I-9 Solutions

Our I-9 Solutions team includes experienced employment and immigration lawyers who understand exactly what you're up against. We represent clients in I-9 matters across three main areas: 

• Preventive training, proactive spot checks, regular audits, compliance advice, and program design; 
• Reactive assistance during government I-9 audits; and
• Transactional due diligence. 

I-9 Compliance

Form I-9 errors carry civil penalties that add up quickly across a workforce. And with government audits rising sharply, employers of all sizes and industries are finding themselves under review. Our I-9 compliance practice centers on solutions that are simple to implement and scale. 

We frequently advise clients on:

• Training: Walk through how to correctly complete Section 1 for employees, the review of documents, the completion of Section 2, Reverification using Supplement B, and document maintenance and retention.
• Internal I-9 Audits: Identifying Form I-9 errors and gaps and quantifying exposure — so you learn what an investigator would find without an investigator finding it
• Error Correction: Implementing correction protocols that follow government guidance, document good-faith remediation, and put files in defensible shape
• Policies and Procedures: Designing onboarding, reverification, retention, and E-Verify procedures, including for remote hires and multi-state operations
• Ongoing Support for I-9 Compliance Issues: Keeping clients informed about changes to forms, remote verification rules, and enforcement priorities

Government Audits, Investigations, and Enforcement Actions

When the government initiates an enforcement action, the clock starts immediately. Our team, which includes former federal prosecutors, and Department of Homeland employees or contractors including the inaugural General Counsel for DHS, manages every aspect of enforcement matters from day one under attorney-client privilege: communicating with government officials, asserting available protections, and mitigating and negotiating penalties where violations exist. 

Our experience covers:

• I-9 audits and inspections
• Worksite visits, unexpected raids, and other ICE enforcement actions
• Related DOJ IER anti-discrimination reviews/investigations

I-9 Due Diligence in Corporate Transactions

In a merger or acquisition, I-9 liability can be transferred along with the workforce. In the context of large corporate deals, mergers, and acquisitions, we help deal teams identify hidden I-9 compliance risks that standard due diligence often overlook. We also partner with corporate teams to strategize on ascertaining risk liability and advising HR teams on how to best integrate I-9s or I-9s based on the risk landscape.

Our I-9 Solutions team assists with:

• Pre-Closing I-9 Audits: Identifying compliance risks and liabilities before they're inherited
• Transactional Support: Quantifying exposure to inform transaction value, purchase price negotiations, and indemnification provisions
• Post-Closing Remediation: Planning and executing the corrections, reverifications, and process integration the acquired workforce will require