DCI Consulting Group has learned that OFCCP will no longer conduct I-9 inspections during the course of an on-site investigation. OFCCP has reviewed I-9 compliance under a long-standing Memorandum of Understanding (MOU) between the DOL and Immigrations and Customs Enforcement (ICE) within the U.S. Department of Homeland Security. However, OFCCP lacked the enforcement authority for I-9 non-compliance. Meaning, if OFCCP identified an I-9 violation they didn’t have the authority to levy financial penalties but they could refer the information obtained during the review to ICE. As you know, the inspection of I-9s during an on-site review required a tremendous amount of time and resources from OFCCP and this may have been one of the reasons why OFCCP decided to discontinue inspecting I-9s. Obviously federal contractors should continue to maintain and keep up with I-9 compliance in accordance with current regulations.
November 10, 2010