Articles Discussing Employment Eligibility For Non-Citizens.

The new administration is likely to have a profound impact on immigration law and enforcement come January 20. As worksite enforcement and general immigration compliance issues were a primary focus of the Trump administration’s campaign, employers can expect an increase in the enforcement of immigration compliance, particularly ICE (Immigration &

E-Verify will enhance security for account logins later this year. The system will require multi-factor (or two-step) authentication, meaning that, in addition to a password, users may need to enter a code sent to their email or phone. This can help prevent unauthorized account access in case of a compromised

USCIS has updated the Aug. 1, 2023, edition of its Form I-9, Employment Eligibility Verification, solely to extend the expiration date from July 31, 2026, to May 31, 2027.

What should employers do?

Employers must be using the Aug. 1, 2023, edition of the form. The Aug. 1, 2023,

Real World Impact: Based on a recent amendment to the Illinois Right to Privacy in the Workplace Act (the Act) sent to Governor JB Pritzker for signature on June 20, 2024, it would appear that the answer to this question might be yes! Thus, employers in Illinois who voluntarily use the federal E-Verify system should be aware of pending legislation that could be interpreted to bar such use. If this legislation is enacted, employers will need to evaluate their work authorization practices to ensure they comply with Illinois state law. 

The Office of the Chief Administrative Hearing Officer (OCAHO) has issued four decisions since February 2023 addressing the amount penalties imposed on employers for Form I-9 violations. On average, OCAHO reduced such penalties by 24.36%

Good news for those applying for or with pending Employment Authorization Document (EAD) renewals. DHS is temporarily reinstituting its 540-day automatic extension of work authorization for eligible individuals.

Although DHS has streamlined its EAD process and extended EAD validity periods for certain applicants from two years to five years,

All employers must properly and timely complete a Form I-9 for every new employee hired in the United States. But, that’s not as easy as it sound!  And employers can make costly mistakes without realizing it.  To avoid liability, employees who process Form I-9s should be trained on what to do, and how to do it.  We can help!

The Department of Justice (DOJ) has issued a new Employer Fact Sheet alerting employers about avoiding unlawful discrimination and other Form I-9 violations when using commercial or proprietary programs to electronically complete I-9s and participate in E-Verify. It is a comprehensive, though not exhaustive, explanation.

DOJ states:

Ensure the

In this episode, Jen explains why Form I-9s create such consternation for HR folks.

A recent employer fact sheet from the U.S. Department of Justice (DOJ) and U.S. Department of Homeland Security (DHS) provides guidance for avoiding unlawful discrimination and other violations when using private software products to complete Forms I-9 and E-Verify cases.

The new Form I-9, Employment Eligibility Verification, which was released on August 1, 2023, must be used for all new hires, effective November 1, 2023. The grace period—during which an employer could use the new Form I-9 or the Form I-9 (10/21/2019 version)—ends October 31, 2023.

The highlights of

On August 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9, Employment Eligibility Verification, which may be used now but must be used for all new hires and rehires starting November 1, 2023. The new form is a major change from

Proper completion of the Employment Eligibility Verification Form I-9 is one of the most important responsibilities of employers, including manufacturers, at the beginning of the hiring process. Saying it learned from the COVID-19 pandemic, the Department of Homeland Security has published a final rule that provides eligible employers completing the I-9 an optional alternative to the in-person physical document examination method that employers have followed as part of the Form I-9 process since its inception in 1986.

Proper completion of the Employment Eligibility Verification Form I-9 is one of the most important responsibilities of employers, including retailers, at the beginning of the hiring process.

In this episode, Jen and Megan Donaghey, Shaw Law Group’s Form I-9 guru, discuss the new Form I-9 and processes, and the now permanent remote document verification process available to qualified employers.