News & Analysis as of

I-9 Department of Homeland Security E-Verify

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 -

New Form I-9 Released: Ensure You Are In Compliance By September 18th

by Hinshaw & Culbertson LLP on

U.S. Citizenship and Immigration Services ("USCIS") published the newest version of the Form I-9 on July 17. The new Form I-9 replaces the version previously released on November 14, 2016. While the changes to the form are...more

Walking The E-Verify Tightrope: The Balance Between Compliance And Avoiding Discrimination Claims

by Fisher Phillips on

Here’s the skinny: the Trump administration wants to make E-Verify mandatory for all employers. The electronic database that immediately confirms an individual’s eligibility to work in the United States has been promoted as a...more

The Employment Verification Circus Continues

by Alston & Bird on

A circus act featuring a performer displaying her balancing ability is akin to the employment verification process where an employer must attempt to cope with several often-conflicting factors and activities. In this delicate...more

Potential Government Shutdown: Immigration Consequences for Employers and their Foreign National Employees

by Seyfarth Shaw LLP on

Seyfarth Synopsis: If Congress fails to pass a funding bill by midnight on Friday, April 28, resulting in a federal government shutdown, it would trigger numerous immigration-related ripple effects on employers, both large...more

North Carolina: The E-Verify Times, They Are A-Changin’

by Nexsen Pruet, PLLC on

The employment legal landscape certainly is changing, and this change is particularly visible at the federal level. But while you await the Affordable Care Act’s fate with bated breath, don’t forget that your state...more

President’s FY 2018 Budget Plan Requests $15 Million to Support Future Implementation of Mandatory Nationwide Use of E-Verify

by Fisher Phillips on

On March 17, 2017, the Office of Management and Budget (OMB) published the first installment of the Trump Administration’s FY 2018 Budget plan: “America First: A Budget Blueprint to Make America Great Again.” The Budget...more

OSC Stresses Need to Comply with Federal E-Verify Requirements Regardless of Potential State Conflicts

The U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) used a case involving the apparent conflict between federal E-Verify rules and a Missouri state law to...more

E-Verify Records Will Soon Be Purged

by Littler on

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. E-Verify is an internet-based system that compares information from the...more

ICE Could Come Knocking: Employers Should Be Prepared as Business Raids Increase

Employers– the chances that you could receive a visit from immigration officers have increased. Recently, U.S. Immigration and Customs Enforcement (ICE) agents conducted “raids” at eight Asian restaurants in Mississippi—in...more

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

by Littler on

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...more

Four Hot Labor and Employment Issues in Automotive in 2017 - Part 2

by Foley & Lardner LLP on

Friday we took a look at two important labor and employment questions for automotive employers and suggested next steps to consider during 2017. Today we’ll examine questions three and four....more

E-Verify for Federal Contractors

by Baker Donelson on

E-Verify is a voluntary program for most employers, but mandatory for some, such as employers with federal contracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause. Executive Order 12989 requires...more

Employment Law 2016 Review

by Barley Snyder on

Preparing for Medical Marijuana in Pennsylvania - Marijuana legalization reached Pennsylvania in 2016, bringing with it a host of new questions employers are going to have to answer. Signed into law on April 17, the...more

U.S. Immigration & The Trump Administration

by Moore & Van Allen PLLC on

With the announcement of President-elect Trump's plan for his first 100 days in office and his selection for Secretary of Department of Homeland Security, it appears the new administration will focus not only on illegal...more

DHS To Issue New I-9 Form After Recently Increasing Penalties For I-9 Violations

by Foley & Lardner LLP on

Just when employers were becoming more comfortable with the complex and lengthy Form I-9, Employment Eligibility Verification that was issued in 2013, the federal government has decided to turn up the heat. First, the...more

Fifth Circuit Overturns $226,000 Fine Imposed on a Staffing Company for Completing Section 2 of Form I-9 Remotely

by Littler on

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...more

Fines for I-9 and Other Immigration Violations Have Increased as of August 1, 2016

by Littler on

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...more

Increased Fines for I-9 and Other Immigration Violations Effective August 1, 2016

by Baker Donelson on

The U.S. Departments of Homeland Security (DHS), Justice (DOJ), and Labor (DOL) announced increased civil fines against employers who commit immigration-related offenses, such as Form I-9 and E-Verify violations, H-1B visa...more

Many Tennessee Employers Will Soon Be Required To Use E-Verify

by Fisher Phillips on

Tennessee’s state immigration law just received an important update by the state legislature and Governor, and many employers in the state will soon be impacted. Beginning January 1, 2017, all Tennessee businesses with 50 or...more

Buyer Beware: Noncompliant Electronic I-9 Software Risks Customer Company Fines

by McGuireWoods LLP on

Electronic I-9 software can be very attractive to companies looking for efficiency and ensuring compliance. Not to mention the elimination of file drawers that once housed these voluminous paper I-9 files. However, buyers...more

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

by Hirschfeld Kraemer LLP on

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

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

by Seyfarth Shaw LLP on

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

by Seyfarth Shaw LLP on

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

Proposed Expansion of E-Verify Services and Obligations Could Add New Burdens for Employers

U.S. Citizenship and Immigration Services (USCIS) recently announced its intention to expand not only its E-Verify communication services but also implement new obligations for employers that participate in the E-Verify...more

DHS Proposes Changes to E-Verify Program: I-9 Reverifications and FNC Formal Reviews

by Foley & Lardner LLP on

As employers continue to enroll in the E-Verify program at a high rate, the United States Department of Homeland Security (DHS) is considering various changes to this key program. Some of these changes place additional...more

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