OSC Says Employers Can Request More Documents After Internal I-9 Audit

The Department of Justice’s Office of Special Counsel (“OSC”) has issued guidance indicating that employers who perform an I-9 audit may request additional documentation from an employee without violating the anti-discrimination provisions of the Immigration and Nationality Act. The OSC cautioned that employers cannot specify what new documentation should be presented. The OSC also stressed that an employer doing an internal audit should not treat workers differently based on national origin or citizenship status. For instance, an employer should not chose which forms to examine, or how much scrutiny to give them, based on the worker’s citizenship status.