Total Articles: 79
Warning: ICE Build-Up a Worry for Employers Navigating I-9 Compliance
The Obama Administration is launching another round of worksite investigations—this time, returning to employers that have already been the subject of I-9 inspections during the last three years. Approximately 500 employers are being re-visited by Special Agents to confirm that noncompliant activity identified during prior reviews has been remedied, according to U.S. Immigration and Customs Enforcement. Generally, businesses must make sure they are hiring only people who can work legally in the U.S. Businesses that previously have received warning letters or administrative fines may now be the subject of treble damages if ICE Special Agents find that, notwithstanding the prior review, the employer continues to make the same mistakes.
I-9 Compliance: Avoiding Traps of New Federal Security Features
Hiring managers know that in order to legally utilize immigrant workers, they must accurately complete an Employment Eligibility Verification Form I-9. But, there’s a redesigned federal document that is leading to confusion as businesses try to comply with the law.
Construction Alert: Protecting Your Company From The Federal Crackdown On Form I-9s
The numbers are staggering. As of Sept. 17, U.S. Immigration and Customs Enforcement (ICE) instituted 3,015 administrative and criminal investigations and issued 2,393 Notices of Inspection for Form I-9 compliance in 2011. That’s a 375 percent increase from 2008.
I-9 and E-Verify News
The United States Citizenship and Immigration Services (USCIS) has released a new edition of its E-Verify Connection newsletter, which provides its latest announcements in the rapidly changing world of I-9 and E-Verify compliance.
Obama Administration Increases Scrutiny of Employers’ I-9 Records
On Wednesday, June 15, 2011, the Department of Homeland Security’s Immigration and Customs Enforcement (ICE) agency notified 1,000 employers that their personnel records will be audited by federal investigators to determine their compliance with employment eligibility verification laws.
New Round Of I-9 Audits
U.S. Immigration and Customs Enforcement (ICE) has started to serve another round of I-9 Notices of Inspection (NOIs) to businesses nationwide. ICE is expected to issue NOIs to over 1,000 businesses in the next few days. The NOIs require in-person inspection of I-9 employment verification forms and payroll documentation. Targeted employers are given three business days to prepare for a meeting with federal officials for review of the requested documentation. In the recent past, ICE has selected businesses for audit based on specific leads and information regarding allegations of hiring unauthorized workers, exploiting workers, and paying unfair wages. ICE also has targeted certain industries, including hospitality, manufacturing, and construction. Fines for uncorrected technical and substantive errors on the forms range from $110 to $1,100. Higher fines apply for knowing employment of unauthorized workers. Even if you do not receive an NOI in this round of audits, we recommend that you take this opportunity to conduct an audit of your I-9 compliance and policies.
More I-9 Audits and Other Immigration Accountability
Employers are facing increasing accountability concerning immigration. ICE is readying 1,000 new I-9 audits. Purchasers and states are requiring use of E-Verify. USCIS is doing all kinds of double checking of filings for immigration benefits. DOL is auditing attestations underlying immigration filings. Even companies who only use foreign workers through staffing companies could face challenges. People must maintain and prove lawful status to obtain drivers licenses, welfare benefits, port access cards, and increasingly many other credentials. All of this suggests that an “immigration tune-up” might make sense for many companies and even families.
Updated USCIS Handbook Answers Common I-9 Questions
U.S. Citizenship and Immigration Services (USCIS) has released an updated version of its I-9 Handbook for Employers. The new edition provides several critical revisions to the prior version of the Handbook (also known as Form M-274). Employers can view and download the updated version at the USCIS website.
New Employment and Compliance Inspection Center, No Relief from ICE Form I-9 Audits
In case there were any lingering doubts, U.S. Immigration and Customs Enforcement (ICE) has signaled unmistakably that it intends to keep conducting I-9 audits and imposing civil fines on employers at a record breaking pace.
