Immigration - Employment Eligibility

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 C

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

The United States Citizenship and Immigration Services (USCIS) has announced approval from the Office of Management and Budget (OMB) for a proposed new Form I-9. USCIS must publish a revised form no later than November 22, 2016. This new form will be effective as of January 22, 2017.

USCIS has announced that a new I-9 form has been approved, but has not yet been released. The Office of Management and Budget (OMB) has approved the new form and must publish it by November 22, 2016. Employers may continue to use the current version (Form I-9 with a revision date of 03/08/2013) unti

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 rep

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 comple

The U.S. Departments of Homeland Security (DHS), Labor (DOL) and Justice (DOJ) have increased the civil fines for employers that commit immigration-related offenses, such as unfair employment or discrimination practices, H-1B and H-2B program violations, and Form I-9 and E-VERIFY violations. The new

The Department of Homeland Security (DHS) takes the position that employers must physically review original documents in the actual presence of a new hire when completing the attestation in Section 2 of the Form I-9 (the attestation is a statement from the employer indicating the employer reviewed t

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,

United States Citizenship and Immigration Services (USCIS) is in the process of reviewing public comments and considering revisions to its recently proposed changes to the E-Verify program.1 USCIS’ Supporting Statement provides that the proposed changes are aimed at assisting employers with preventi

The current Form I-9 Employment Eligibility Verification is set to expire on March 31, 2016. On the eve of the form’s expiration, USCIS has announced that employers must continue to use the current version until the proposed I-9 is in effect.

The Immigration and Reform Control Act (IRCA) requires all employers to complete a Form I-9 for all employees hired after November 6, 1986. The law prohibits an employer from knowingly hiring or continuing to employ an unauthorized alien. The severity of the consequences awaiting employers who viola

In 2010, Abundant Life Evangelical Community filed a PERM labor certification application with the US Department of Labor on behalf of an individual to work as an administrative assistant. PERM is the process most employers use to seek permanent residency or a green card for an employee. PERM involv

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.

For its proposed 13th iteration, the I-9 form is getting “smart” new features.

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 lo

President Barack Obama’s executive order expanding Deferred Action for Childhood Arrivals (DACA) eligibility and work authorization met a another roadblock when a federal District Court threatened to sanction the Secretary of Homeland Security and senior DHS officials for issuing three-year Employme

Executive Summary: On July 8, 2015, an administrative law judge (ALJ) ordered Hartmann Studios to pay a fine of over $600,000 for more than 800 I-9 paperwork violations, the largest fine awarded by an ALJ for paperwork violations to date. In United States v. Hartmann Studios, Inc. (OCAHO Case No. 14

An Administrative Law Judge with the Office of the Chief Administrative Hearing Officer (OCAHO) recently entered an order against a Minnesota-based professional employer organization (PEO) for failing to comply with the Form I-9 attestation requirement. The order assessed nearly $230,000 in civil pe

The U.S. Citizenship and Immigration Services (USCIS) has announced the expansion of “myE-Verify” to 16 states: California, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New York, Ohio, South Carolina, Texas, Utah, and Washington.