Effective June 1, 2021, U.S. Citizenship and Immigration Services (USCIS) has expanded and extended ongoing flexibility for employers complying with certain I-9 employment eligibility verification requirements due to ongoing issues caused by the COVID-19 pandemic.
Articles Discussing Employment Eligibility For Non-Citizens.
NLRB Finds I-9 Compliance Can Be Subject to Mandatory Bargaining
Complying with statutory workplace requirements does not necessarily excuse an employer from its bargaining obligations. A panel of the National Labor Relations Board (NLRB) upheld an Administrative Law Judge’s (ALJ) finding that an employer violated the National Labor Relations Act (NLRA) when it refused to bargain over the effects of
Amy Peck Discusses Extended I-9 Flexibility
Amy Peck discusses the implications of U.S. Immigration and Customs Enforcement (ICE) extending its I-9 verification flexibility in the wake of COVID-19 and best practices for ensuring compliance in “Form I-9 Remote Review Extended Through Summer 2021,” published by SHRM.
ICE Announces I-9 Flexibility Will Continue through the Summer
ICE announced that I-9 flexibility will be extended again – this time through the whole summer until August 31, 2021.
Since March 2020, companies that have been operating remotely have been able to inspect Section 2 Form I-9 documents virtually, over video link, by fax or via email. In April
COVID-19 and the Form I-9: Preparing for the End of Remote Document Verification
Early in the COVID-19 pandemic, the U.S. Department of Homeland Security (DHS) authorized U.S. employers with employees who are taking physical proximity precautions to remotely inspect identity and work authorization documents when completing Form I-9, Employment Eligibility Verification, rather than review original documents in person.
Navigating the Form I-9 for TPS and DED: Complex Verification Requirements
Over the past three months, the Biden administration has expanded immigration benefits for foreign nationals on humanitarian grounds. Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) are two such humanitarian benefits that permit certain foreign nationals to live and work in the United States with government-issued employment authorization documents.
ICE Announces Extension for Temporary Flexibility for I-9 Compliance to May 31
ICE has announced that I-9 flexibility will be continued for another 60 days, until May 31, 2021. Here is ICE’s full announcement.
With this extension, ICE specifically noted that employees hired on or after April 1, 2021 who work exclusively in a remote setting due to COVID-19 related precautions will
Companies Prep to Return to Worksites as Temporary Flexibility for I-9 Compliance Extended
Flexibility in completing I-9 Employment Verification Forms has been continued until March 31, 2021, and it may be extended beyond that. Under that flexibility, employers have been allowed to inspect Section 2 Form I-9 documents virtually (e.g., over video link, by fax, or by email).
Nevertheless, as companies “return” to
USCIS Announces Deadline to Download E-Verify Data
Pursuant to the National Archives and Records Administration (NARA) records retention and disposal schedule (N 1-55-08-7), U.S. Citizenship and Immigration Services (USCIS) annually purges E-Verify data that is more than 10 years old. According to USCIS, as of May 14, 2021, employers will no longer have access to E-Verify records
Updates on I-9 Verification Flexibility and Compliance During COVID-19 Pandemic
On March 20, 2020, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced their intent to relax the requirements for performing in-person verification of documents presented for Form I-9, Employment Eligibility Verification, given the challenges employers faced during the COVID-19 pandemic.
USCIS Reminder: 10-Year-Old E-Verify Records Will be Deleted
USCIS announced that on May 14, 2021, it will dispose of 10 years of records dated on or before December 31, 2010, from its Historic Records Report. Employers that use E-Verify have until May 14, 2021, to download case information they wish to retain.
This is not a new procedure,
Form I-9 Webinar Series
Completing, maintaining, auditing, and correcting your Forms I-9 can be overwhelming. Our “Everything You Need to Know About the Form I-9” webinar covers the basics, but we understand it can sometimes feel like you are drinking from a fire hose.
VIDEO: David Garrett on E-Verify Mandates Growing throughout the United States
E-Verify is an electronic employment verification program through which employers may confirm the work eligibility of their employees to work in the United States.
Temporary Flexibility for I-9 Compliance Extended Again
Once again, ICE has announced a further extension of flexibility in its rules related to I-9 compliance. The extension will continue through March 31, 2021.
This means that:
Employers may continue to inspect Section 2 Form I-9 documents virtually (e.g., over video link, by fax, or by email). The
ICE Extends Form I-9 Verification Flexibility Policy Through December 31, 2020
On November 18, 2020, U.S. Immigration and Customs Enforcement (ICE) announced an extension of its policy allowing flexibility in performing in-person verification of documents presented for Form I-9, Employment Eligibility Verification.
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