Archives: I-9 and E-Verify

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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

Employers Risk Higher Penalties for Hiring Unauthorized Workers

The U.S. Department of Justice is increasing civil monetary penalties substantially for employers who knowingly employ an unauthorized worker and for certain other immigration-related violations, according to an interim final rule the Department has published. The rule will take effect on August 1, 2016, and will apply to violations occurring after November 2, 2016. The … Continue Reading

Colorado Repeals State Employment Verification Requirement

Since January 1, 2007, Colorado employers have been required to verify the work authorization of all newly hired employees – in essence, comply with federal I-9 requirements. However, Colorado added requirements on top of the Form I-9: the completion and retention of a written or electronic version of an entirely separate affirmation form, and retention … Continue Reading

NLRB Requires Employer to Bargain with Union over Unilateral Use of Temp Agency Employees and E-Verify

An Administrative Law Judge of the National Labor Relations Board recently ruled that a meat processing company had violated provisions of the National Labor Relations Act when it utilized a temporary employment agency to fill vacant bargaining unit positions, and enrolled in the E-Verify program without first adequately notifying or bargaining with the local union. … Continue Reading

Internal I-9 Audits: Alternative Documentation

Periodic internal I-9 audits are considered an employer “best practice” by Immigration and Customs Enforcement (ICE). Before conducting an internal I-9 audit, however, employers need to understand how to address a range of issues likely to be identified. In a Technical Assistance Letter (dated October 23, 2015), the Office of Special Counsel for Immigration-Related Unfair … Continue Reading

Government to Delete E-Verify Records after 10 Years

Employers using E-Verify may mistakenly believe that once a record is created, it will be stored forever in the E-Verify system. Effective January 1, 2016, E-Verify transaction records more than 10 years old will automatically be deleted from the E-Verify system. That means that employers will no longer have access in E-Verify to cases created … Continue Reading

Texas Agencies Ordered to E-Verify (state contractors are off-the-hook)

Texas Governor Greg Abbott signed a bill (S.B. 374) into law June 10, 2015, that requires state agencies in Texas to use the E-Verify system to check that new employees are authorized to work in the U.S. E-Verify, managed by U.S. Citizenship and Immigration Services, compares information filled out by job applicants on an I-9 … Continue Reading

Worksite Implications of Department of Homeland Security Shutdown

With the upcoming potential lapse in funding of the Department of Homeland Security, employers may encounter worksite compliance issues because the E-Verify program may be unavailable at the end of the day on February 27th. Should this happen, employers will not be able to create E-Verify cases to determine the eligibility of their employees to … Continue Reading

Requiring Specific Documents with I-9 Can Bring Investigations, Fines

The Department of Justice is investigating and fining employers who require specific documentation from employees during the I-9 employment eligibility verification process.  DOJ’s Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) often relies on statistics showing a large proportion of employees presenting specific documentation during the I-9 process to determine whether to … Continue Reading

USCIS Solutions for E-Verify Errors

AUTHOR:  Davis C. Bae. E-Verify is a free online program for employers to verify Form I-9 data through government databases.  Tentative Nonconfirmations (TNCs) are messages issued by E-Verify when information from an employee’s Form I-9 does not match data from U.S. Department of Homeland Security (DHS) and Social Security Administration (SSA) records. E-Verify will alert … Continue Reading

Resolving E-Verify Tentative Non-Confirmations is Taking Longer, CATO Institute Reports

The CATO Institute, a public policy research organization, has released results from a series of Freedom-of-Information-Act (FOIA) responses from the Verification Division of US Citizenship and Immigration Services (USCIS) (the agency responsible for managing the E-Verify program) showing that as many as one-third of the TNC (tentative non-confirmation) responses from E-Verify could take at least … Continue Reading

E-Verify Experiences Temporary Tech Trouble

E-Verify had experienced a serious technical glitch on October 22, 2013, and the online system used to verify workers’ identity and employment authorization erroneously gave employers Tentative Nonconfirmations for all employees who provided U.S. Passports or U.S. Passport Cards. For some employers, that meant a nearly 40-percent TNC rate. U.S. Citizenship and Immigration Services has … Continue Reading

E-Verify is BACK! Tips for Compliance After the Two-Week Federal Government Shutdown

As furloughed workers returned to their government posts on October 17, following the end of the government shutdown, access to the Department of Homeland Security’s E-Verify database also resumed.  Although users were reporting slower-than-usual performance, all features and services are operational and available to registered users.  The E-Verify home page offers guidance for working through … Continue Reading

A fourth state signs on to the E-Verify “RIDE” program

AUTHOR:  Rebecca Massiatte. As of September 8, 2013, Iowa joins Mississippi, Florida and Idaho as participant states in the Records and Information from DMV’s for E-Verify (RIDE) program.    The RIDE program allows the federal government’s E-Verify system to verify information from employees who submit a state driver’s license or state identification document in the … Continue Reading

Why USCIS Will Be Contacting Your Employees

On July 1, 2013, USCIS announced its latest “customer service enhancement” to E-Verify.  If an employee voluntarily provides his or her email address on the Form I-9, E-Verify will notify the employee directly of a Tentative Non- Confirmation (TNC) at the same time it notifies the employer.  Given that E-Verify monitors how an employer complies … Continue Reading

Comprehensive Immigration Reform and E-Verify Compliance

AUTHOR: Melina V. Villalobos.   As we previously blogged about on April 17th, a comprehensive immigration reform bill has been introduced in the U.S. Senate, Border Security, Economic Opportunity, and Immigration Modernization Act of 2013.  While many critics have focused on the new pathways for legal migration to the U.S. contained in the 850-page bill, … Continue Reading

Mandatory E-Verify Bills Introduced

President Barack Obama has identified immigration reform as the number one item on his domestic policy agenda.  On February 5, the new Congress held its first hearing on overhauling immigration laws.  The administration and legislature seem primed for action. At the February 5th House Judiciary Committee hearing, the new House Judiciary Committee Chairman, Bob Goodlatte … Continue Reading