United States Citizenship and Immigration Services (USCIS) has instituted a revised Form I-9 that is mandatory for all employers, starting November 1, 2023.
USCIS announced the new version in August, in part to aid with the implementation of the new alternative I-9 remote document verification procedures. More information on the new remote document verification procedures is available here. Moving forward, use of the prior I-9 version, dated October 21, 2019, may subject an employer to penalties. Employers that utilize an electronic I-9 system should contact their provider to ...
Last month, DHS announced E-Verify employers would be eligible to utilize an alternative remote document verification procedure when completing Section 2 of Form I-9, starting August 1, 2023. Only a few days later, DHS published a Federal Register notice requesting comments on a pilot program that would allow employers not enrolled in E-Verify to utilize remote examination procedures as well.
The proposed new rule would largely track the new rule for E-Verify employers, details of which are available here: DHS Announces Remote I-9 Document Procedure for E-Verify Employers | Burr ...
DHS Announces Remote I-9 Document Procedure for E-Verify Employers
Beginning August 1, 2023, E-Verify employers will be eligible to utilize an alternative remote document verification procedure when completing Section 2 of Form I-9. The DHS announcement is welcome news for E-Verify employers, many of whom became accustomed to temporary remote document verification procedures during the COVID-19 pandemic. According to DHS, over 1 million employers covering more than 2.4 million hiring sites are currently enrolled in E-Verify. Thousands of additional employers may consider ...
U.S. Citizenship and Immigration Services (“USCIS”) announced a Temporary Final Rule that will increase the 180-day automatic extension period for some Employment Authorization Documents (“EADs”) to 540 days beyond the EAD’s expiration date. The rule, which was published as a response to massive USCIS delays in processing EAD renewal applications, became effective immediately on May 4, 2022, and will remain in effect until October 27, 2023.
In order to benefit from the new rule, an applicant must have timely filed an EAD renewal application and fall within an eligible ...
The Form I-94, Arrival/Departure Record is a document U.S. Customs and Border Protection (CBP) issues to all persons entering the United States except U.S. citizens, returning Legal Permanent Residents, and immigrant visa holders. It is important that nonimmigrants keep track of their I-94 record because it controls how long they can remain in the United States. For nonimmigrant workers, CBP officers typically issue an I-94 to match the period of immigration status approved by U.S. Citizenship and Immigration Services (USCIS). However, there are instances where an I-94 will be ...
On August 7, 2019, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) conducted a raid of seven Mississippi food processing plants, arresting 680 employees suspected of working without proper documentation. Since the Trump administration came into office, ICE has significantly stepped up worksite enforcement by ramping up the number of I-9 audits. In Fiscal Year 2018, HSI conducted 5,981 I-9 inspections, compared to 1,360 in Fiscal Year 2017.
Increase in Form I-9 Penalties – How Small Mistakes Can Cost You Big Money
A recent Department ...
The current government shutdown does not affect the vast majority of USCIS's activities. Their offices are open, and interviews and appointments are proceeding as normal. USCIS continues to accept petitions and applications for benefit requests with only a few exceptions. The USCIS programs that will face disruption until they receive appropriated funds or are reauthorized by Congress are the EB-5 Immigrant Investor Regional Center Program (not the EB-5 Program, it continues to operate), E-Verify, Conrad 30 Waiver Program for J-1 medical doctors (not a shutdown of the program ...
Recent ICE activity has demonstrated the importance of properly completing Form I-9 and the consequences that result from not doing so. One of the best ways for a company to feel confident upon receipt of an audit notice from DHS, DOL, or DOJ is to develop a habit of routine internal or self audits.
Follow these key guidelines to a successful audit outcome:
1) Review all I-9 forms or a representative sample selected on non-discriminatory grounds to determine I-9 opportunities and correction areas.
2) Communicate with employees regarding the audit to ensure a culture of open ...
Immigration and Customs Enforcement (ICE) is planning a nationwide increase of Form I-9 audits this summer, and employers should prepare for the increased possibility of a government audit.
ICE is the federal agency responsible for enforcing the laws established by the Immigration Reform and Control Act (IRCA) of 1986, which requires employers to verify the identity and work eligibility of all individuals hired after November 1986 using the I-9 Form. According to an ICE recent news release, less than seven months after U.S. ICE Deputy Director Thomas Homan issued a directive that ...
E-Verify undergoes an early 'spring cleaning' each year when USCIS disposes of E-Verify records more than 10 years old. E-Verify users who have been using the online employment verification system for 10 years or more should take action as soon as possible. USCIS has announced that employers have until February 28, 2018 to download a Historic Records Report in E-Verify which contains information such as company name and location, initiated date and verification case number, employee name and date of initial resolution, date of additional resolution and final status, and case ...
Most employers have now implemented the use of the highly publicized, newly revised Form I-9 which United States Citizenship and Immigration Services (USCIS) mandated as the only acceptable Form I-9 version (rev 11/14/16) effective January 22, 2017. Another change is around the corner, however, and USCIS released another Form I-9 version on July 17, 2017. The newest version of Form I-9 must be used beginning September 18, 2017.
Initially, some thought the changes to the most recent version would pertain to a new Department of Homeland Security rule proposed by the Obama ...
Corporate mergers and acquisitions are typically complex and expensive transactions. While financial matters typically comprise the core of an acquiring company's due diligence efforts during a merger or acquisition, immigration compliance should also receive increased attention before a transaction closes, particularly in light of recent enforcement efforts in the area of immigration compliance. Generally speaking, the entity surviving after a merger or acquisition remains liable for I-9 violations caused by the acquired entity. Having solid knowledge of and ...
For many, the summer is a time for relaxation. For HR professionals, it can be a time of flux. In an academic setting, for example, students and teachers who worked on campus during the fall and spring semesters may be leaving for the summer break. Alternatively, student workers and temporary faculty may come in to fill summer-only positions. Also, students taking a break from classes may be getting summer internships or off-campus jobs to earn extra money. As employers gear up for the summer, it is important to distinguish between a rehire and continuing employment for purposes of I-9 ...
One of the first things that may come to mind when thinking about the Trump Immigration Plan is the promise to build a Mexican-financed physical wall on the southern border of the United States. While the wall was certainly the President-elect's most publicized immigration stance during the campaign, he has proposed a number of other actions that could directly affect employers. Here is a quick synopsis of five (5) immigration policy changes which could significantly impact U.S. employers.
- Canceling the Deferred Action Executive Orders (DACA & DAPA)
In June 2012, President Obama ...
There have been significant updates to the I-9 Form that was proposed last year. This article summarizes the new updates to the I-9 Form, M-274 Handbook and ICE Audit Update.
New I-9 Form
On March 8, 2013, the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) published the long-awaited, revised Form I-9. USCIS initially proposed the new form in March 2012 and has spent the past several months reviewing thousands of comments about the proposed changes. The key changes on the new form include expanding the form from one to two pages; a slightly ...
There have been significant and recent developments in immigration law that will likely impact businesses in South Carolina and North Carolina in 2013. This article summarizes both federal and state immigration developments.
On the Horizon - Will There Be a New I-9 Form in 2013?
In March 2012, U.S. Citizenship and Immigration Services (USCIS) proposed a new I-9 form and invited public comments until Fall 2012. USCIS continues to review thousands of comments and will likely release final changes to Form I-9 in the coming months. The most significant proposed changes include ...