By Mark R. Filipp and Will Sanford

As businesses and HR professionals know, employers are required to prove their employees are authorized to work in the United States by use of Form I-9. Derek Benner, acting executive director for ICE’s Homeland Security Investigations is reported as having stated that Form I-9 Audits by ICE will be increasing this summer.

USCIS published the newest version of Form I-9 on July 17, 2017, which became mandatory on September 18, 2017. The updated version contains a revision in the list of acceptable documents, renames the Office of Special Counsel to the “Immigrant and Employee Rights Section,” and clarifies a slight timing ambiguity found in the previous form. All employers should now be using the updated form.

We have clients that have been subjected to ICE I-9 audits over the last few years. We strongly recommend that you take this time to have your I-9s reviewed to determine if your company is in compliance. Better that your legal advisors spot and correct problems with your I-9s than to have the problems first determined by ICE. If you would like your I-9 reviewed please call Mark.


For further information regarding these matters, please contact Mr. Filipp at 248.619.2580 or via email.