In May, the Worksite Investigation Enforcement Unit of the Immigration and Customs Enforcement (ICE) agency announced that employers should not pre-fill any part of Section 1 of the Form I-9, which is used to verify an applicant's eligibility to legally work in the United States.

ICE officials have now reversed course and said there is no official position on employers' prefilling any part of Section 1 of the I-9. The new guidance is particularly relevant for employers who use electronic Form I-9 systems that are linked to payroll or on-boarding software platforms.