On July 21, 2023, the Department of Homeland Security (DHS) announced a final rule, which will be officially published on July 25, 2023, that will provide eligible employers filling out the Employment Eligibility Verification Form I-9 an optional alternative to the in-person physical document examination method that employers have followed
Articles Discussing Employment Eligibility For Non-Citizens.
DHS Announces the Release of a New Form I-9 and a Remote Verification Option for Certain Employers
On July 21, 2023, U.S. Citizenship and Immigration Services announced that it would publish a revised Form I-9, Employment Eligibility Verification. In addition, the U.S. Department of Homeland Security announced a final rule establishing an optional remote procedure for employers meeting certain requirements to complete the I-9 employment verification process.
Remote I-9 Verification Ending Soon
During the pandemic, employers that hired employees who worked exclusively in remote settings due to COVID-19 precautions were temporarily exempt from the in-person inspection requirements for documents presented in connection with Form I-9. Under these circumstances, it was permissible for employers to remotely inspect the documents (over video link, fax, or email), and they were instructed to note “COVID-19” until such time that the documents could be inspected in person.
Employers Have 30 Days to Reach Compliance after I-9 COVID Flexibilities End on July 31, 2023
On May 4, 2023, the Department of Homeland Security (DHS) and Immigration Customs and Enforcement (ICE) announced that employers have 30 days to reach I-9 compliance after COVID-19 flexibilities end on July 31, 2023. Under this announcement, all employees onboarded using remote verification must have in-person physical verification of
Employer Remote Verification of I-9 Documents Sunsets on July 31, 2023
By: Employer Remote Verification of I-9 Documents Sunsets on July 31, 2023
On May 5, 2023, Immigration and Customs Enforcement announced the sunset of the pandemic provision allowing employers to review I-9 employment verification documents remotely. On July 31, 2023, employers must return to the pre-pandemic practice of physically inspecting newly
What Does the End of Title 42 and I-9 Flexibility Mean for Employers?
U.S. immigration policy and the Biden administration’s response to the ongoing migration crisis have been hot topics in the news. We break down potential considerations for employers as the pandemic-era immigration policy ends and border crossings from individuals without documentation in search of asylum are expected to rise sharply.
I-9 Compliance Flexibility to End on July 31, 2023; Employers Have Until August 30, 2023, to Physically Inspect I-9 Documents
U.S. Immigration and Customs Enforcement (ICE) has announced that the temporary COVID-19 accommodations for Form I-9, Employment Eligibility Verification, will expire on July 31, 2023.
OCAHO Reduces I-9 Penalties by Average of 34% in 2022-2023
The Office of the Chief Administrative Hearing Officer (OCAHO) has issued eight decisions over the past year addressing Form I-9 penalties. On average, the OCAHO has reduced an employer’s assessed penalty by 34.16%.
In 2022 More Mandates for E-Verify
Updating our list from last year, E-Verify is an electronic employment verification program through which employers may verify the eligibility of their employees to work in the United States.
Employers May Accept Naturalization Receipts and Expired Green Cards for I-9 Purposes
This week, US Citizenship & Immigration Services (USCIS) announced a policy change that allows employers to accept a receipt notice for a naturalization application along with an expired Permanent Resident Card (a/k/a Green Card) as evidence of employment authorization and identity.
According to USCIS, “Presentation of the Form N-400 receipt notice along with the expired [Permanent Resident Card] is valid, unexpired evidence of LPR status, as well as identity and employment authorization under List A of Employment Eligibility Verification (Form I-9), if presented before the expiration of the 24-month extension period provided in the notice.” This policy change comes as a result of a listening session with its customers and furthers USCIS’ efforts to streamline immigration processing, and to encourage eligible Lawful Permanent Residents to naturalize.
Dear Littler: Can We Require Proof that Our Applicants Are Authorized to Remain in the United States Permanently or at Least for the Foreseeable Future?
Dear Littler: We are a multi-state manufacturing company with facilities throughout the United States. Like many companies, we have experienced a great deal of employee turnover in the last few years. Many of our employees are immigrants. As we are advertising for and hiring new employees, can we require
DHS Again Extends I-9 Compliance Flexibility, Also Proposes Framework to Allow Alternative Verification Procedures
The U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), recently extended until July 31, 2023, the temporary policy allowing remote verification of Form I-9 documents for employees working exclusively in remote settings due to COVID-19–related precautions.
Is an End to Remote I-9 Document Inspection Coming?
In 1986, the Immigration and Nationality Act (“INA”) was amended to require all employers to verify the employment eligibility of all newly hired workers. The regulations interpreting the INA require employers to physically inspect the documents employees present as evidence of employment authorization.
On March 20, 2020, ICE suspended the physical inspection requirement. The requirement was suspended to accommodate employers facing COVID-19 pandemic lockdowns and the proliferation of remote work. ICE permitted employers to inspect I-9 documents over video link, fax, or email, and obtain, inspect, and retain copies of the documents within three business days of hire. In its announcement, ICE warned that these changes were to be temporary. ICE advised that at the conclusion of the pandemic, employers would be required to physically inspect the employment eligibility documents for all employees hired under remote inspection. ICE threatened that employers that did not physically inspect employment eligibility documents within three days after the expiration date of the temporary rule change would face fines and other penalties.
ICE has extended the expiration date of the remote verification rule change several times. Most recently, on October 11, 2022, ICE extended the pandemic accommodation until July 31, 2023. However, in the press release announcing the extension, ICE hints that this may be the last extension. The press release states:
“Employers are encouraged to begin, at their discretion, the in-person verification of identity and employment eligibility documentation for employees who were hired on or after March 20, 2020, and who presented such documents for remote inspection in reliance on the flexibilities first announced in March 2020.”
While it would seem that commencing in-person I-9 document verification now would be prudent, any employer contemplating taking such an action should consult counsel and tread very carefully. Employers have no authority to demand the production of I-9 documents while the accommodation is in place. Employees may greet such a request with hostility, see it as a threat to their continued employment, or assert that it creates some kind of illegal harassment or discrimination.
Employers Should Continue to Use Current Version of Form I-9 After Oct. 31, 2022
On October 12, 2022, the USCIS announced that employers should continue to use the current Form I-9 after its expiration date of October 31, 2022, until further notice. It is anticipated that the Department of Homeland Security will publish a new one-page Form I-9 in the coming months. Thus,
DHS/ICE Extends I-9 Remote, Virtual Verification until July 31, 2023
On October 11, 2022, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced a nine-month extension until July 31, 2023, of the policy allowing remote, virtual verification of the documentation required for a Form I-9 when a workforce is working remotely. It is unknown