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

60 Day Comment Period on Proposed Changes to Form I-9 Ended on January 25, 2016

On November 24, 2015, the U.S. Citizenship and Immigration Services (USCIS) published a 60 day notice of proposed changes to the Form I-9 in the Federal Register. The 60 day public comment period ended on January 25, 2016....more

To Audit, or Not to Audit: That is the I-9 Question

For some time, employers have been confused about how to handle situations relating to potential undocumented workers in their workforces. On December 14, 2015, to address some of this confusion, the U.S. Department of...more

DOJ Warns That Employers Using Labor Contractors That Violate Anti-Discrimination Laws May be Held Liable

The Department of Justice's Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently issued an opinion letter clarifying that employers that carry out discriminatory employment practices,...more

January 2016 Immigration Alert

I. U.S. Supreme Court to Rule on Obama Immigration Plan - On January 19, 2016, the U.S. Supreme Court agreed to hear the Obama administration’s appeal from the Fifth Circuit decision that enjoined implementation of its...more

How to self-audit your I-9 forms

U.S. Immigration and Customs Enforcement (ICE) intends to increase its investigation efforts during 2016 to ensure employers have met their obligations to properly verify the identity and employment authorization of its...more

Supreme Court Agrees to Review Major Immigration Case Just as the Presidential Election Heats Up

Immigration is already a major issue in this year’s presidential race, as candidates from both parties try to score political points out of the presence of roughly eleven million undocumented immigrants in the country and the...more

DOL Proposes New Rule for Certain Immigrant and Nonimmigrant Programs Affecting Employment

The Department of Homeland Security (DHS) recently issued a proposed rule to amend employment-based immigrant and nonimmigrant visa programs. The new rule is intended to benefit both U.S. employers and foreign national...more

What Does California’s New E-Verify Law Mean For Employers?

Our blog post on January 5, 2016 summarized California’s new E-Verify law and other updates. So what should California employers do differently now with respect to I-9s and E-Verify? Enrollment in E-Verify remains voluntary...more

The Chill of ICE: Crackdown on Undocumented Workers Can Cost You

Recently, an agricultural company faced more than $100,000 in fines after U.S. Immigration and Customs Enforcement (ICE) auditors identified more than 100 substantive violations – each carrying a $1,100 maximum penalty....more

High Fines Continue to Provide “Additional Motivation” for I-9 Compliance

Although Immigration and Customs Enforcement (ICE) has recently eased off of its record pace for commencing new I-9 inspections, employers can take no comfort. ICE continues to use these inspections as a key enforcement tool...more

Don’t Forget to Cross Your “Ts” and Dot Your “I-9s” When Hiring Employees

You just need to look around you to know that construction is once again booming. According to the U.S. Bureau of Labor Statistics the construction industry added 259,000 jobs nationwide from January through November 2015....more

Guidance on Internal I-9 Audits

Because a government inspection can occur with only three days written notice, some employers choose to initiate internal audits of their company’s Forms I-9, utilizing their own personnel or attorneys with immigration or...more

Workplace Enforcement Update: New Self-Audit Guidance and a New I-9 form on its Way

This Workplace Enforcement Update covers two significant developments, namely new I-9 self-audit guidance published jointly by the Department of Homeland Security (“DHS”) and Department of Justice (“DOJ”) and the status of a...more

Immigration Corner: December 2015

Where is the Foreign Affairs Manual? As of November 19, 2015, the Foreign Affairs Manual (FAM) Chapter 9 “9 FAM” has been revised, rewritten, renumbered and relocated to 9 FAM-e on the Department of State website. This...more

Conducting Internal I-9 Audits – ICE and DOJ-OSC Provide Joint Guidance

A company’s I-9 file, which often goes unnoticed by all but a few HR professionals, can carry significant risk. Form I-9 files often serve as landmines for fines, penalties, and sanctions. Companies can mitigate these risks...more

DOJ and ICE Publish Joint Guidance on Internal I-9 Audits

On December 14, 2015, U.S. Immigration and Customs Enforcement (ICE) and the U.S. Department of Justice (DOJ) Civil Rights Division issued joint guidance for employers conducting internal Form I-9 Audits. The two agencies...more

Government Offers Guidance for Employers Conducting Internal I-9 Audits

The U.S. Immigration and Customs Enforcement (ICE) Office of Special Counsel for Immigration-Related Unfair Employment Practices recently issued guidance to help employers conduct internal I-9 audits in compliance with the...more

Final Reminder: Employers Using E-Verify: Get Ready to Download Your “Historic Records Report” by Year-End

U.S. employers enrolled in E-Verify -- the electronic system of employment eligibility verification -- should prepare to download and preserve all E-Verify data submitted to U.S. Citizenship and Immigration Services (USCIS)...more

Employers Act Now – Save your E-Verify Records

It’s that time of the year when employers using the E-Verify program need to act to save their historic records. Yawn…historic records? To comply with the National Archives and Records Administration’s retention and disposal...more

Corporate Acquisitions and Employment Verification Issues

Under the Immigration Reform and Control Act of 1986 (IRCA), all employers are required to complete an Employment Eligibility Verification Form I-9 on the first day of employment for all hired employees. While most employers...more

USCIS proposes new changes to Form I-9

U.S. Citizenship and Immigration Services (USCIS) is at it again. On November 24, 2015, USCIS published a notice in the Federal Register of proposed changes to the Form I-9. The publication of the notice initiated a 60 day...more

Proposed Changes to Form I-9 Create New Compliance Questions

Employers take note: a new Form I-9 is in the making. U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security, announced on November 24, 2015, that it is seeking public comment on the...more

USCIS Unveils Proposed Changes to Form I-9

On November 24, 2015, U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register to inform the public of proposed changes to Form I-9, Employment Eligibility Verification. Many of the...more

Purging of E-Verify Records Older Than Ten Years Every Year In January Necessitates The Use Of The Historic Records Report in...

In accordance with the National Archives and Records Administration (NARA) records retention and disposal schedule, U.S. Citizenship and Immigration Services (USCIS) disposes of E-Verify records that are over 10 years old...more

Important Updates for E-Verify Employers

Effective January 1, 2016, E-Verify employers in California face new penalties for misuse of E-Verify. Other updates to E-Verify include a data purge on January 1 as well as system enhancements to assist E-Verify...more

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