OSC Seeks Employer Input for I-9 Self Audit Best Practices

Our loyal readers may finally be getting what they’ve long been wanting; a best practice guide from the government (in this case, the Office of Special Counsel). But wait, OSC would first like you to provide valuable input regarding employer-conducted self-audits of I-9 records. (You’ll recall we wrote about the Dangers of the Self I-9 Audit back in April and our Guest Attorney Blogger Chuck Kuck back in early January 2011.)

A few weeks ago (September 13, 2012), OSC held its first Input Session to elicit feedback from the public (employers and their representatives included) about concerns regarding I-9 self-audits. The OSC has in fact been leading many educational and interactive-public efforts to help educate both employers and U.S. workers on immigration-related unfair employment practices. Ultimately, the goal is to provide the public (specifically employers) with best practices on how companies can conduct self-audits in a non-discriminatory fashion. In this regard, OSC is seeking public comment and feedback regarding the following:

  1. What are some of the greatest challenges that you (employer, attorney, HR representative or other representative) face when conducting self-audits? Alternatively, what are some of the issues that employees or their employee advocates have faced when an employer conducts a self-audit of their I-9 documents?
  2. Describe some of your procedures or processes when asking employees for their identity documents in order to remediate deficient I-9 records during a self-audit? How do you notify the employees of the need for remediation?
  3. During an I-9 self-audit, do you provide employees with opportunities to correct deficiencies discovered in the I-9 records? If so, what type of procedures have you implemented? What is the time period for the remediation?
  4. How do you notate the deficiencies found in your I-9 records during a self-audit?
  5. What other ways of conducting I-9 self-audits that were offered by other government agencies have you found to be helpful?
  6. What additional questions do you have which you would like OSC to provide guidance (as they relate to self-audits)?

Input received on this session will be reserved for internal use by OSC. Please send any feedback you may have regarding the above to OSC.Engagement@usdoj.gov before November 9, 2012. Stay updated on I-9 and E-Verify news by subscribing to our free newsletter.