Federal Employment Law Articles

Immigration - Employment Eligibility

Articles Discussing Employment Eligibility For Non-Citizens.

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USCIS, E-Verify Issue Updated TPS Guidance for Seven Countries Following SCOTUS Decision

Jackson Lewis P.C.·

Takeaways USCIS and E-Verify have issued updated employer guidance for TPS beneficiaries from Burma, Ethiopia, Haiti, Somalia, South Sudan, Syria and Yemen. For all seven countries, employers should use July 10, 2026, as the current date for Form I-9 and E-Verify purposes. Employers should not assume July 10 marks the automatic end of TPS-based employment authorization, particularly for Haiti and Syria, where litigation and agency implementation remain ongoing. Following the U.S. Supreme Court’…

SCOTUS Lifts TPS Termination Injunctions for Haiti, Syria; Employers Await DHS Guidance

Jackson Lewis P.C.·

Takeaways The U.S. Supreme Court reversed preliminary injunctions preventing DHS from implementing the termination of Temporary Protected Status (TPS) for Haiti and Syria. The Court held that the TPS statute bars judicial review of most nonconstitutional challenges to TPS designation and termination decisions. However, the decision itself does not terminate employment authorization or establish new Form I-9 deadlines. Employers should await DHS implementation guidance before acting. The U.S. Su…

ICE Issues New Fact Sheet on I-9 Violation Classifications

Ogletree Deakins·

U.S. Immigration and Customs Enforcement (ICE) recently modified its nearly thirty-year-old guidance on the division between substantive and technical violations on Form I-9s by publishing a fact sheet and did so without engaging in a rulemaking process or seeking public participation.

Form I-9 Updates: ICE Sets Aside Many of the Prior Positions for Determination of Substantive and Procedural Errors

Littler·

Form I-9 Updates: ICE Sets Aside Many of the Prior Positions for Determination of Substantive and Procedural Errors On March 16, 2026, the U.S. Immigration & Customs Enforcement (ICE) issued new rules regarding substantive and technical violations of Form I-9. These changes were made to ICE’s “Form

Determining Work Authorization for Employees on TPS and Humanitarian Parole – Updated December 16, 2025

Littler·

Determining Work Authorization for Employees on TPS and Humanitarian Parole – Updated December 16, 2025 The Trump administration has enacted significant policy changes impacting individuals authorized to work under various immigration programs, including Temporary Protected Status (TPS), humanitaria

E-Verify Resumes Operations After Government Shutdown Hiatus

Ogletree Deakins·

E-Verify is back online. After a brief period of unavailability due to the ongoing government shutdown , the U.S. Department of Homeland Security’s (DHS) E-Verify program has resumed operations. The E-Verify system, which is used by participating employers to verify employment eligibility in the Uni

E-Verify Is Available and Operational as Government Shutdown Continues

Jackson Lewis P.C.·

Without notice, E-Verify appeared back online late on the evening of Oct. 7, 2025. As of 2:00 p.m. (ET) on Oct. 8, 2025, E-Verify is still online and appears fully operable. Employers can resume submitting cases. The E-Verify website had gone dark on Oct. 1, as expected, due to the

E-Verify Update: New ‘Revoked Document Number’ Field Enhances Employer Compliance

Ogletree Deakins·

The U.S. Department of Homeland Security (DHS) has introduced a critical update to the E-Verify Status Change Report of which all employers using the system should be aware. As of July 15, 2025, the report now includes a “Revoked Document Number” field—an enhancement designed to help employers more

Determining Work Authorization for Employees on TPS and Humanitarian Parole

Littler·

Determining Work Authorization for Employees on TPS and Humanitarian Parole The Trump administration has enacted significant policy changes impacting individuals authorized to work under various immigration programs, including Temporary Protected Status (TPS),* humanitarian parole,** and the CHNV***

EAD Terminations and Status Change Reporting: Key Updates for E-Verify Users

Ogletree Deakins·

The U.S. Department of Homeland Security (DHS) has begun revoking employment authorization documents (EADs) for certain noncitizens whose parole into the United States has been terminated. This includes individuals paroled through the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) program , as well as

E-Verify Trends: Evolving Employer Notifications, Alerts

Jackson Lewis P.C.·

E-Verify is an internet-based system through which employers electronically confirm the employment eligibility of their employees. Designed to ensure that employers hire individuals authorized to work in the country, E-Verify compares information provided by employees on Form I-9 with government rec

USCIS Releases New I-9 Form

Shaw Law Group, PC·

Federal law requires that every employer who recruits, refers for a fee, or hires an individual for employment in the U.S. must complete a Form I-9. This employment eligibility verification form assists employers in verifying

Staying I-9 and E-Verify Compliant: Updates for Employers

Jackson Lewis P.C.·

USCIS has published a new version of Form I-9 and effected new updates to the form and E-Verify. Employers can use the new 01/20/2025 edition date

Federal Judge Blocks President Trump’s Executive Order on Birthright Citizenship

Ogletree Deakins·

On February 5, 2025, a federal judge in Maryland issued a nationwide preliminary injunction that halts President Donald Trump’s executive order aimed at terminating birthright citizenship for children born in the United States to undocumented and temporary immigrants.

Workplace Immigration Raids and I-9 Audits

Shaw Law Group, PC·

One of President Trump’s major campaign promises was to crackdown on illegal immigration. In his first few weeks on the job, the President has taken various steps in this direction. Workplace raids and Form I-9 audits

New Administration Likely to Result in Increased I-9 Audits and Raids

Littler·

The new administration is likely to have a profound impact on immigration law and enforcement come January 20. As worksite enforcement and general immigration compliance issues were a primary focus of the Trump administration’s campaign, employers can expect an increase in the enforcement of immigra

Upcoming E-Verify Account Login Changes

Jackson Lewis P.C.·

E-Verify will enhance security for account logins later this year. The system will require multi-factor (or two-step) authentication, meaning that, in addition to a password, users may need to enter a code sent to their email or phone. This can help prevent unauthorized account access in case of a c

USCIS Updates Form I-9 Expiration Date

Jackson Lewis P.C.·

USCIS has updated the Aug. 1, 2023, edition of its Form I-9, Employment Eligibility Verification, solely to extend the expiration date from July 31, 2026, to May 31, 2027. What should employers do? Employers must be using the Aug. 1, 2023, edition of the form. The Aug. 1, 2023,

Is Illinois Trying to Bar the Use of E-Verify (Again)?

FordHarrison·

Real World Impact: Based on a recent amendment to the Illinois Right to Privacy in the Workplace Act (the Act) sent to Governor JB Pritzker for signature on June 20, 2024, it would appear that the answer to this question might be yes! Thus, employers in Illinois who voluntarily use the federal E-Ver