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).
Articles Discussing Employment Eligibility For Non-Citizens.
DHS Rescinds COVID-19 Pandemic Related I-9 Policy Change
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
I-9 and E-Verify: Modern Day Siblings
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.
Will Reopening of Social Security Administration Offices Ease E-Verify No-Match Backlogs?
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
PREVENTING COSTLY FORM I-9 MISTAKES
Employers know they must confirm the identity and work authorization of each new hire by completing a Form I-9.
ICE: I-9 Flexibility to Continue Through April 2022
ICE has announced it will extend I-9 flexibility until April 30, 2022, due to continuing precautions related to COVID-19.
The guidance remains the same:
Employees who work exclusively in a remote setting due to COVID-19 continue to be temporarily exempt from the in-person requirements associated with Form I-9 Employment Eligibility
Michael Neifach Discusses Implications of Permanent I-9 Flexibility
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.
ICE: I-9 Flexibility to Continue Through 2021
Once again, at the last moment, ICE has extended “flexibility” for I-9 employment verification. This time, for four more months, until the end of the year, December 31, 2021, due to continuing COVID-19 precautions.
Employees hired on or after April 1, 2021, who work exclusively in a remote setting are
Tougher E-Verify Enforcement
E-Verify is moving toward tougher enforcement, which can result in a temporary termination from participation in the E-Verify program.
Early in the COVID-19 pandemic, E-Verify relaxed some of its standards regarding Tentative Nonconfirmation (TNCs). But, by November 2020, E-Verify stopped allowing extensions and began enforcing its usual timing requirements.
Employers
I-9 Updates and USCIS Flexibility Extended in Response to Ongoing COVID-19 Pandemic
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.
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.