared this advisory to provide general information on recent legal developments that may be of interest. This advisory does not provide legal advice for any specific situation. This does not create an attorney-client relationship between any reader and the Firm. If you want legal advice on a specific situation, you must speak with one of our lawyers and reach an express agreement for legal representation.

© 2010 Sherman & Howard L.L.C.                                                   January 5, 2010