Articles Discussing Employment Eligibility For Non-Citizens.

On May 14, 2020, the U.S. Department of Homeland Security’s (DHS) Immigration and Customs Enforcement (ICE) agency announced an extension of its prior guidance relaxing the in-person verification requirements of Form I-9 for employers operating remotely due to the  COVID-19 pandemic.

ICE has announced that its flexibility regarding the physical presence requirements for I-9 inspection will be extended for another 30 days, until June 18, 2020 due to continued COVID-19 precautions. The terms and details of this flexibility remain the same.

Basically, eligible employers may continue to inspect Section 2 documents

Recognizing the profound impact COVID-19 is having on the way businesses operate, the Department of Homeland Security (DHS) has implemented temporary employment verification procedures to address some of these issues.

The updated M-274, Handbook for Employers: Guidance for Completing Form I-9, from USCIS offers some interesting substantive clarifications and developments.

Changes to match the most recent Form I-9 revisions include:

Section 2.0 clarifies that any person can serve as an authorized representative of the employer to complete, update, or

E-Verify has modified its policies temporarily due to coronavirus (COVID-19) pandemic to ease the burden on employers and employees.

Check out the article the leaders of our Immigration Practice Group have just released on this development.

In October 2017, then-Deputy Director of Immigrations and Customs Enforcement (ICE) Tom Homan publicly announced the agency’s aim to increase workplace investigations “by four or five times” over concerns that employment of undocumented workers makes the United States a “magnet” for […]

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On December 3, 2018, the U.S. Department of Homeland Security (DHS) issued a proposed rule which, if finalized after notice and comment, would significantly change the H-1B lottery process. These proposed changes further implement the 2017 Buy American Hire American […]

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On Tuesday, August 28, USCIS announced a broader suspension of premium processing for H-1B petitions filed by employers. This alert describes this suspension and its significant implications, particularly in light of two other recent policy changes: A new Request for […]

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When the USCIS begins accepting applications for H-1B visas on April 1, it will do so under new rules that bring significant changes to the H-1B lottery process. Specifically, changes to the order in which the H-1B lottery selection is […]

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On Jan. 31, 2020, U.S. Citizenship and Immigration Services (USCIS) published a new Form I-9, Employment Eligibility Verification Form, version date of “Rev. 10/21/2019,” that all employers must begin using on May 1, 2020.

On January 31, 2020, the U.S. Citizenship and Immigration Services (USCIS) published a new edition of Form I-9, Employment Eligibility Verification, approved by the Office of Management and Budget on October 21, 2019. Employers may begin using this updated form immediately, but must use it as of April 30, 2020.1 All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States, including citizens and non-citizens.2 Both employees and employers (or authorized representatives of the employer) must complete the form.

Today, US Citizenship & Immigration Services released a new version of Form I-9. The new form bears a revision date of 10/21/2019. Prior versions of the I-9 form are not authorized. Employers have until April 30, 2020 to use the new version of the form. To avoid unnecessary complications in the event of an ICE audit, employers should destroy blank copies of the old version of the I-9 form and distribute the new form for use immediately.

The long-promised new Form I-9 is now available for use and downloading from the USCIS website. Although it became available for use starting January 31, 2020, there is a grace period. Employers have up to 90 days (until May 1, 2020) to start using the new form which has the Revision date 10/21/19 on the bottom corner. Failure to use the new form on and after May 1, 2020, will lead to penalties in case of an audit.

USCIS has announced it has published a New Form I-9, which employers may start using January 31, 2020. The announcement is available at: https://www.uscis.gov/i-9-central/whats-new/whats-new.

The U.S. Supreme Court has heard oral argument in Kansas v. Garcia, a case in which it will decide whether a state may prosecute individuals for using false information on a Form I-9 Employment Eligibility Verification, a federal employment eligibility verification form. Kansas v. Garcia, No. 17-834.