E-Verify offers a tool to assist employers in verifying employment/immigration status for prospective employees, but it should not be mistaken for protection during an I-9 audit. On March 26, 2014, the Office of the Chief Administrative Hearing Officer (OCAHO) granted partial summary judgment finding the employer liable for numerous I-9 preparation and retention violations inU.S. v. Golf Int’l d/b/a Desert Canyon Golf. Despite the employer’s contentions that its participation in E-Verify entitled it to a presumption that it had not violated the law, OCAHO cited the clear language in the E-Verify Memorandum of Understanding signed by all participating employers: “The Employer understands that participation in E-Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees.” The E-Verify Program for Employment Verification Memorandum of Understanding, USCIS (last revised Sept. 1, 2009).
The full decisionU.S. v. Golf International, 8 U.S.C. 1324a Proceeding; OCAHO Case No. 13A00074, March 26, 2014 is available here.
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