Jackson Lewis Employers’ Immigration Update
Immigration Reform Bill Advances to Senate Floor
Tips to Prepare Your Company for an ICE I-9 Audit
The U.S. Department of Homeland Security’s Immigration Customs and Enforcement (ICE) continues to issue Form I-9 Notices of Inspection to businesses across the nation. In fiscal year 2012, ICE served 3,004 Notices of Inspection to businesses, totaling over $12 million in fines. Additionally, ICE made 520 criminal arrests tied to worksite enforcement investigations. These criminal arrests involved 240 individuals who were owners, managers, supervisors or human resources employees.
Employers May No Longer Pre-Populate Section 1 of Electronic I-9s
In April 2013, representatives from Immigration and Custom Enforcement’s (“ICE”) Homeland Security Investigation Worksite Enforcement Unit announced a critical change in policy regarding electronic I-9 software that now prohibits employers from pre-populating Section 1 of electronic Form I-9s, even if the employer also completes the preparer/translator certificate.
Customs and Border Patrol Starts Rollout of Automated Form I-94 Arrival/Departure Record
As of April 30, 2013, U.S. Customs and Border Protection (CBP) began phasing out the paper Form I-94 cards at airports and seaports in the U.S. and U.S. territories. CBP will still issue a paper Form I-94 card to foreign nationals seeking admission at land border crossings.
USCIS Issues New I-9 Form
Beginning May 7, 2013, employers are required to use a new I-9 form. No drastic changes are made, but employers should review USCIS publications to become familiar with the new form.
Immigration for Employers Summer 2013
A bulletin on immigration issues.
Senate Immigration Proposal Offers Both Exciting Options and More Regulation for Employers
Last month, the so-called “Gang of Eight” Democratic and Republican Senators released their comprehensive immigration reform bill entitled the “Border Security, Economic Opportunity, and Immigration Modernization Act of 2013.” The full bill runs 844 pages, but for employers who want to avoid slogging through the dense language, the Senate has released a detailed 17-page outline that helpfully outlines the bill’s main provisions.
Immigration Alert: Attention International Travelers - Paper I-94s will be Eliminated by May 21, 2013
Executive Summary: The Customs & Border Protection (CBP) agency has begun gradually eliminating the paper I-94 Admission/Departure Record (known as the "I-94") at all air and sea ports of entry. Note: travelers will still receive a paper form I-94 at land border ports of entry. The I-94, in combination with a passport, is commonly used as a List A document for I-9 employment eligibility verification. Therefore, after the change is fully implemented, employers can expect foreign workers to present electronic Form I-94s printed from the CBP's website as evidence of their work eligibility.
Frequently Asked Questions About E-Verify
Employers are following with much interest the ongoing debate in Congress regarding comprehensive immigration reform. A compromise bill was proposed in the Senate earlier in April, and although it is likely that the proposed legislation will undergo a number of changes during the legislative process, one item of particular interest to employers is the provision requiring all companies to use the federal online E-Verify system. Many are already familiar with E-Verify, but here are some Frequently Asked Questions for those who are new to it, and for those who want a refresher.
New Form I-9 Mandatory Use Required Beginning on May 7
Starting on May 7, 2013, all employers in the United States may only use the new Employment Eligibility Verification Form I-9 with a revision date of 03/08/13N to comply with employment eligibility verification requirements under the Immigration Reform and Control Act of 1986.