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 […]
Articles Discussing Employment Eligibility For Non-Citizens.
Employers must start using new form I-9 on May 1, 2020
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.
USCIS Publishes New Form I-9
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.
USCIS Releases New Version of Form I-9
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.
USCIS Introduces New I-9 Form
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.
Immigration Update – USCIS Releases New Form I-9
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.
Preemption Issues High Court is Considering in I-9 Fraud Case
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.
Update on Status of Changes to Soon-To-Expire Form I-9
The I-9, Employment Eligibility Verification Form, that employers have been using since July 2017 is set to expire on August 31, 2019. Until USCIS makes any additional announcements on I-9 Central, employers should plan to continue to use the current form.
Mergers and Acquisitions and Compliance with Form I-9 Employment Eligibility Verification
A merger or acquisition in the works means not only needing to determine whether any acquired foreign nationals (including key employees) will be able to transfer seamlessly into the new entity, but also what to do about compliance with the Form I-9 Employment Eligibility Verification.
Insights: Pros and Cons of Registering for E-Verify
Immigration enforcement is a major focus of attention of the Trump Administration – including in the business immigration context. One measure of this interest is the increase in I-9 audits. ICE reported that worksite investigations surged in FY 2018 by “300 to 750 percent” over FY 2017. Given that, many employers are considering whether to register for E-Verify.
Immigration Enforcement and I-9 Audits Skyrocket, Affecting the Construction Industry
In this podcast, Russ McEwan, a Littler shareholder in the Newark office, and Sean McCrory, an associate in the Dallas office, discuss immigration enforcement trends affecting the construction industry – particularly I-9 audits.
eVerify: Good News and Bad News
There is good news and bad news regarding eVerify.
E-Verify is Back in Operation, but Post-Shutdown Delays and Concerns Remain
E-Verify, the electronic immigration system that employers use to confirm employees’ eligibility to work in the United States, has resumed operation. E-Verify was unavailable during the longest federal government shutdown in history, which lasted from December 22, 2018 to January 25, 2019. As of January 28, 2019, all E-Verify services are once again available for use, though users may experience longer-than-usual processing times as the U.S. Department of Homeland Security (DHS) works through a large volume of accumulated cases.
eVerify: Good News and Bad News
There is good news and bad news regarding eVerify.
E-Verify Procedures During the Government Shutdown
When the federal government partially shut down on December 22, 2018, so did E-Verify, the online system for verifying a new hire’s eligibility to work. Employers that are obligated to or have chosen to use E-Verify have probably already received this message from the E-Verify website: “NOTICE: Due to the lapse in federal funding, this website will not be actively managed. E-Verify and E-Verify services are unavailable.”