Question: We are worried that there may be an increase in worksite enforcement investigations. What can we do in preparation?
Answer: There was a surge in worksite enforcement investigations in the fiscal year of 2018 by U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), and they are expected to surge again. ICE uses the I-9 inspection program to promote compliance with the law, part of a comprehensive strategy to address and deter illegal employment. Beyond I-9 compliance, the Department of Labor may perform site visits to investigate wage and hour issues, unfair labor practices, and even examining H-1B sponsoring employers’ Public Access Files.
In anticipation of the increase, the following actions may help deter and minimize risks and issues:
- Performing internal I-9 audits
- Enrolling in E-verify
- For companies with visa sponsorship programs, auditing the company’s Public Access Files and PERM five-year audit files
- Examining contracts with staffing agencies regarding their employment authorization verification practices
- Assessing whether your contractors are employees or contractors
- Training your managers and staff on proper preparation of the materials and what to do if there is a site visit
- If software is being used to complete I-9s, audit the software to confirm it is in compliance with I-9 requirements (audit trail, retention, attestations, etc.)
If you have received a site visit, please reach out to your legal counsel.
