I-9

The Employment Eligibility Verification Form I-9 is a form issued by the U.S. Citizen and Immigration Services to verify the identity and employment eligibility of workers within the United States. U.S. Employers... more +
The Employment Eligibility Verification Form I-9 is a form issued by the U.S. Citizen and Immigration Services to verify the identity and employment eligibility of workers within the United States. U.S. Employers must require all employees, both citizens and non-citizens, to complete an I-9 and present supporting documentation, such as a passport or green card. less -
News & Analysis as of

Avoid Discrimination in the Form I-9 and E-Verify Processes: Updated OSC Flyer

The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), in the Civil Rights Division, is responsible for enforcing the anti-discrimination provisions of the Immigration...more

Two New TPS Extensions Announced - Time to Update Form I-9s for Registered Employees

Employers are reminded to "auto extend" the work authorization of eligible nationals by recording the necessary information on their Form I-9s. In the coming weeks, employment authorization documents (EAD)s for a number of...more

USCIS Announces Employment Authorization Eligibility For Certain H-4 Spouses

As part of President Obama’s executive action on immigration reform, the U.S. Citizenship and Immigration Services (USCIS) announced eligibility for select H-4 dependent spouses of H-1B visa holders to obtain employment...more

Minnesota Staffing Company Fined $227,000 For I-9 Violations

A Minnesota-based staffing firm was recently ordered to pay a $227,000 fine for violations of the Immigration and Nationality Act, including false attestations made on I-9 forms. ...more

Immigration Corner: Helpful Guidance in a Tricky I-9 Situation, and a "Known Employer" Program in Development

This month: Helpful guidance in a tricky I-9 situation, and a "Known Employer" program in development. I-9 Guidance and Handling Former Documents that are Not Genuine - On February 18, 2015, the United States...more

OCAHO Finds PEO Liable for Near Maximum I-9 Fines for False Employer Attestation Violations: Is Your Business Similarly Exposed?

On January 20, 2015, Judge Ellen Thomas, a federal administrative law judge (ALJ) with the Office of the Chief Administrative Hearing Officer (OCAHO), a division of the Executive Office of Immigration Review within the U.S....more

What Happens When An Employee Admits I-9 Documents Were Fraudulent

On January 8, 2015, the U.S. Department of Justice (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) in response to an employer’s request for...more

Do I Need a Lawyer to Assist My Company with an I-9 Audit by ICE?

A couple of recent decisions by the Office of the Chief Administrative Hearings Officer (OCAHO) demonstrate the importance of timely retaining experienced counsel to represent you and assist you with government I-9 audits....more

Employers: Start the New Year Off on the Right Foot with respect to Immigration Policies

Now is a good time for employers to take a look at their immigration policies to make sure that they are starting 2015 off on the right foot. For instance, employers should...more

Knowingly Employing Unauthorized Workers – Can You Give Employees a Second Chance to Provide Valid I-9 Documentation?

Knowingly employing an unauthorized worker is prohibited by federal law. As a result, I-9 audits are a necessary part of doing business, as the penalties for noncompliance are too severe to ignore this fact....more

DACA and DAPA and Form I-9, Oh My! Does Prior Document Fraud Require Termination?

President Obama’s recent decision to take executive action on immigration may cause confusion for some employers with regard to Form I-9 compliance. The action includes two initiatives that potentially impact Form I-9...more

Five Things Employers Should Consider When Conducting an I-9 Self-Audit

The year 2009 marked a dramatic change in Immigration and Customs Enforcement’s (“ICE”) workforce enforcement strategy. Up until 2008, ICE focused its enforcement efforts almost exclusively on illegal workers. For instance,...more

Electronic I-9 Compliance Systems: Choosing the Right Fit

A growing trend in I-9 compliance is the use of electronic software to manage I-9 and E-Verify compliance responsibilities. This shift towards electronic solutions brings along some significant challenges due to the rigorous...more

2014/2015 Labor and Employment Observer

In This Issue: - Message from the Chair - On the Horizon: Is Obama Remaking the Workplace While Leaving Congress Behind? - The 2014 Supreme Court Decisions Every Employer Should Know - What to Expect from the...more

Form I-9 Verification Process Update

The following important highlights resulted from the November meeting between the American Immigration Lawyers Association’s Verification and Documentation Liaison Committee, USCIS’s Verification Division, and ICE’s Homeland...more

I-9 Verification Updates from AILA-DHS Liaison Meeting

On November 6, 2014, the American Immigration Lawyers Association (AILA) Verification and Documentation Liaison Committee met with USCIS Verification Division and ICE Homeland Security Investigations (HSI) in Washington, D.C....more

Undocumented Worker Can Cause Health Plan Problems

Employers know that since the 1980s they have been required to check the lawful work status of employees that they hire through the I-9 process. Employers also know that Immigration and Customs Enforcement (ICE) can audit...more

How Will the White House Announcement on Immigration Affect Your Company?

Most companies will be impacted by the immigration initiatives announced by the White House this week. It will take up to several months for the initiatives to be implemented in order to give the U.S. Department of Homeland...more

What the President's Executive Action on Immigration Means to Your Business and Employees

The President’s Immigration Accountability Executive Action holds the promise of major improvements to the ability of foreign national talent and their families to enter, work, and remain in this country while going through...more

President Obama Announces Executive Actions on Immigration

Last night, President Obama announced broad executive changes to the U.S. immigration system to defer deportation for certain undocumented immigrants, to provide additional resources for border security, and to expand work...more

What President Obama's Immigration Directives Mean For Businesses

Earlier this evening, President Obama announced executive action that would significantly impact employment and investment-based immigration. To implement these directives, the White House released its plan on immigration...more

Guidance for Employers Once Obama Issues Executive Order on Immigration

President Obama plans to announce an executive order regarding immigration reform tonight and sign the order in Las Vegas on Friday. The order is expected to protect approximately 5 million unauthorized immigrants from the...more

OIG 2015 Plan Focuses on ICE’s Business Selection Process for I-9 Investigation

As part of its 2015 fiscal year Annual Performance Plan published on October 1, 2014, the Department of Homeland Security’s (DHS) Office of Inspector General (OIG) will review the approach of Immigration and Customs...more

CAHO Upholds Fine of $329,895 for 300 I-9 Forms

If you have already undergone one I-9 audit by ICE, you may think your business is now safe and off of the government’s radar. You would be wrong. As reaffirmed in a recent decision by the Office of the Chief Administrative...more

BIA Holds Form I-9 Is Admissible in Immigration Proceedings

The Form I-9 is used by employers to verify a new hire’s identity and to establish that the worker is authorized to accept employment in the United States. The Form I-9 contains a section in which the employee must attest to...more

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