I-9 and E-Verify

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As businesses begin to reopen after shutdowns to help stop the spread of the COVID-19 pandemic, employers should anticipate heightened scrutiny by USCIS, ICE, and the Departments of Labor and Justice regarding wage and hour and immigration requirements.

The current surge in worksite enforcement is expected to result in as many as 10,000 I-9 audits…

ICE has announced that its flexibility regarding the physical presence requirements for I-9 inspection will be extended for another 30 days, until June 18, 2020 due to continued COVID-19 precautions. The terms and details of this flexibility remain the same.

Basically, eligible employers may continue to inspect Section 2 documents remotely (e.g., over video…

The persistent problem of undocumented workers presenting plausible (but ultimately fraudulent) employment verification documents to employers has taken a new twist in the COVID-19 pandemic: a rise in imposter claims for unemployment insurance.

Imposter claims are a type of identity theft; someone uses someone else’s personal information, including Social Security numbers, to collect unemployment compensation.…

The updated M-274, Handbook for Employers: Guidance for Completing Form I-9, from USCIS offers some interesting substantive clarifications and developments.

Changes to match the most recent Form I-9 revisions include:

  1. Section 2.0 clarifies that any person can serve as an authorized representative of the employer to complete, update, or make corrections to Section 2

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E-Verify has modified its policies temporarily due to COVID-19 as follows:

  • Employers must still create cases in E-Verify within three business days from the date of hire.
  • Employers should use the hire date from the employee’s Form I-9 Employment Eligibility Verification.
  • Delays in E-Verify case creations are documented in the usual way by selecting

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The Department of Homeland Security (DHS) announced flexibility regarding Employment Verification (Form I-9) regulations due to COVID-19.

Recognizing that companies and organizations are having to temporarily shift to a remote working basis, DHS is allowing employers to inspect Section 2 documents remotely (e.g., over video link, fax or email, and so on) and to obtain,…

Long lines could be seen outside and around New York Department of Motor Vehicles offices as undocumented immigrants waited anxiously for hours in long queues to obtain driver’s licenses. Since 2013, a growing number of states have been issuing driver’s licenses in one form or another to undocumented workers. New York and New Jersey…