Federal Employment Law Articles

Immigration - Employment Eligibility

Articles Discussing Employment Eligibility For Non-Citizens.

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What Has Been Happening at OCAHO in 2023-2024?

Littler·

The Office of the Chief Administrative Hearing Officer (OCAHO) has issued four decisions since February 2023 addressing the amount penalties imposed on employers for Form I-9 violations. On average, OCAHO reduced such penalties by 24.36%

DHS: Automatic Extension of Work Authorization for Certain Renewal Applicants

Jackson Lewis P.C.·

Good news for those applying for or with pending Employment Authorization Document (EAD) renewals. DHS is temporarily reinstituting its 540-day automatic extension of work authorization for eligible individuals. Although DHS has streamlined its EAD process and extended EAD validity periods for certa

Webinar: Best Practices for Form I-9 Compliance

Shaw Law Group, PC·

All employers must properly and timely complete a Form I-9 for every new employee hired in the United States. But, that’s not as easy as it sound! And employers can make costly mistakes without realizing it. To avoid liability, employees who process Form I-9s should be trained on what to do, and how

Justice Department Issues Employer Fact Sheet on Discrimination and Form I-9 Software Programs

Jackson Lewis P.C.·

The Department of Justice (DOJ) has issued a new Employer Fact Sheet alerting employers about avoiding unlawful discrimination and other Form I-9 violations when using commercial or proprietary programs to electronically complete I-9s and participate in E-Verify. It is a comprehensive, though not ex

The Scoop About Form I-9s

Shaw Law Group, PC·

In this episode, Jen explains why Form I-9s create such consternation for HR folks.

Form I-9 Software: Avoiding Unlawful Discrimination When Selecting and Using I-9 and E-Verify Software Systems

Ogletree Deakins·

A recent employer fact sheet from the U.S. Department of Justice (DOJ) and U.S. Department of Homeland Security (DHS) provides guidance for avoiding unlawful discrimination and other violations when using private software products to complete Forms I-9 and E-Verify cases.

New Form I-9 Required as of November 1, 2023

Littler·

The new Form I-9, Employment Eligibility Verification, which was released on August 1, 2023, must be used for all new hires, effective November 1, 2023. The grace period—during which an employer could use the new Form I-9 or the Form I-9 (10/21/2019 version)—ends October 31, 2023. The highlights of

Changes in the New Form I-9, Employment Eligibility Verification

Littler·

On August 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9, Employment Eligibility Verification, which may be used now but must be used for all new hires and rehires starting November 1, 2023. The new form is a major change from

How New I-9 Rule and Alternative Inspection Procedure Can Help Manufacturers

Jackson Lewis P.C.·

Proper completion of the Employment Eligibility Verification Form I-9 is one of the most important responsibilities of employers, including manufacturers, at the beginning of the hiring process. Saying it learned from the COVID-19 pandemic, the Department of Homeland Security has published a final r

Virtual Inspection of Form I-9 Original Documentation Permanent Option for Qualified Retailers

Jackson Lewis P.C.·

Proper completion of the Employment Eligibility Verification Form I-9 is one of the most important responsibilities of employers, including retailers, at the beginning of the hiring process.

New Form I-9 Requirements and Optional Remote Document Verification Process

Shaw Law Group, PC·

In this episode, Jen and Megan Donaghey, Shaw Law Group’s Form I-9 guru, discuss the new Form I-9 and processes, and the now permanent remote document verification process available to qualified employers.

DHS Announces Permanent Remote I-9 Document Verification for E-Verify Employers

CDF Labor Law LLP·

By: DHS Announces Permanent Remote I-9 Document Verification for E-Verify Employers On July 24, 2023, the Department of Homeland Security (DHS) published a final rule in the Federal Register that allows E-Verify employers to remotely verify the I-9 documents of newly hired employees after July 31, 2

USCIS Announces Alternative Procedure for Completion of Form I-9 – Permanent Virtual Verification

Littler·

In an ever-evolving digital landscape, the United States Citizenship and Immigration Services (USCIS) has given employers a new option for verifying employment eligibility.

Changes to the Form I-9 (and Some Other Things!)

Shaw Law Group, PC·

It’s rare that the Form I-9 makes headlines, but tomorrow will be one of those rare occasions! On June 21, 2023, the Department of Homeland Security (“DHS”) announced that on July 25, 2023, it will issue its final rule on its “Optional Alternatives to the Physical Document Examination Associated wit

DHS Makes Qualified Employers’ Virtual Inspection of Form I-9 Original Documentation Permanent Option

Jackson Lewis P.C.·

On July 21, 2023, the Department of Homeland Security (DHS) announced a final rule , which will be officially published on July 25, 2023, that will provide eligible employers filling out the Employment Eligibility Verification Form I-9 an optional alternative to the in-person physical document exami

DHS Announces the Release of a New Form I-9 and a Remote Verification Option for Certain Employers

Ogletree Deakins·

On July 21, 2023, U.S. Citizenship and Immigration Services announced that it would publish a revised Form I-9, Employment Eligibility Verification. In addition, the U.S. Department of Homeland Security announced a final rule establishing an optional remote procedure for employers meeting certain re

Remote I-9 Verification Ending Soon

Jones Walker LLP·

During the pandemic, employers that hired employees who worked exclusively in remote settings due to COVID-19 precautions were temporarily exempt from the in-person inspection requirements for documents presented in connection with Form I-9. Under these circumstances, it was permissible for employer

Employers Have 30 Days to Reach Compliance after I-9 COVID Flexibilities End on July 31, 2023

Littler·

On May 4, 2023, the Department of Homeland Security (DHS) and Immigration Customs and Enforcement (ICE) announced that employers have 30 days to reach I-9 compliance after COVID-19 flexibilities end on July 31, 2023. Under this announcement, all employees onboarded using remote verification must hav

Employer Remote Verification of I-9 Documents Sunsets on July 31, 2023

CDF Labor Law LLP·

By: Employer Remote Verification of I-9 Documents Sunsets on July 31, 2023 On May 5, 2023, Immigration and Customs Enforcement announced the sunset of the pandemic provision allowing employers to review I-9 employment verification documents remotely. On July 31, 2023, employers must return to the pr