Articles Discussing Employment Eligibility For Non-Citizens.

The Department of Homeland Security (DHS) is considering making a change which would permanently allow the flexibility it has extended over employers’ verification of employees’ identity and employment eligibility since March 2020.

Historically, Form I-9 has required employers to physically inspect original documentation presented by employees in a face-to-face interaction.

The Immigration Reform and Control Act (IRCA) of 1986 requires all U.S. employers to complete a Form I-9 upon hiring a new employee to work in the United States. Civil and criminal fines and penalties may be imposed on a business for employing undocumented workers, and individuals responsible for IRCA compliance can even be held personally liable.

Normally, the U.S. Department of Homeland Security (DHS) regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the Employment Authorization Document (EAD) for applicants within certain employment-eligible categories who have a timely filed and pending request to renew employment authorization

As of May 4, 2022, the Department of Homeland Security (DHS) is increasing the automatic extension of work authorization from 180 days to 540 days for certain individuals.

Currently, certain individuals with expiring employment authorization documents (EADs) can continue working for an additional 180 days as long as they have

On April 25, 2022, the U.S. Department of Homeland Security’s (DHS) Immigration and Customs Enforcement (ICE) agency announced an extension of compliance flexibility related to Form I-9 employment eligibility verification requirements until October 31, 2022.

I-9 flexibility is extended until October 31, 2022, due to continuing COVID-19 precautions.

The Department of Homeland Security (DHS) guidance remains the same and preparing for the possible end of the flexibility is still advised. Indeed, DHS stated, “[E]mployers are encouraged to begin, at their discretion, the in-person verification of

A new Form I-9, Employment Eligibility Verification is in the works.  The Department of Homeland Security (DHS) is seeking comments on its proposed changes to the form.

Used by all employers, Form I-9 has always had many traps for the unwary.  DHS, with its proposed changes, is trying to simplify

As of May 1, 2022, employers can no longer accept expired List B documents for Form I-9 Employment Eligibility Verification purposes, and any expired List B documents that were previously accepted must be updated by July 31, 2022.

Allowing employees to present these expired documents was a temporary policy instituted

So, more COVID-19 related developments, but this time related to Form I-9 compliance.  The federal Department of Homeland Security announced recently that beginning on May 1, 2022, employers may no longer accept expired identity documents (listed in “List B” of the “Lists of Acceptable Documents” on the Form I-9).

By: DHS Rescinds COVID-19 Pandemic Related I-9 Policy Change

The Department of Homeland Security (“DHS”) announced the end of a COVID-19 related temporary policy change regarding acceptable documents during the I-9 process for administration of the Immigration and Nationality Act’s prohibition against employment of unauthorized foreign nationals.  

Federal law requires

As the COVID-19 workplace begins its third year, employers working on federal contracts must understand updated I-9 compliance and their I-9 and E-Verify responsibilities when employees relocate or work remotely. 

The Social Security Administration (SSA) has reached an agreement with three of its unions on its COVID-19 re-entry plan.

SSA offices have been essentially closed to the public since March 2020. That affected SSA’s ability to resolve E-Verify Tentative Nonconfirmations (TNCs) due to a no-match between a person’s name and

Michael Neifach discusses the practical and compliance implications of the U.S. Department of Homeland Security potentially extending the I-9 inspection flexibility afforded during the COVID-19 to be a permanent standard in “DHS Seeks Input on Making Remote I-9 Review Permanent,” published by SHRM.