Hiring & Firing I-9

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
News & Analysis as of

I-9 and E-Verify: Knowing the Difference Makes a Big Difference for Employers

At a recent presentation on Form I-9 compliance a participant asked: “Isn’t E-Verify just an electronic replacement for the I-9 form?” This a great question and I am glad someone asked it because knowing the answer is...more

Immigration Alert: September 2014

Sixth Circuit Expands the Liability of Health Care Employers for Sponsorship Costs - On August 20, 2014, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kutty v. U.S. Department of Labor, No....more

Avoiding Fines by Starting the I-9 Process Early. Just Not Too Early…

As we have noted in prior posts, Immigration and Customs Enforcement (“ICE”) has been aggressively pursuing I-9 inspections and imposing record fines (about $12.5 million per year) as part of its multi-year strategic plan....more

The U.S. Department Of Justice Confirms That Participation In E-Verify Does Not Provide Blanket Protection to Employers

In U.S. v. Golf International, an employer contended that E-Verify participation should entitle it to a presumption that it did not violate immigration laws after being issued an initial fine of $136,697 for failing to...more

USCIS Provides Guidance on I-9 Completion for Remote Hires

By Nelsy C. Gomez – With the existing stringent rules regarding the proper and timely completion of the I-9 form, many employers still find themselves wrestling with the issue of what to do with employees who are hired and...more

The Price of I-9 Noncompliance

The government continues its mission to hold employers accountable for I-9 noncompliance. As we recently reported, I-9 investigations are at an all-time high, with more than 3,000 audits taking place in 2012 compared to only...more

The Importance of Complying with E-Verify Requirements

Thousands of employers use E-Verify – a voluntary computer system provided to employers by the United States Citizenship and Immigration Service (USCIS) that allows employers to verify the employment eligibility of...more

The Boys of Summer: Interns, Seasonal Workers and More

Memorial Day weekend has passed, the Major League Baseball season is in full swing, and summer is upon us. With apologies to Roger Kahn, for us wage and hour practitioners, the “Boys of Summer”...more

Work and Travel Guidance for F-1 Students with Pending H-1B “Change of Status” Applications and “Cap-Gap” Employment Authorization

This advisory summarizes key travel and employment issues if you are an F-1 student with Optional Practical Training (OPT) employment eligibility and an H-1B filing on your behalf has been accepted by US Citizenship and...more

10 Practical Compliance Tips For Growing Companies

Florida companies need to be aware of the high risks and possible penalties, monetary and civil, of failing to comply with the federal laws that govern the documentation of newly-hired employees....more

Arizona Golf Club Liable for Paperwork Violations on Its I-9 Forms

As regularly reported in the news, the crackdown on employers by the federal government continues. If your company is targeted and I-9 violations are discovered, civil fines for simple paperwork violations – even if no...more

Benesch B-Cast 07: Immigration Deadlines and Demands Employers Need to Know [Video]

Benesch's Rick Hepp discusses Immigration Deadlines and Demands Employers Need to Know....more

U.S. Department of Justice Cautions Employers to Ensure that Electronic I-9 Systems Comply with I-9 Requirements

In a recent meeting between the U.S. Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) and the American Immigration Lawyers Association, the OSC cautioned that...more

E-Verify: Enrollment Up, But DHS Is on the Prowl for Misuse

The United States Department of Homeland Security (“DHS”) has been very successful in increasing the number of employers that participate in the E-Verify program. As of late January 2014, over 500,000 employers are enrolled...more

The Increasing Importance of Using E-Verify as Part of Your Employment Compliance Plan

On January 23, 2014, U.S. Citizenship and Immigration Services (USCIS) announced that more than 500,000 companies now use E-Verify. E-Verify is an internet-based system that allows employers to verify a new hire’s work...more

E-Verify Errors: The Pitfalls Employers Should Know About

Utah employers with 15 or more employees must register with and use a status verification system to verify work authorization of any new employee. Currently, the only system that verifies work authorization is E-Verify, which...more

Computer Consulting and Outsourcing Firms Likely to be Targets of I-9 Audits

In light of the recent $34 million settlement between Infosys Limited, an international business and computer consulting company, and U.S. Immigration and Customs Enforcement (ICE) for I-9 and other immigration violations,...more

Get Your Form I-9 House In Order And Consider Using E-Verify in 2014

The U.S. Immigration and Customs Enforcement (ICE) has recently enhanced its worksite enforcement activities, under a directive from former Homeland Security Secretary Janet Napolitano to shift enforcement to employers to...more

Update! I-9 Forms and Immigration

Earlier this year, the U.S. Citizenship and Immigration Services (“USCIS”) issued a newly revised Form I-9 for use by employers. The Form I-9 is used to verify the identity and employment authorization of individuals who are...more

Help! How Do I Complete the Form I-9 for a Remote Hire?

While making a presentation to clients yesterday, I was reminded of the practical and logistical problems many employers face when trying to complete the I-9 process for remote employees. One of my presentation hypotheticals...more

Employment Law Advisory for September 4, 2013: The Employee's Social Security Number Doesn't Match: Now What?

As a result of receiving a so-called “no match letter” from the Social Security Administration, or through other means, employers occasionally learn that the Social Security number stated by an employee during the hiring...more

Department Of Justice And NLRB Agree To Begin Referring Employee Claims To One Another

In July 2013, the U.S. Department of Justice announced that the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) signed a Memorandum of Understanding (MOU) with the National Labor Relations...more

I-94 Automation and the I-9 Process: Making the Form I-9 More Complicated

This spring U.S. Customs and Border Protection (CBP) began implementation of a phased in Form I-94, Arrival/Departure Record, automation process. The Form I-94 is issued to all visitors entering the U.S. and assists CBP in...more

More USCIS Form Revisions

Following the recent revision of Form I-9, the U.S. Citizenship and Immigration Services (USCIS) has updated many additional forms. Form revision is a common occurrence, and many times previous versions continue to be...more

The Deceptively Simple Form I-9

In March 2013, after receiving thousands of comments, the U.S. Citizenship and Immigration Services (USCIS) issued an updated Form I-9. The goal was to simplify the Form, reformat it, and clarify the instructions to reduce...more

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