USCIS Revises I-9 Handbook for Employers
USCIS has issued a January 5, 2011 version of the "Handbook for Employers" designed to guide employers in the mystifying details involved in completing the deceptively simple one-page Form I-9 for each new hire. The new version adds lots of helpful, well organized information about tricky situations and updates photos of a few document types. It resolves some confusion about such topics as grandfathered employees, the time within which to complete section 2, name changes and inconsistencies or misspellings, correcting mistakes on Forms I-9s, using agents to review employee documents, and state drivers license and IDs that state they are not for employment authorization. Unfortunately it continues some errors about documents and continues to provide little real guidance about what documents are and are not authentic, given the immense variation in valid documents and the limited number of valid documents depicted.
USCIS Revises I-9 Handbook for Employers
USCIS has issued a January 5, 2011 version of the Handbook for Employers designed to guide employers in the mystifying details involved in completing the deceptively simple one-page Form I-9 for each new hire. The new version adds lots of helpful, well organized information about tricky situations and updates photos of a few document types. It resolves some confusion about such topics as grandfathered employees, the time within which to complete section 2, name changes and inconsistencies or misspellings, correcting mistakes on Forms I-9s, using agents to review employee documents, and state drivers license and IDs that state they are not for employment authorization.
Q: Can I Throw Away the Paper I-9 Once It's Been Scanned and Saved?
Yesterday, I spoke to Delaware and Pennsylvania employers and HR professionals about documentation and record-retention issues. Two of the most popular topics were I-9 compliance and electronic or paperless recordkeeping. I mentioned to attendees a new publication that addresses both topics.
Requesting Too Many Documents Can Be Costly.
The Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices, a division of the Department of Justice (DOJ), enforces the anti-discrimination provisions of Section 274B of the Immigration and Nationality Act. This statute prohibits discrimination in hiring, firing or recruitment or referral for a fee that is based on an individual's national origin or citizenship status. The statute also prohibits unfair documentary practices during the employment eligibility verification (Form I-9) process, and retaliation or intimidation.
Abercrombie & Fitch Immigration Fine: A Lesson for Employers
On September 28, 2010, U.S. Immigration and
Customs Enforcement (ICE) announced that it was
fi ning clothing retailer Abercrombie & Fitch $1.05
million for violations of its obligation to verify the
employment eligibility of its workers. The settlement
was the result of an audit of the I-9 records for
Abercrombie & Fitchs retail stores in Michigan.
The audit uncovered numerous defi ciencies in the
companys process for completing and retaining its
I-9 records.
This Halloween, Don't be Tricked by New I-9 Rules on Birth Certificates From Puerto Rico
On July 1, 2010, Puerto Rico began issuing new certified copies of birth certificates to U.S. citizens born in Puerto Rico.
The new, more secure document is expected to strengthen certified copies of birth certificates, combat fraud, and protect
the identities and credit of Puerto Rican-born U.S. citizens. After October 30, 2010, all certified copies of birth certificates
issued prior to July 1, 2010, will be invalid. (Originally, the certified copies of birth certificates were to become invalid on
September 30, 2010, but a thirty-day extension was granted on September 23, 2010.) The new law does not affect the
citizenship status of U.S. citizens born in Puerto Rico, but it does invalidate certified copies of birth certificates issued
before July 1, 2010.
Abercrombie & Fitch Fined $1 Million After I-9 Audit
The U.S. Immigration and Customs Enforcement (ICE) announced Tuesday that it had settled with clothing retailer Abercrombie & Fitch on a fine in excess of $1,000,000 for violations of the Immigration and Nationality Act. The violations related to an employer's obligation to verify its workers for employment eligibility.
ICE Targets Over 500 Businesses for I-9 Audits
U.S. Immigration and Customs Enforcement (ICE) began serving Notices of Inspection (NOIs) to over 500 businesses nationwide on September 15, 2010. The NOIs require in-person inspection of I-9 employment verification forms and payroll documentation. Targeted employers are given three business days to prepare for a meeting with federal officials for review of the requested documentation.
