What challenges do the Form I-9 and social security mismatch regulations create?
Nachman: The Wal-Mart settlement emphasizes the importance of employers’ knowing their employees’ identity and being sure that I-9 Forms for contractors (and employees) are properly prepared and maintained. Some states (such as Colorado and New York) have taken I-9 compliance to a higher level. The I-9 Form was re-branded about a year ago, and employers should be sure that they are using the most recent version. Immigration and Customs Enforcement (ICE) which is responsible for worksite enforcement and audits, encourages employers to use the Basic Verification Program and a Program called IMAGE to electronically verify a prospective employee. If an employee’s name does not match the social security number, the employer may receive a mismatch letter. Proposed regulations provide employers with a “safe harbor” against liability if they act with due diligence within 30 days of receiving a mismatch letter. Worksite enforcement actions by CIS/ICE focus on such critical infrastructure as was
