Author: Melanie J. Perez-Vellios, VP Group, LLC

An employer should take the following steps to avoid discrimination in the Form I-9 process:

  • Require all employees to complete the Form I-9 and submit the completed form to the employer with the necessary supporting documentation within three days.
  • Closely follow the directions mandated on the Form I-9. Do not request any additional information or documents beyond what is mandated on the Form I-9.
  • Allow an employee to choose which of the approved documents the employee will use in completing Form I-9. Do not mandate that any particular document be presented by the employee.
  • Do not verify eligibility for work or request completion of Form I-9 until after the prospective employee has accepted the offer of employment.
  • As required by federal law, do not make hiring, retention, or termination decisions on the basis of actual or perceived citizenship status, national origin, or the employee's native language.