Final Rule Allows Electronic Signature and Storage of Employment Eligibility Verification Form I-9
Employers may now allow employees who are required to complete and sign a Form I-9, Employment Eligibility Verification (Form I-9), to sign the form electronically, and signed forms may be retained in an electronic format. On July 22, 2010, the Department of Homeland Security (DHS) published a Final Rule, effective 30-days after publication in the Federal Register, that provides employers with the option to complete, sign, scan and store the Form I-9 electronically, as long as the standards promulgated by the rule are satisfied. In light of increasing government enforcement, employers, regardless of whether they maintain the forms electronically, should be aware of common Form I-9 mistakes, discussed herein.
DHS Issues Final Rule on Electronic Signature and Storage of I-9s.
Employers must complete Form I-9 to verify the ability of their employees to legally work in the U.S. Traditionally, the Form I-9 was in a hardcopy paper format. In June 2006, however, the Department of Homeland Security (DHS) issued an interim rule permitting electronic completion, signatures, and storage of I-9s as a way of modernizing and improving the accuracy and cost-effectiveness of employers' employment verification programs.
Is Your Company Next? 10 Tips to Help Prepare for an ICE I-9 Audit.
In June, the Department of Homeland Security's Immigration and Customs Enforcement (ICE) issued a strategic plan for work site enforcement through fiscal year 2014. One of the key initiatives of the plan is enforcement of U.S. immigration-related employment laws, in particular pursuing employers who knowingly violate the laws.
I-9 audits and fines are on the rise (pdf).
Is your company prepared for an investigation?
The New ICE Age: Are You Ready for an I-9 Audit?
In April 2009, Janet Napolitano, secretary of the U.S. Department of Homeland Security (DHS), announced new guidelines for worksite enforcement directing the U.S. Immigration and Customs Enforcement (ICE) to shift its focus and resources to investigating and prosecuting employers who knowingly employ undocumented workers in violation of U.S. immigration laws. This shift in strategy is based on the belief that employment is the driving force behind illegal immigration and that the only way to stem the tide is to eliminate that temptation. ICE Assistant Secretary John Morton recently stated one of the department's goals is to "create a culture of compliance within the employer community" by encouraging employers to follow U.S. immigration laws and by conducting I-9 audits and investigations and assessing fines against employers who flaunt the law. ICE will continue to arrest undocumented workers uncovered during a worksite enforcement action.
ICE Issues Third Round of I-9 Notices of Inspection.
On March 3, 2010, U.S. Immigration and Customs Enforcement (ICE) announced the issuance of Form I-9 Notices of Inspection to 180 businesses in Louisiana, Mississippi, Alabama, Arkansas and Tennessee. The Notices of Inspection require employers to allow ICE to inspect their I-9 forms to determine compliance with employment eligibility verification laws.
Federal Government Announces More I-9 Investigations.
Continuing the trend of increasing I-9 audits, U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton announced on November 19 the issuance of Notices of Inspection (NOIs) to 1,000 employers across the country. This round of inspections is focused on employers associated with "critical infrastructure." The employers were selected based upon investigative leads and intelligence and because of the businesses' connection to public safety and national security. While the names of the businesses were not released, it is suspected that employers based at or near airports, borders, military installations, and critical infrastructure facilities (such as power plants, chemical facilities, etc.) are likely targets. In the same press release, ICE indicated that its newly-implemented enforcement strategy initiated on April 30 has already resulted in 1,069 Form I-9 Inspections and Notices of Intent to Fine (NIF) totaling nearly $16 million.
ICE Steps Up I-9 Audit Activity in FY 2010.
The Immigration and Customs Enforcement agency, the enforcement arm of the U.S. Department of Homeland Security, announced in November that it had issued I-9 audit notices to 1,000 businesses. ICE says it is targeting employers that are associated with critical infrastructure and public safety and national security, but these limitations appear to be very broadly drawn.
Immigration Update: Obama administration keeps up pressure on businesses with announcement of 1000 additional employer i-9 audits.
Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton announced last week the issuance of Notices of Inspection (NOIs) to 1,000 employers across the country associated with critical infrastructure - alerting business owners that ICE will audit their hiring records to determine compliance with employment eligibility verification laws.
