New Guidance for Employers on Performing Internal I-9 Audits

The Department of Justice's Civil Rights Division and the Department of Homeland Security's U.S. Immigration and Customs Enforcement recently issued a joint guidance memo entitled "Guidance for Employers Conducting Internal Employment Eligibility Verification Form I-9 Audits." Though not required by law, it is advisable to conduct an internal audit of your company's Form I-9 records periodically to ensure compliance with regulations and anti-discrimination provisions of the Immigration and Nationality Act, as non-compliance can result in significant employer sanctions - both civil and criminal. This new joint guidance provides best practices on how employers should launch an internal audit to avoid discrimination or retaliation claims, communicate about the audit process with employees, correct mistakes, properly request alternative documents when necessary, use a third party to conduct the internal audit, and the effect of enrollment in E-Verify on internal audits. 

Iandoli Desai & Cronin P.C. offers several options for conducting I-9 audits, from reviewing a sample of your Form I-9s with supporting documents and highlighting potential issues, to performing a full on-site audit of all records. If you would like to discuss these options or the assistance our firm can provide to avoid costly sanctions, please contact us at

Visit to read the new joint guidance in its entirety.