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I-9 E-Verify Immigration Compliance

OSC Discourages Pre-Population of Section 1 of I-9; by Bruce Buchanan, Siskind Susser

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One of the hotter I-9 compliance questions these days is whether an employer may pre-populate the data in Section 1 and then have the employee sign and date it. Office of Special Counsel (OSC) has weighed in on the issue through a Technical Assistance letter, dated August 20, 2013. OSC stated it discouraged the practice because it "increases the likelihood of including inaccurate or outdated information. . . . (which) may lead an employer to reject documents presented or demand specific documents for Section 2 purposes." It added this was particularly true if the employee did not get an opportunity to review the information. However, if the employee is still attesting to the information, through their signature, it seems they would have the opportunity to review the information. So, employers should beware of OSC's view of pre-population. On the other hand, ICE has given several inconsistent verbal statements on the matter. In my opinion, to be on the safe side do not pre-populate.

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  1. Joe Whalen's Avatar
    And almost at the same time ICE has backed off its negative stance on this issue. Did OSC and ICE fail to communicate?
    SEE: http://www.mondaq.com/unitedstates/x/259288/general+immigration/ICE+Reverses+Course+On+Issue+Of+PreFilled+I9+Forms
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