The long-promised new Form I-9 is now available for use and downloading from the USCIS website. Although it became available for use starting January 31, 2020, there is a grace period. Employers have up to 90 days (until May 1, 2020) to start using the new form which has the Revision date 10/21/19 on
I-9 and E-Verify
Preemption Issues High Court is Considering in I-9 Fraud Case
The U.S. Supreme Court has heard oral argument in a case in which it will decide whether a state may prosecute individuals for using false information on a Form I-9 Employment Eligibility Verification, a federal employment eligibility verification form. Our article is here.
New Pennsylvania Law Requires Construction Employers to Use E-Verify
Here is our update on the required use of E-Verify by employers in the construction industry in the Commonwealth of Pennsylvania.
Update on Status of Changes to Soon-To-Expire Form I-9
The I-9, Employment Eligibility Verification Form, that employers have been using since July 2017 is set to expire on August 31, 2019. Until USCIS makes any additional announcements on I-9 Central, employers should plan to continue to use the current form.
In preparation for the form’s expiration, USCIS initiated a 60-day comment period on…
The New Normal: Sustained Rise in Worksite Immigration Raids
Six hundred and eighty workers from seven poultry processing plants across Mississippi were arrested by ICE in what was the largest workplace raid in a decade. Raids of this size require complex logistics and months of preparation. This raid has been in the planning stages for a year. “Sources close to the Department of…
DHS High-Pressure Activities Continue
The Department of Homeland Security Immigration and Customs Enforcement (ICE) has sent an unprecedented number of I-9 audits, called Notices of Inspection (NOIs), in the previous three weeks reportedly to more than 3,000 companies. At least another 3,000 are likely on the way since ICE has requested (and received) an additional $6.5 million to hire…
Mergers and Acquisitions and Compliance with Form I-9 Employment Eligibility Verification
A merger or acquisition in the works means not only needing to determine whether any acquired foreign nationals (including key employees) will be able to transfer seamlessly into the new entity, but also what to do about compliance with the Form I-9 Employment Eligibility Verification. Please read our full story here.
Insights: Pros and Cons of Registering for E-Verify
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…
Received a No-Match Letter from SSA?
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…
U.S. Supreme Court to Decide If Immigration Law Preempts State Law Prosecution
Please see our legal update on the issue of whether the Immigration Reform and Control Act (IRCA) preempts states from using information in Form I-9 to prosecute a person under state law.