The Office of Special Counsel (“OSC”), which enforces the anti-discrimination provisions of the Form I-9 regulations, is discouraging pre-populating Section 1 of the form. Earlier this year, Immigration Customs Enforcement (“ICE”) had stated that it deemed pre-populating Section 1 a violation of I-9 regulations. Later, however, both ICE and U.S. Citizenship and Immigration Service (“USCIS”) stated they take no official position on the practice and advised employers to follow the regulations, which are silent on the issue. The OSC is the latest to weigh in, saying the practice may pre-populate with inaccurate or outdated information, which could lead to mismatches in E-Verify or payroll records, and may input an immigration or citizenship status that is no longer valid, causing the employer to reject valid documentation of work authorization. Further, it said employees who are illiterate or not English-speakers will not get the chance to have the form translated or read to them, and the employee will be signing the documentation without understanding the full nature of the form.