Second Wave of I-9 Audits: ICE Sends Notices of Inspection to 1,000 Employers.
On November 19, 2009, U.S. Immigration and Customs Enforcement (ICE) announced that it had issued Notices of Inspection (NOIs) to 1,000 employers across the country who are involved with critical infrastructure. The NOIs mean ICE will be auditing the employers' hiring records, specifically their Form I-9s, to determine compliance with the employment eligibility verification laws.
ICE Issues Another Round of Immigration I-9 Notices of Inspection.
On November 19, 2009, U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton announced the issuance of Form I-9 Notices of Inspection to 1,000 employers nationwide. The Notices of Inspection require employers to allow ICE to inspect their I-9 forms to determine compliance with employment eligibility verification laws. This is ICE's second round of immigration audits this year. The first round occurred on July 1, 2009, when ICE issued Notices of Inspection to 652 businesses.
Where Are Your I-9s ? Cant Seem to Find Them? Tell It to the Judge.
U.S. Immigration and Customs Enforcement (ICE) launched a nationwide I-9 audit initiative on July 1, 2009, issuing Notices of Inspection (NOIs) to 652 employers (see the ICE press release). This action confirms the new method of enforcement promised by representatives of the Obama Administration. In April 2009, Department of Homeland Security (DHS) Secretary Janet Napolitano indicated that ICE would focus its worksite enforcement program resources on the criminal prosecution of employers that knowingly hire illegal workers and that ICE would use all available civil and administrative tools, including civil fines and debarment, to penalize and deter illegal employment.
Enforcement Update I-9 Audits and Criminal Sanctions.
U.S. Immigration and Customs Enforcement (ICE) launched a nationwide I-9 audit initiative on July 1, issuing Notices of Inspection (NOIs) to 652 employers (see the ICE press release). This action confirms the new method of enforcement promised by representatives of the Obama Administration. In April 2009, Department of Homeland Security (DHS) Secretary Janet Napolitano indicated that ICE would focus its resources in the worksite enforcement program on the criminal prosecution of employers that knowingly hire illegal workers and that ICE would use all available civil and administrative tools, including civil fines and debarment, to penalize and deter illegal employment.
Which I-9 Form to Use?
First, the simple answer: employers should use the most recent Form I-9 found at www.uscis.gov/i-9. The form indicates the most recent revision date on the lower right hand corner: Rev. 08/07/09. Also acceptable is the immediately prior version of the form dated 02/02/09 on the lower right hand corner.
USCIS Updates Form I-9 to Reflect New Expiration Date
U.S. Citizenship and Immigration Services (USCIS) has issued a new version of the form I-9, bearing a revision date of August 7, 2009. The new form will remain valid until August 31, 2012. The current version of the I-9 form can be downloaded from our website or from USCIS.gov.
Keep Using the Expired I-9 Form.
The Office of Management and Budget (OMB) approval for the new I-9 Employment Eligibility Verification form lists an expiration date of 06/30/2009 in the upper right-hand corner. U.S. Citizenship and Immigration Services (USCIS) issued an update on June 26 requesting that OMB extend the document approval and stating that the form may continue to be used by employers until such approval is secured.
Anatomy of an I-9 Audit.
In light of the recent I-9 audit blitz conducted by U.S. Immigration and Customs Enforcement (ICE) on July 1, a review of what to expect during an I-9 audit might be instructive.
I-9 Audits Initiated by ICE Nationwide.
U.S. Immigration and Customs Enforcement (ICE) launched a nationwide I-9 audit initiative on July 1, issuing Notices of Inspection (NOIs) to 652 employers (see the ICE press release). This action confirms the new enforcement strategy promised by representatives of the Obama Administration. In April 2009, Department of Homeland Security (DHS) Secretary Janet Napolitano indicated that ICE would focus its resources in the worksite enforcement program on the criminal prosecution of employers that knowingly hire illegal workers and that ICE would use all available civil and administrative tools (including civil fines and debarment) to penalize and deter illegal employment.
