Most employers are well aware that they are responsible for the completion of Forms I-9 for their own employees. In the first article of this series, we discussed Form I-9 requirements and their brief history, as well as outlined the accountability to the U.S. Department of Homeland Security to ensure that Forms I-9 are completed and maintained in accordance with the legal requirements.

What companies should also consider is that U.S. Immigration and Customs Enforcement (ICE) may assess liability even when the individuals in question were not employed by them at all but, instead, by a third party providing contractual services requiring having staff on site.