News & Analysis as of

I-9 Immigration and Customs Enforcement Agency

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 -

Avoiding An ICE Raid

by Fisher Phillips on

It has been fewer than 100 days since Donald J. Trump became the 45th President of the United States of America. In this short time, there has been a flurry of immigration-related activity, which has caused the national...more

Quick Guidance: What To Do In The Event of a Visit By The DHS-ICE Agents

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As the Department of Homeland Security, as well as the administration generally, signals increases in immigration enforcement activity, businesses are advised to implement clear protocols for the conduct of...more

California Bill Puts Employers Smack in the Middle of National Immigration Debate

by Fisher Phillips on

Since the election of President Trump, the California Legislature has been vocal and active in efforts to resist announced or anticipated actions of the Trump administration. This includes efforts to make California a...more

Construction One-Minute Read: Trump Administration Increases Resources to Crack Down on Employers for I-9 Compliance

As part of his first-week initiatives, President Trump turned his focus toward immigration. These initiatives included dramatically expanding the resources of the U.S. Department of Homeland Security’s Immigration and Customs...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

DHS Site Visits and Inspections — Be Prepared

by Mintz Levin on

From time to time, the Department of Homeland Security (DHS) conducts site visits at the offices of employers petitioning for temporary work visas on behalf of their employees. These visits are funded by the $500 “anti-fraud”...more

The I-9: How Much Trouble Can One Piece Of Paper Cause?

by Fisher Phillips on

No new hire has ever been accused of enjoying the time spent filling out the myriad forms they must execute at the outset of their employment. Likewise, it would be a curious manager who listed “helping new hires with...more

Executive Orders on Immigration: How Employers Can Prepare for Increased Enforcement Actions

Recent press reports describe worksite raids and other types of enforcement action by U.S. immigration authorities, illustrating the new immigration reality introduced by the Trump Administration. Employers have taken notice...more

Increased Enforcement Highlights The Need For Employers To Have Immigration Compliance Programs

by Butler Snow LLP on

This past weekend the United States Immigration and Customs Enforcement (ICE) launched raids in Los Angeles, Atlanta, Chicago, New York, North Carolina, and South Carolina arresting hundreds of undocumented immigrants. While...more

Compliance News Flash - February 2017

by Arnall Golden Gregory LLP on

This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. 1. The President’s Executive Order (EO) on immigration remains on hold. A...more

Trump's Immigration Executive Order - Are We Back to Where We Started?

by Roetzel & Andress on

If you are confused about what is happening with President Donald Trump’s immigration Executive Order (Order), then you are not alone. PAST – What exactly is the Order? Trump signed the Order on January 27, 2017,...more

Guidance For Conducting an I-9 Self-Audit

by Shipman & Goodwin LLP on

The idea of an audit by U.S. Immigration and Customs Enforcement (“ICE”) is enough to send a chill down any organization’s spine. Audits of organizations’ Forms I-9 had been steadily increasing under the Obama administration,...more

Web Exclusive: When I-9s Lead To Oh-Nos: Failing To Complete Forms Within 3 Business Days Can Lead To Hefty Fines

by Fisher Phillips on

A recent federal court of appeals decision provides an important reminder for you to complete I-9 forms promptly and properly retain related records in the event of a government inspection. Failure to follow the lessons...more

New Version Of Form I-9, Employment Eligibility Verification, Required For Employers To Complete For All New Hires After January...

by Laner Muchin, Ltd. on

The U.S. Citizenship and Immigration Services (USCIS) recently published a new version of the Form I-9, Employment Eligibility Verification, which can be found here. Employers must start using this new version for all new...more

What Employers Can Expect from the New Administration – Part 2: Immigration, the Affordable Care Act & Social Issues

In our second in a three-part series on what to expect from the Trump administration, we discuss immigration policy and the Affordable Care Act (ACA), as well as what may be in store for parental leave, marriage equality and...more

Updated Form I-9 and USCIS fee increases

by White & Case LLP on

Background on Form I-9 - The Immigration Reform and Control Act (IRCA) of 1986 mandated all employers to verify the identity and employment authorization documents for all of their employees. Form I-9 is used for this...more

Immigration Law Update: The New Administration, DACA, Enforcement Priorities and Employment-Based Immigration

by Clark Hill PLC on

On January 20, 2017, President-elect Donald Trump will be inaugurated as the 45th president of the United States. Because immigration was a pivotal issue in his presidential campaign, many foreign nationals and employers are...more

New Form I-9 Published

by Fisher Phillips on

The U.S. Citizenship and Immigration Services (USCIS) released the new form I-9 dated November 14, 2016. Although you may accept the prior version of the Form I-9 for the next two months, you will be required to use this new...more

Fines Increasing: Fresh Incentive for Employer Immigration Law Compliance

The U.S. Department of Justice (DOJ) has issued an interim final rule that increases significantly the monetary fines assessed against employers for violations of federal immigration law. Under the Immigration Reform and...more

I-9 Checkup: Nine Best Practices for I-9 Compliance

In today’s complicated maze of compliance requirements, most employers are aware of the need to complete a Form I-9 for every new hire. However, some employers fail to recognize the significance of the I-9 form....more

September 2016 Special Immigration Alert

by Epstein Becker & Green on

I. DOS Announces 2018 Diversity Lottery - The U.S. Department of State (“DOS”) just released its instructions for the DV-2018 Diversity Visa (DV-2018) lottery. The registration period begins on Tuesday, October 4,...more

Immigration Law Violations Occurring After November 2, 2015 Carry Heavier Penalties

by Genova Burns LLC on

Effective August 1, 2016 the Department of Justice is assessing higher penalties for employers that violate immigration laws. These penalties cover violations that occurred after November 2, 2015. Specifically, the DOJ’s...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

DOJ Hikes Fines for Immigration Related Violations

Despite the numerous Immigration and Customs Enforcement (ICE) headlines, the last two years have brought a significant decrease in workplace audits: 3.127 audits in 2013 to 435 audits in 2015. Similarly, the fines during...more

Form 1095-C and I-9 Compliance: How to handle "mismatches"

by Davis Brown Law Firm on

Employers complying with the Affordable Care Act (“ACA”) by filing Form 1095-C increasingly face another question: Are they in compliance with their I-9 obligations? The Affordable Care Act (ACA) requires employers with...more

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