Federal Employment Law Articles

Immigration - Employment Eligibility

Articles Discussing Employment Eligibility For Non-Citizens.

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What the Rise in Worksite Raids and I-9 Audits Means for the Construction Industry

Jackson Lewis P.C.·

Immigration and Customs Enforcement (ICE) audits and worksite raids are surging across the country, and the construction industry is often the target.

USCIS Releases Improvements to E-Verify System

Jackson Lewis P.C.·

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.

RECENT LEGISLATION WILL AFFECT 401(K) HARDSHIP DISTRIBUTIONS

Jackson Lewis P.C.·

Just a few weeks ago, the federal government avoided a potentially lengthy government shutdown when Congress passed and the President signed into law the Bipartisan Budget Act of 2018 (the “Act”). You may already know that the Act extends funding for the federal government until March 23, 2018. Howe

Do Not Respond to Emails Requesting I-9 Information

Jackson Lewis P.C.·

The USCIS has issued the following notice regarding scam emails requesting I-9 information

Mandatory E-Verify under Consideration in Congress

Jackson Lewis P.C.·

Every employer in the United States would be required to use E-Verify to determine whether employees are authorized to work if “The Legal Workforce Act of 2017” (LWA) is passed.

Employers Must Use New I-9 Form Beginning September 18, 2017

FordHarrison·

Starting September 18, 2017, employers must use the revised Form I-9 with the revision date “7/17/17” to verify the identity and work eligibility of every new hire.

Insights: The Recent Rescission of DACA Is Not an I-9 Re-Verification Event

Jackson Lewis P.C.·

The California Labor and Workforce Development Agency announced the rescission of DACA did not require employers to re-verify work authorization documents for DACA employees, stating: “[a]ny action or attempt by employers to re-investigate or re-verify work authorization documents in order to retali

Mandatory Use of New Form I-9 to Begin Soon

Littler·

As a reminder, on July 17, 2017, the United States Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9, Employment Eligibility Verification, which employers must begin using no later than September 18, 2017. Many of the changes are subtle, focusing on revising the

HR Reminder: On Sept. 18, Start using New Form I-9

Maynard Nexsen·

The U.S. Citizenship and Immigration Services (USCIS) recently released a new version of Form I-9, which must be used on and after Sept. 18, 2017. This new form has a revision date of July 17, 2017, and is the current (and only) version that is available on the agency’s website.

New I-9 Form and DOL Request for Comments on Federal Overtime Exemption Rules

CDF Labor Law LLP·

The United States Citizen and Immigration Services (“USCIS”) has issued a new Form I-9. The only significant change is to add a new List C document, a Consular Report of Birth for a U.S. citizen board abroad. Employers must begin using the new form by September 18, 2017.

USCIS Releases New Form I-9 and New Handbook for Employers

Jackson Lewis P.C.·

On July 17, 2017, the USCIS announced the release of a revised version of Form I-9, Employment Eligibility Verification.

USCIS May Request I-9

Jackson Lewis P.C.·

The USCIS is requesting some applicants for Adjustment of Status to submit copies of the I-9 Employment Eligibility Verification forms that they (and their employers) completed for current or former employment. These requests are coming as RFEs or from local USCIS field officers.

Spending Bill Would Fund Government E-Verify, Certain Visa Programs through End of Fiscal Year

Jackson Lewis P.C.·

Back in December, President Barack Obama signed a stop-gap spending bill to keep the government running through April 28, 2017. Immigration programs that were extended at that time included the Conrad 30 Waiver, the Non-Minister Religious Worker Visa, the EB-5 Regional Center, and E-Verify.

Reminder: Glitch in Form I-9 in November 2016

Jackson Lewis P.C.·

USCIS is reminding employers that if they are continuing to use a Form I-9 (“Smart Form”) that was downloaded between November 14 (when the form first became available) and November 17, 2016, they should download, save, and start using a new Form I-9, available at uscis.gov/i-9 .

E-Verify Records Will Soon Be Purged

Littler·

This is a reminder that, as of March 31, 2017, employers will not have access to E-Verify records that were created on or before Dec. 31, 2006.

Dear Littler: Does an Employer Have to Report Discrepancies Identified in Old I-9 Forms?

Littler·

Dear Littler: A former employee recently reapplied for an open position at our company. In reviewing the new-hire paperwork, we noticed that her social security number did not match the one we had on file previously. Her new information checks out fine, but we are wondering if we have any reporting

New I-9 Handbook for Employers

Jackson Lewis P.C.·

USCIS’s new M-274 “Handbook for Employers with Guidance for Completing Form I-9” is now available. In addition to detailed I-9 completion instructions, the Handbook contains guidance on Photocopying and Retention, Unlawful Discrimination and Penalties, E-Verify. It also contains FAQs as well as imag

USCIS Issues Fact Sheet and Guidance on Automatic Extensions of EAD and I-9 Compliance

Jackson Lewis P.C.·

Among the last rules issued during the Obama Administration, Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers went into effect on January 17, 2017. One of its provisions allows for automatic extensions of the validity periods of

Time to Start Using New Form I-9

Jones Walker LLP·

Now that you’ve mastered the I-9 form, it’s time to learn how to use the new one. On November 14, 2016, USCIS released a new Form I-9 (copy attached). Employers are permitted to use the previous version of the form only until the end of this week. By January 22, 2017, this Sunday, you must use the n

Employers Must Use the New Form I-9 Starting January 22, 2017

Littler·

The U.S. Citizenship and Immigration Services (USCIS) rolled out a new Form I-9 in November 2016. Starting January 22, 2017, all employers must use the new Form I-9, which is dated November 14, 2016 (the edition date is on the bottom of the Form I-9). Employers that do not use the new Form I-9 start