Current Version of I-9 Form Still Valid After June 30, 2009.
U.S. Citizenship and Immigration Services (USCIS) has verified that the current version of the I-9 form, dated February 2, 2009, will remain valid beyond its June 30, 2009 expiration date. USCIS is in the process of releasing a new version of the I-9 Form. Until the new form is released, employers must continue to use the current version of the I-9 Form to confirm employees authorization to work in the United States. The current version of the I-9 Form can be downloaded from our website at www.laborlawyers.com/I-9 or from www.uscis.gov.
I-9 Compliance Challenges In The Hospitality Industry.
In the past several years, businesses in the hospitality industry have particularly borne the brunt of increased federal enforcement of the nation's immigration laws. Through high-profile tactics including raids of businesses large and small, the previous administration put employers on notice that hiring unauthorized workers could result in million dollar fines, jail time for company owners, and months of damaging press coverage.
State Employment-Related Immigration Laws: When The I-9 Form Isn't Enough.
When comprehensive immigration reform at the federal level stalled, many state governments decided to take matters into their own hands. Since 2006, many states have enacted laws which provide for employer sanctions related to hiring unauthorized workers independent of any monetary or criminal sanctions available for federal immigration violations.
All U.S. Employers Must Use New I-9 Form Effective April 3, 2009
REMINDER: All U.S. Employers Must Use New I-9 Form Effective April 3, 2009.
New Form I-9 Employment Eligibility Verification.
New Form I-9 Employment Eligibility Verification.
April Showers Bring... New I-9 Form (pdf).
Just when you thought you finally understood the I-9 form that went into effect in 2007, the U.S. Citizenship and Immigration Services (USCIS) produced a new formone that went into effect on April 3, 2009.
Revised I-9 Form Takes Effect.
This is a reminder that effective today (April 3, 2009) employers must use the revised I-9 form. As discussed in prior Legal Alerts, U.S. Citizenship and Immigration Services (USCIS) has published an interim final rule that narrows the list of documents employers may accept to verify employment authorization on the Form I-9.
New Form I-9 Effective April 3, 2009.
Starting April 3, 2009, employers must use the new version of the Department of Homeland Security's Form I-9, Employment Eligibility Verification (Rev. 02/02/09). The Department of Homeland Security also has issued a revised Handbook for Employers to be used with the new Form I-9. The new form and handbook are available on the I-9 Compliance page of the Fisher & Phillips website. The new Form I-9, among other things, narrows the list of acceptable documents to show identity and work authorization and eliminates the use of expired documents. Please view our January 20, 2009 Legal Alert for a detailed description of the proposed changes. All employers are required to complete and retain a Form I-9 for each employee hired after November 6, 1986 to show that the employee is authorized to work in the United States. Additionally, the employer must re-verify documents for any employees whose work authorization documents are expiring.
New I-9 Form and Regulations Effective April 3.
Employers must begin using a new Employment Eligibility Verification Form (Form I-9) effective today, April 3, 2009. The new form was originally scheduled to be required on February 2, but U.S. Citizenship and Immigration Services (USCIS) delayed implementation until April 3. The new Form I-9, which can be found on the agencys website, is dated 02/02/2009 on the lower right hand corner. USCIS also released a new Handbook for Employers that has been modified to reflect changes made to the new Form I-9 and corresponding regulations.
New I-9 Form Expected To Become Effective on April 3.
The implementation of the regulation requiring employers to use a new Employment Eligibility Verification Form (Form I-9) is scheduled to go into effect on April 3. The new form was originally scheduled to be required on February 2, but U.S. Citizenship and Immigration Services (USCIS) delayed implementation until April 3.
Delayed: New I-9 Form and E-Verify for Federal Contractors.
