Archives: I-9 and E-Verify

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Insights: E-Verify

Over the years, the government has intensified its enforcement of employment verification procedures including increased fines and penalties, as well as potential criminal charges and charges of discrimination against U.S. citizens. The federal government introduced E-Verify in 1997 as a pilot program. E-Verify is an internet-based system that allows businesses to determine the eligibility of … Continue Reading

USCIS Releases New Form I-9 and New Handbook for Employers

On July 17, 2017, the USCIS announced the release of a revised version of Form I-9, Employment Eligibility Verification. The revised version may be used immediately but it must be used no later than September 18, 2017. Employers can continue using Form I-9 with a revision date of 11/14/16 N through September 17, 2017. Employers … Continue Reading

USCIS May Request I-9

The USCIS is requesting some applicants for Adjustment of Status to submit copies of the I-9 Employment Eligibility Verification forms that they (and their employers) completed for current or former employment. These requests are coming as RFEs or from local USCIS field officers. The stated purpose is to help determine benefit eligibility, particularly to determine … Continue Reading

Temporary Protected Status for Haitians Extended Six Months

The Temporary Protected Status (TPS) program for Haitians will be extended an additional six months, until January 22, 2018, Secretary of Homeland Security John F. Kelly has announced. While in TPS, individuals are protected from deportation and they may obtain employment and travel authorization. Approximately 60,000 Haitians in the United States are enrolled in the … Continue Reading

Spending Bill Would Fund Government E-Verify, Certain Visa Programs through End of Fiscal Year

Back in December, President Barack Obama signed a stop-gap spending bill to keep the government running through April 28, 2017.  Immigration programs that were extended at that time included the Conrad 30 Waiver, the Non-Minister Religious Worker Visa, the EB-5 Regional Center, and E-Verify. After weeks of tension, uncertainty and an interim agreement, it seems … Continue Reading

Expect Redesigned Green Cards from USCIS

After May 1, 2017, be on the lookout for redesigned Green Cards and Employment Authorization Documents (EADs). The USCIS will start issuing newly styled cards on May 1 as part of the “Next Generation Secure Identification Document Project” to make cards highly secure and more tamper-resistant. New Green Cards and EADs will: Display the individual’s … Continue Reading

New I-9 Handbook for Employers

USCIS’s new M-274 “Handbook for Employers with Guidance for Completing Form I-9” is now available.  In addition to detailed I-9 completion instructions, the Handbook contains guidance on Photocopying and Retention, Unlawful Discrimination and Penalties, E-Verify. It also contains FAQs as well as images of sample documents. The new I-9 Form went into effect on January … Continue Reading

Revised Employment Verification Regulations Take Effect on January 18, 2017

Revised regulations implementing Section 274B of Immigration and Nationality Act (INA), prohibiting certain unfair immigration-related employment practices, will become effective on January 18, 2017, the Department of Justice has announced. Of particular import to employers are the revisions to 28 CFR Part 44 on the employment eligibility verification process. Employers should ensure their policies and … Continue Reading

President Obama Signs Continuing Resolution That Includes Extension of Four Immigration Programs

On December 9, 2016, President Barack Obama signed H.R. 2028 (Pub. L. 114-254), a stop-gap spending bill to keep the government running through April 28, 2017. H.R. 2028 includes a Continuing Resolution that extends four immigration programs: The Conrad 30 J Waiver, the Non-Minister Special Immigrant Religious Worker Visa, the EB-5 Regional Center Visa Program, … Continue Reading

New Form I-9 Issued

The United States Citizenship and Immigration Services (USCIS) has published the long awaited new Form I-9, Employment Eligibility Verification. The prior form expired on March 31, 2016. The Immigration and Nationality Act requires that employers complete a Form I-9 for all new hires after November 6, 1986, to verify employment authorization. The new form, released … Continue Reading

California Passes Law Expanding I-9 Controls

An amendment to California law expands state prohibitions against “unfair immigration-related practices” related to the hiring of foreign nationals. SB-1001 goes into effective on January 1, 2017. According to the preamble of the bill, it is “unlawful for an employer to request more or different documents than are required under federal law, to refuse to … Continue Reading

