OFCCP Rescinds Inspection of I-9s During Onsite Compliance Evaluations

The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has rescinded the procedures for inspecting I-9 immigration forms while conducting onsite compliance evaluations. The rescission was dated November 16, 2010. See the transmittal notice below and at: http://www.dol.gov/ofccp/regs/compliance/directives/dir291.htm :

Office of Federal Contract Compliance Programs (OFCCP)

TRANSMITTAL U.S. DEPARTMENT OF LABOR
Employment Standards Administration
Office of Federal Contract Compliance Programs
_______________________________________________________________
Number: 291 Date: Nov. 16, 2010 OFCCP Order No. ADM Notice/Other_______________________________________________________________
1. SUBJECT: Rescission of Directive Number 284: The U.S. Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services’ (USCIS), revised Employment Eligibility Verification Form (Form I-9), September 5, 2008.
2.PURPOSE: To rescind the procedures for inspection of the Form I-9 while conducting the onsite phase of a compliance evaluation.
3.FILING INSTRUCTIONS:
Holders of ADM and LEG Binders only: File this Notice behind the “SEL” tab in your Administrative Practices Binder.
District and Area Office EOSs and EOAs only:
File this Notice behind the tab for ADM Directives in your FCCM Binder.
4. OBSOLETE DATA: Directive Number 284 issued September 5, 2008, Subject: The U.S. Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services' (USCIS), revised Employment Eligibility Verification Form (Form I-9.
5.DISTRIBUTION: A, B (both hard copy and electronically); C (hard copy only).
/S/ 11/16/2010
_______________ ______________
PATRICIA A. SHIU DATE
Director
Office of Federal Contract Compliance Program

EMPLOYMENT STANDARDS ADMINISTRATION
U.S. DEPARTMENT OF LABOR
OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS
WASHINGTON, D.C. 20210

OFCCP Order No.


1.SUBJECT: Rescission of Directive 284: U.S. Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services' (USCIS), revised Employment Eligibility Verification Form (Form I-9), September 5, 2008.
2. PURPOSE: To rescind the procedures for inspection of the Form I-9 while conducting the onsite phase of a compliance evaluation.
3. POLICY: Effective immediately, OFCCP staff are to discontinue the practice of inspecting the I-9 forms of contractors during the onsite phase of a compliance evaluation.
/S/ 11/16/2010
_______________ ______________
PATRICIA A. SHIU DATE
Director
Office of Federal Contract Compliance Program