U.S. Citizenship and Immigration Services (USCIS) issued a press release on January 30 delaying the implementation of the regulation requiring employers to use a new Employment Eligibility Verification Form (Form I-9). The new form was originally scheduled to be required on February 2, 2009. USCIS instead reopened the comment period on the new regulation through March 4 and currently plans to implement the new form and corresponding documentary changes on April 3. For an overview of the changes to the I-9 process contained in the original regulation, see the January 2009 issue of the Immigration eAuthority.
DELAY OF NEW FORM I-9 UNTIL APRIL 3, 2009.
We previously reported to you (January 2009 Compliance Matters) that the U.S. Citizenship and Immigration Services (USCIS) issued a revised Form I-9 that must be used for all new hires, beginning February 2, 2009. However, on January 31st, the U.S.C.I.S. announced that it will delay implementation of the new Form I-9 until April 3, 2009.
Preparing For I-9 Compliance/Audits and Worksite Investigations.
As global mobility continues to become a central part of business activity today, it is increasingly important for businesses to develop policies that ensure compliance with immigration standards. In the United States, immigration enforcement actions have increased greatly, with news headlines regularly featuring worksite raids and investigations instigated by Immigration and Customs Enforcement (ICE). These reports are not only of administrative actions for immigration violations but also of criminal charges brought against owners, managers, supervisors, and human resource employees. Charged offenses include such things as harboring, knowingly hiring illegal aliens, smuggling, document fraud, money laundering, and worker exploitation. In fiscal year 2007 alone, ICE made 863 criminal arrests and brought 4,077 administrative charges as a result of worksite enforcement investigations.1 In the past fiscal year (FY2008), ICE made approximately 1,101 criminal arrests and more than 5,173 administrative arrests.
Implementation of New I-9 Form Delayed Employers Should Use Earlier Forms.
As stated in our prior Legal Alert, USCIS has delayed implementation of the revised I-9 Form, which narrows the list of documents employers may accept to verify employment authorization. Implementation of this form has been delayed until April 3, 2009. Employers should not use the new form until USCIS officially implements it, but instead should continue to use the current versions of the I-9 form, dated June 5, 2007 and June 16, 2008.
Legal Alert: I-9 Implementation Delayed.
USCIS has announced that it will delay implementation of the new I-9 form until April 3, 2009. USCIS issued an interim final rule in December 2008, which amended its regulations governing the types of acceptable identity and employment authorization documents and receipts that employees may present to their employers for completion of the I-9 form and included a new I-9 form.
Federal Government Announces Delay in Implementing New I-9 Forms.
The Department of Homeland Security announced a delay in the implementation of the newest version of Form I-9, which was due to become effective today. In a last minute announcement issued on January 30, 2009, the Department postponed implementation of the new form until April 3, 2009. The administration will be considering public comments on changes to the form and may further delay its effective date. Until further notice, employers should continue using the June 5, 2007 version of Form I-9. The current version of Form I-9 can be downloaded from the I-9 Compliance section of the Fisher & Phillips website.
New I-9 Form Delayed To April 3.
On January 30, U.S. Citizenship and Immigration Services (USCIS) issued a press release announcing that it was delaying implementation of the regulation requiring employers to use a new Employment Eligibility Verification Form (Form I-9). The new form was originally scheduled to be required as of February 2. USCIS has reopened the comment period on the new rule through March 4 and currently plans to implement the new form and corresponding documentation changes on April 3.
New Form I-9 Employment Eligibility Verification (pdf).
New Form I-9 Employment
Eligibility Verifi cation.
All U.S. Employers Must Use New I-9 Form Starting February 2, 2009 (pdf).
United States law requires that
every employer complete Form
I-9, Employment Eligibility
Verifi cation (I-9 Form), for
each new employee within
three days of hire.
Are You Ready To Start Using The New I-9 Forms Next Monday?
Are you ready? As far as we know at this time, starting next Monday (February 2, 2009), the new I-9 form will be the only version that employers will be allowed to use. The new form is available now, and here is a summary of the most important changes:
USCIS Revises Employment Eligibility Verification Form.