New Form I-9 Update

The Office of Management and Budget (“OMB”) has approved revisions to the Form I-9 to be released to the public within 90 days. The exact date of release has not been announced. The new form will include much-needed technology features to assist employers in identifying errors. The new form will replace the 2013 version and … Continue Reading

5th Circuit Throws Out I-9 Fines Against Employer for Alleged Section 2 Attestation Deficiencies

Vacating a $226,000 fine against Employer Solutions Staffing Group for alleged Form I-9 violations, the Fifth Circuit Court of Appeals has ruled that it was not a violation for employer to have one of its agents inspect original employee documents in Texas and have another person in Minnesota complete the employer attestation in Section 2 … Continue Reading

Department of Justice, California Employer Reach Non-Prosecution Agreement over Potential Criminal Violations of Immigration Laws

Gridley, California-based natural food company Mary’s Gone Crackers Inc. agreed and consented to payment of $1.5 million and establishment of a corporate compliance program under a non-prosecution agreement reached with the U.S. Attorney’s Office for the Eastern District of California on July 19, 2016. The agreement requires the company to establish a corporate compliance program … Continue Reading

Employers Risk Higher Penalties for Hiring Unauthorized Workers

The U.S. Department of Justice is increasing civil monetary penalties substantially for employers who knowingly employ an unauthorized worker and for certain other immigration-related violations, according to an interim final rule the Department has published. The rule will take effect on August 1, 2016, and will apply to violations occurring after November 2, 2016. The … Continue Reading

Colorado Repeals State Employment Verification Requirement

Since January 1, 2007, Colorado employers have been required to verify the work authorization of all newly hired employees – in essence, comply with federal I-9 requirements. However, Colorado added requirements on top of the Form I-9: the completion and retention of a written or electronic version of an entirely separate affirmation form, and retention … Continue Reading

NLRB Requires Employer to Bargain with Union over Unilateral Use of Temp Agency Employees and E-Verify

An Administrative Law Judge of the National Labor Relations Board recently ruled that a meat processing company had violated provisions of the National Labor Relations Act when it utilized a temporary employment agency to fill vacant bargaining unit positions, and enrolled in the E-Verify program without first adequately notifying or bargaining with the local union. … Continue Reading

Internal I-9 Audits: Alternative Documentation

Periodic internal I-9 audits are considered an employer “best practice” by Immigration and Customs Enforcement (ICE). Before conducting an internal I-9 audit, however, employers need to understand how to address a range of issues likely to be identified. In a Technical Assistance Letter (dated October 23, 2015), the Office of Special Counsel for Immigration-Related Unfair … Continue Reading

Government to Delete E-Verify Records after 10 Years

Employers using E-Verify may mistakenly believe that once a record is created, it will be stored forever in the E-Verify system. Effective January 1, 2016, E-Verify transaction records more than 10 years old will automatically be deleted from the E-Verify system. That means that employers will no longer have access in E-Verify to cases created … Continue Reading

Texas Agencies Ordered to E-Verify (state contractors are off-the-hook)

Texas Governor Greg Abbott signed a bill (S.B. 374) into law June 10, 2015, that requires state agencies in Texas to use the E-Verify system to check that new employees are authorized to work in the U.S. E-Verify, managed by U.S. Citizenship and Immigration Services, compares information filled out by job applicants on an I-9 … Continue Reading

Worksite Implications of Department of Homeland Security Shutdown

With the upcoming potential lapse in funding of the Department of Homeland Security, employers may encounter worksite compliance issues because the E-Verify program may be unavailable at the end of the day on February 27th. Should this happen, employers will not be able to create E-Verify cases to determine the eligibility of their employees to … Continue Reading

Requiring Specific Documents with I-9 Can Bring Investigations, Fines

The Department of Justice is investigating and fining employers who require specific documentation from employees during the I-9 employment eligibility verification process.  DOJ’s Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) often relies on statistics showing a large proportion of employees presenting specific documentation during the I-9 process to determine whether to … Continue Reading

USCIS Solutions for E-Verify Errors

AUTHOR:  Davis C. Bae. E-Verify is a free online program for employers to verify Form I-9 data through government databases.  Tentative Nonconfirmations (TNCs) are messages issued by E-Verify when information from an employee’s Form I-9 does not match data from U.S. Department of Homeland Security (DHS) and Social Security Administration (SSA) records. E-Verify will alert … Continue Reading
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