Immigration - Employment Eligibility

U.S. immigration policy and the Biden administration’s response to the ongoing migration crisis have been hot topics in the news. We break down potential considerations for employers as the pandemic-era immigration policy ends and border crossings from individuals without documentation in search of

U.S. Immigration and Customs Enforcement (ICE) has announced that the temporary COVID-19 accommodations for Form I-9, Employment Eligibility Verification, will expire on July 31, 2023.

The Office of the Chief Administrative Hearing Officer (OCAHO) has issued eight decisions over the past year addressing Form I-9 penalties. On average, the OCAHO has reduced an employer’s assessed penalty by 34.16%.

Updating our list from last year , E-Verify is an electronic employment verification program through which employers may verify the eligibility of their employees to work in the United States.

This week, US Citizenship & Immigration Services (USCIS) announced a policy change that allows employers to accept a receipt notice for a naturalization application along with an expired Permanent Resident Card (a/k/a Green Card) as evidence of employment authorization and identity. According to USC

Dear Littler : We are a multi-state manufacturing company with facilities throughout the United States. Like many companies, we have experienced a great deal of employee turnover in the last few years. Many of our employees are immigrants. As we are advertising for and hiring new employees, can we r

The U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), recently extended until July 31, 2023, the temporary policy allowing remote verification of Form I-9 documents for employees working exclusively in remote settings due to COVID-19–related precautions.

In 1986, the Immigration and Nationality Act (“INA”) was amended to require all employers to verify the employment eligibility of all newly hired workers. The regulations interpreting the INA require employers to physically inspect the documents employees present as evidence of employment authorizat

On October 12, 2022, the USCIS announced that employers should continue to use the current Form I-9 after its expiration date of October 31, 2022, until further notice. It is anticipated that the Department of Homeland Security will publish a new one-page Form I-9 in the coming months. Thus,

On October 11, 2022, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced a nine-month extension until July 31, 2023, of the policy allowing remote, virtual verification of the documentation required for a Form I-9 when a workforce is working remotel

The Department of Homeland Security (DHS) will continue Form I-9 flexibility for another nine months until July 31, 2023, according to an announcement . DHS guidance remains the same . Employees who, due to COVID-19 policies, do not report to a physical location on a regular, consistent, or predicta

Since March 2020, the USCIS has allowed virtual, remote I-9 verification where all employees are working remotely due to COVID, or when a new employee, post April 1, 2021, is working remotely due to COVID. Many employers as well as immigration attorneys have been clamoring for virtual, remote I-9

On August 18, 2022, the Department of Homeland Security (DHS) published a proposed rule in the Federal Register that would grant it broader authority to permit alternative document inspection procedures for I-9 document verification in lieu of the physical inspection requirement.

For more than two years, due to the COVID-19 pandemic, the Department of Homeland Security (DHS) has been allowing employers with remote workers to review Form I-9 Employment Verification Authorization documents virtually over video link or by fax or email. That flexibility is set to expire on Octob

The July 31, 2022 deadline is rapidly approaching for employers to update the Forms I-9 of employees who presented an expired List B document (establishing the individual’s identity) between May 1, 2020 and April 30, 2022. As you may remember, the Department of Homeland Security (DHS), through the U

Employers whose employees presented expired List B documents for Form I-9 Employment Eligibility Verification purposes between May 1, 2020, and April 30, 2022, must update Form I-9 with unexpired documents by July 31, 2022 . Since COVID-19 prevented various issuing authorities from renewing document

Employers that accepted expired Form I-9 employment eligibility verification documents under the U.S. Department of Homeland Security’s (DHS) policy of flexibility during the height of the COVID-19 pandemic must update their Forms I-9 by July 31, 2022, the department confirmed.

The Department of Homeland Security (DHS) is considering making a change which would permanently allow the flexibility it has extended over employers’ verification of employees’ identity and employment eligibility since March 2020. Historically, Form I-9 has required employers to physically inspect

The Immigration Reform and Control Act (IRCA) of 1986 requires all U.S. employers to complete a Form I-9 upon hiring a new employee to work in the United States. Civil and criminal fines and penalties may be imposed on a business for employing undocumented workers, and individuals responsible for IR

Normally, the U.S. Department of Homeland Security (DHS) regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the Employment Authorization Document (EAD) for applicants within certain employment-eligible categories who have a timely filed and pen