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 … Continue Reading
The Social Security Administration (SSA) No-Match letters to employers are notifications from SSA that an individual employee’s W-2 form does not match SSA’s records. The letters also inform employers that corrections are necessary and direct employers to use the SSA’s Business Services Online (BSO) database, which requires registration, to find out exactly which employees came … Continue Reading
Please see our legal update on the issue of whether the Immigration Reform and Control Act (IRCA) preempt states from using information in Form I-9 to prosecute a person under state law.… Continue Reading
Employers will have until February 11, 2019, to create cases in E-Verify for employees hired during (or just prior to) the government shutdown. Because of the month-long interruption in services, E-Verify anticipates that there will be longer-than-usual processing times and longer-than-usual delays in responses to requests for assistance. Creating Cases for Employees Hired During (or … Continue Reading
President Donald Trump has announced that the government shutdown is over, for now. He has agreed to sign a short-term spending bill that will re-open the government for three weeks, until February 15, 2019. The bill does not include any wall funding. The bill is expected to be brought to the Senate floor “immediately.” The … Continue Reading
Although the ongoing government shutdown is rooted in an immigration matter – the “wall” – its effect on other immigration processes is somewhat limited. Fee-funded activities are not affected, which means that USCIS offices will remain open, interviews and appointments will continue as scheduled, and most petitions and applications will continue to be accepted and … Continue Reading
While I-9 compliance is important, companies cannot forget about other labor and employment laws. In May 2018, a meatpacking company in Illinois was caught between ICE and the National Labor Relations Board. ICE conducted an audit of the company’s I-9s. Upon notice of the audit, the company began implementing E-Verify. An NLRB judge ruled that … Continue Reading
On June 19, 2018, unannounced ICE raids resulted in the arrest of more than 140 workers at four meat processing plants in Ohio. ICE calls this its largest workplace raid in recent history. According to Fresh Mark, it is a member of ICE’s voluntary IMAGE (ICE Mutual Agreement between Government and Employers) Program. Fresh Mark … Continue Reading
If you haven’t visited our California Workplace Law Blog, please see this recent post which touches on limitations on practices for verifying employment eligibility, as well as related protections for workers. It is co-authored by one of our immigration attorneys, Brian Schield.… Continue Reading
ICE announced its enforcements investigations in the last seven months have already doubled last year’s total. Since October 2017, ICE’s Homeland Security Investigations (HSI) opened 3,510 worksite investigations, initiated 2,282 I-9 audits, and made 594 criminal and 610 administrative worksite-related arrests. Thomas Homan, Acting Director of ICE, predicted in October 2017 that ICE would quadruple … Continue Reading
After gathering feedback and extensive testing, USCIS has unveiled an updated and modernized E-Verify system to improve the user experience, efficiency, and reduce errors. Enhanced features include: Expanded helper text and visuals; Real-time feedback on errors; Auto-scroll feature that takes the user to the next section; Streamlined case creation and case closure; Modernization to reduce … Continue Reading
Despite its prior announcement, USCIS has just notified the public that the E-Verify enhancements will be postponed. Accordingly the system will remain in operation through this weekend and until further notice and all regular timelines will remain in force. Jackson Lewis will continue to provide updates as they become available.… Continue Reading
Some E-Verify timeframes will be suspended temporarily, USCIS has announced. E-Verify services will be unavailable from midnight March 23 (Friday) to 8:00 a.m. March 26 (Monday) due to system upgrades. The agency has provided a Fact Sheet on E-Verify requirements and other issues during the outage. During the suspension, employers will not be able to … Continue Reading
The USCIS has issued the following notice regarding scam emails requesting I-9 information: USCIS has learned that employers have received scam emails requesting Form I-9 information that appear to come from USCIS. Employers are not required to submit Forms I-9 to USCIS. Employers must have a Form I-9, Employment Eligibility Verification, for every person on … Continue Reading
Every employer in the United States would be required to use E-Verify to determine whether employees are authorized to work if “The Legal Workforce Act of 2017” (LWA) is passed. Supported by President Donald Trump and introduced by Representatives Lamar Smith (R-Tex.) and Ken Calvert (R-Cal.) to “turn off the jobs and benefits magnet” that … Continue Reading
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
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
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
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
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
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
USCIS is reminding employers that if they are continuing to use a Form I-9 (“Smart Form”) that was downloaded between November 14 (when the form first became available) and November 17, 2016, they should download, save, and start using a new Form I-9, available at uscis.gov/i-9 . There was a glitch in the software during … Continue Reading
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 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