Effective February 2, 2009, employers must use the newest version of Form I-9 which has been revised. Employers will be required to use the revised form for all new hires and to reverify any employee with expiring employment authorization. As of February 2, 2009, the current edition of the Form I-9, dated 06/05/2007, will no longer be valid. The revised Form I-9:
Legal Alert: Revised I-9 Form Now Available.
As discussed in our prior Legal Alert, U.S. Citizenship and Immigration Services (USCIS) has published an interim final rule that narrows the list of documents employers may accept to verify employment authorization on the I-9 form.
USCIS Releases New I-9 Form and New Employment Eligibility Rules.
Beginning February 2, 2009, employers must use a new Form I-9 for all new hires and to reverify any employee with expiring employment authorization. Employers using the previous June 5, 2007 edition or earlier editions of the Form I-9 after February 2, 2009 may be subject to fines. Between now and February 2, you should continue to use the June 5, 2007 edition of the Form I-9.
Legal Alert: USCIS Revises I-9 Form.
U.S. Citizenship and Immigration Services (USCIS) has published an interim final rule that narrows the list of documents employers may accept to verify employment authorization on the I-9 form. The revised Form I-9 becomes effective on February 2, 2009. At that time, employers will be required to use only the new form to verify the employment eligibility of new hires and reverify existing employees where necessary.
NEW FORM I-9 TO BE USED AFTER FEBRUARY 2, 2009.
On December 18, 2008, the U.S. Citizenship and Immigration Services (USCIS) announced sweeping changes to the Form I-9 used in the employment verification process. As a result, employers must begin using the new Form I-9 for all new hires and re-verifications occurring on or after February 2, 2009.
USCIS Revises Form I-9, Employment Eligibility Verification.
U.S. Citizenship and Immigration Services (USCIS) submitted to the Federal Register an interim final rule to revise Form I-9, Employment Eligibility Verification. The rule narrows the list of acceptable identity and employment authorization documents, requires employers to accept only unexpired documents, and makes several technical changes. The rule and the revised Form I-9 will be published in the Federal Register soon and will take effect 45 days after publication.
OFCCP Issues New Form I-9 Inspection Procedures.
The Labor Department's Office of Federal Contract Compliance Programs (OFCCP) issued a directive on October 2, 2008, effective immediately, regarding inspection procedures for OFCCP compliance officers (COs). The directive applies to reviews of Forms I-9 during an on-site compliance review.
OFCCP Issues New Form I-9 Inspection Procedures.
The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) issued a directive on October 2, 2008, effective immediately, regarding inspection procedures for an OFCCP compliance officer (CO) when reviewing Forms I-9 during an on-site compliance review.
U.S. Passport Card Valid for I-9s and Certain North American Travel.
On August 8, 2008, U.S. Citizenship and Immigration Services (USCIS) announced that the new U.S. Passport Card may be used for employment eligibility verification purposes. The Passport Card is considered a valid List A document that may be presented by newly hired employees during the I-9 employment eligibility verification process. As the document contains a photo and verifies both the identity and work authorization of the card holder, it can singularly satisfy the employees I-9 documentation requirements and also can be accepted by employers participating in E-Verify. For more information, see the USCIS press release.
USCIS Issues New Version of Form I-9.
The USCIS issued an updated version of Form I-9, Employment Eligibility Verification for immediate use. All employers are required to complete and retain a Form I-9 for each employee hired after November 6, 1989 to show that the employee is authorized to work in the United States.
Work Authorization in the Electronic Age (pdf).
I-9 compliance and work authorization are hot topics in the human
resources world. Two government programs, E-Verify and IMAGE, are aimed at
addressing the problems employers face in maintaining a legal workforce. This
article addresses E-Verify. The IMAGE program, which encompasses E-Verify,
will be addressed in a subsequent E*Zine.
Reminder: Employers Must Begin Using The Revised I-9 Form By December 26th.
As previously reported, the Department of Homeland Security ("DHS") released the revised I-9 form on November 7, 2007. Employers are required to use the newly revised I-9 form no later than December 26, 2007. Employers who do not use the revised I-9 form on or after December 26, 2007 will be subject to all applicable fines and penalties under the Immigration and Nationality Act.
