The U.S. Department of Justice's (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) recently released guidance about whether it believes that the pre-population of Section 1 of the Form I-9 is permissible. Within the past year, both ICE and USCIS have indicated that the pre-population of Form I-9 by an employer is not permissible. Instead, employees are required to complete and sign Section 1 of Form I-9. The OSC indicated that it discourages the practice of employers pre-populating Section 1 of the Form I-9 with previously obtained employee information because it stated that this practice increases the likelihood of including inaccurate or outdated information. The OSC stated that outdated or inaccurate information in Section 1 may lead an employer to reject documents presented or demand specific documents for Section 2 Form I-9 purposes. The OSC stated that this is particularly true if an employer does not provide an opportunity for the employee to review information that was pre-populated and does not build in a method for making corrections. Finally, the OSC stated that if an employer uses outdated or inaccurate information to submit their E-Verify query, a mismatch may result unnecessarily to a TNC.