Employers have a responsibility to ensure that the Form I-9 is completed properly and on time in order to be sure they are hiring a legal workforce and avoiding discrimination against any work-authorized individual based on citizenship, immigration status, or national origin. The Justice Department recently filed a lawsuit against two Washington-based potato companies for allegedly discriminating against non-citizens during the Form I-9 verification process. Hiring managers often find themselves caught in the “I-9 squeeze” between the Immigration and Customs Enforcement and the Department of Justice. The E-Verify program, in this case, revealed a discrepancy in the number of List A documents produced by US citizen employees and non-US citizens, along with a pattern of similar violations. In its early stages, the case has yet to include all details, but confirms the importance understanding the Form I-9 and E-Verify process.

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