Immigration Update - Revised I-9 Form Published; Stay Sought in No-Match Proceedings.
The Department of Homeland Security (DHS) published the 2007 revised I-9 Form in the Federal Register on November 26, 2007. Accordingly, although DHS has indicated that it will not seek penalties against an employer for using a previous version of the form on or before December 26, 2007, after that date employers must use the revised form or face potential penalties for noncompliance.
I-9 Alert: Employers Must Be Using New Form By December 26, 2007 (pdf).
Employer who fail to use the form will be subject to applicable penalties.
Employers Required to Use New Form I-9.
On November 7, 2007, the U.S. Citizenship and Immigration Services (USCIS) issued a new Form I-9 document for use by employers. All employers are required to complete a Form I-9 for each employee hired in the United States. The Form I-9 establishes the employees identity and authorization to work in the United States, and must be completed within three days of hire. The new Form I-9 has been revised to comply with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
Immigration Alert - New I-9 Form Released.
The U.S. Citizenship and Immigration Services (USCIS) has just released a revised Form I-9, Employment Eligibility Verification, for immediate use and a new M-274, Handbook for Employers, Instructions for Completing the Form I-9.
USCIS Releases New I-9 Form (pdf).
The U. S. Citizenship and Immigration Services (USCIS),
formerly the Immigration and Naturalization Service (INS), recently
announced the release of a new I-9 form for employers to use in verifying an
employees authorization to work in the United States. The changes to the
I-9 are relatively minor.
Government Releases Revised I-9 Form.
The U.S. Citizenship and Immigration Service (USCIS) (formerly the INS) recently announced the release of a new I-9 form to be used to verify an employees authorization to work in the United States. On the revised form, the government has eliminated 5 documents from List A of the List of Acceptable Documents. These documents are: Certificate of U.S. Citizenship (Form N-560 or N-570); Certificate of Naturalization (Form N-550 or N-570); Alien Registration Receipt Card (Form I-151); the unexpired Reentry Permit (Form I-327); and the unexpired Refugee Travel Document (Form I-571). The government also added the most recent version of the Employment Authorization Document (Form I-766) to List A.
USCIS Releases Revised I-9 Form.
On November 7, 2007, U.S. Citizenship and Immigration Services (USCIS) released the revised I-9 form and the updated Handbook for Employers, Instructions for Completing the Form I-9. The revised I-9 form reduces the number of documents employers may accept for newly hired employees during the employment eligibility verification process in compliance with the reduction requirements of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
Cross Your T's and Dot Your I-9 Compliance (pdf).
The I-9 is what people use to describe the Employment Eligibility Verification Forms I-9
and is one of the tools used by the government to try to ensure that employers are hiring
only those individuals eligible to work in the United States.
I-9 Requirements Relaxed for Hurricane Victims (pdf).
The Department of Homeland Security (DHS) announced today that it
will not sanction employers for hiring victims of Hurricane Katrina who, at this time, are unable
to provide documentation normally required under Section 274A of the Immigration and
Nationality Act. DHS will not bring sanction actions against employers for hiring individuals
evacuated or displaced as a result of Hurricane Katrina otherwise eligible for employment but
who currently lack personal documents.
I-9 Goes Paperless.
Employers may now electronically complete and store employee eligibility
(I-9) forms, according to a law that went into effect on April 28, 2005.
Congress Passes Electronic I-9 Legislation (pdf).
Before recessing for the upcoming election, Congress passed a new law
that will allow employers the option of completing and storing I-9
employment verification forms electronically.
ICE Launches Initiative to Increase Audits of I-9s and Employment Records.
On July 1, 2009, Immigration & Customs Enforcement (ICE) announced that it has issued or will soon be issuing Notices of Inspection to review the I-9 records of 652 employers across the nation. The Notices of Inspection may also be issued with subpoenas for records such as quarterly wage reports, EINs, business licenses, correspondence from SSA regarding no-match letters, and payroll data.
