Archives: I-9 and E-Verify

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E-Verify Subject to Collective Bargaining

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

Latest ICE Aggressive Enforcement Targets Northern Ohio Meat Processing Plants

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

Fair Employment Housing Commissions Publishes New National Origin Discrimination Regulations; Limits “English-Only” Rules and Expands Protections for Immigration Status

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

Number of Government Enforcement Investigations Doubles

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

USCIS Releases Improvements to E-Verify System

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

Important E-Verify Announcement: All Regular Timelines Will Remain in Force, For Now

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

E-Verify to be Temporarily Suspended for System Upgrade, USCIS Announces

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

Do Not Respond to Emails Requesting I-9 Information

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

Mandatory E-Verify under Consideration in Congress

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

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
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