I-9 and E-Verify

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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…

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…

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…

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…

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…

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.

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…

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

…

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…