News & Analysis as of

Immigration and Customs Enforcement (ICE) Foreign Workers

McGuireWoods LLP

DHS Publishes Inflation-Adjusted Fines for Employer Noncompliance With I-9 Rules

McGuireWoods LLP on

The Department of Homeland Security (DHS) published on June 28, 2024, increased civil monetary penalties for employer noncompliance with Form I-9 rules. Each year, penalties pursuant to the Immigration and Nationality Act of...more

Littler

What Has Been Happening at OCAHO in 2023-2024?

Littler on

From February 2023 to the present, the Office of the Chief Administrative Hearing Officer (OCAHO) issued four decisions concerning the amount of I-9 penalties.2 In all four cases, the employers underwent Immigration and...more

Littler

Current Issues in Immigration Compliance

Littler on

As we start the second quarter of 2024, there are a number of important developments in immigration compliance involving many of the applicable agencies. ...more

UB Greensfelder LLP

Looming U.S. Government Shutdown Directly Impacts Employers Hiring and Retaining Foreign Workers Through H-1B, H-2A/H-2B and/or...

UB Greensfelder LLP on

Following reports of competing bills in the House and Senate, the U.S. government is potentially headed for a shutdown, which would begin on October 1, 2023, the beginning of the 2024 fiscal year. This would directly affect...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

Seyfarth Synopsis: If Congress cannot resolve funding issues by 11:59 pm EST on September 30, 2023, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact...more

Jackson Lewis P.C.

What Happens to the Immigration Agencies When the Government Shuts Down? - September 2023

Jackson Lewis P.C. on

By September 30, 2023, Congress will again have to fund the government. Despite ongoing efforts by the administration and Congress, indications are that a shutdown may occur at the beginning of the fiscal year, on October 1....more

Kerr Russell

Immigration Insider | September 2023

Kerr Russell on

Revised Form I-9 and Verification Procedures- As a reminder, the revised I-9, Employment Eligibility Verification form must be used by all employers by November 1, 2023. In addition, new regulations provide a process for...more

Akerman LLP - HR Defense

Zooming In On The I-9: Five Things Employers Need To Know About Remote Immigration Verification

In July, the United States Department of Homeland Security (DHS) announced its long-awaited modernization of the I-9 Employment Eligibility Verification process. The new rule became effective August 1, 2023, and allows...more

Jackson Lewis P.C.

Virtual Inspection of Form I-9 Original Documentation Permanent Option for Qualified Retailers

Jackson Lewis P.C. on

Proper completion of the Employment Eligibility Verification Form I-9 is one of the most important responsibilities of employers, including retailers, at the beginning of the hiring process. Saying it learned from the...more

Hahn Loeser & Parks LLP

New I-9 Form Available: Remote Document Review Permitted for E-Verify Employers

On August 1, 2023, U.S. Citizenship and Immigration Services (USCIS) released a revised Employment Eligibility Verification form, commonly referred to as the I-9 form. To download a copy of the new I-9 form click here. While...more

Tarter Krinsky & Drogin LLP

New Form I-9 and Procedures for U.S. Employers: Does Your Business Qualify to Examine Documents Remotely?

Employers are required to use the Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification (Form I-9) to verify the identity and employment authorization for...more

Cozen O'Connor

Virtual Form I-9 Inspection Pilot Program for Non-E-Verify Employers

Cozen O'Connor on

On August 3, 2023, the Department of Homeland Security (DHS) proposed a new Pilot Program for virtual Form I-9, Employment Eligibility Verification inspections that would apply to employers not currently enrolled in E-Verify....more

Holland & Hart - Employers' Lawyers

Form I-9 Update & Remote Verification Procedure for E-Verify Employers

Employers will soon be required to use a new version of Form I-9 for Employment Eligibility Verification, according to a July 2023 announcement by the Department of Homeland Security (DHS). The introduction of the revised...more

Roetzel & Andress

In-Person Burden on Remote Workplaces: Physical I-9 Document Re-Inspections Required by August 30, 2023

Roetzel & Andress on

Since the late 1980s, U.S. employers have been required to verify employment eligibility of new hires by filling out Form I-9 within three business days of hire. Until March 2020, this process involved physical inspection of...more

Kramer Levin Naftalis & Frankel LLP

With Temporary I-9 Flexibilities Due to Sunset, Employers Must Complete Physical Inspection of I-9 Documents by Aug. 30, 2023

The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) recently reminded employers that they must complete the physical inspection of I-9 documents that were inspected remotely under...more

Dentons

ICE Sunsets Form I-9 COVID Flexibilities – Employers Required to Comply by August 30, 2023

Dentons on

All U.S. employers are required to complete Form I-9 for employees hired to work in the United States. This form serves to verify an employee’s identity and ability to work in the U.S. Within 72 hours of hire, an...more

Shumaker, Loop & Kendrick, LLP

Form I-9 Remote Inspection Flexibility Ending July 31, 2023

The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) has announced that the COVID-19 temporary flexibilities for Form I-9, Employment Eligibility Verification, will end on July 31,...more

Lowenstein Sandler LLP

In-Person Inspection of I-9 Documentation to Resume Following End of COVID-19 State of Emergency

For many years, employers have been required to review documentation of new hires in person to confirm they are legally authorized to work in the United States. During the COVID-19 pandemic, this requirement was put on hold,...more

Dickinson Wright

更新情報:Form I-9のリモートフレキシビリティ制度が2023年7月31日に終了/対面での審査を8月30日までに実施する必要-その理由は?

Dickinson Wright on

国土安全保障省(DHS)は、COVID-19により導入されたForm I-9 に関するリモートフレキシビリティ制度を2022年11月1日から2023年7月31日まで延長しました。その後の2023年5月5日、移民・関税執行局(ICE) は、リモートフレキシビリティ制度が終了した後は、30日以内にForm I-9の要件を満たす対応が求められることを発表しました。すなわち、2020年3月20日以降に採用され、かつForm...more

Husch Blackwell LLP

The End of COVID-19 Form I-9 Flexibilities for Employers

Husch Blackwell LLP on

On May 04, 2023, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced the COVID-19 flexibilities for physically inspecting Form I-9 documentation are expiring on July 31,...more

Littler

Employers Have 30 Days to Reach Compliance after I-9 COVID Flexibilities End on July 31, 2023

Littler on

On May 4, 2023, the Department of Homeland Security (DHS) and Immigration Customs and Enforcement (ICE) announced that employers have 30 days to reach I-9 compliance after COVID-19 flexibilities end on July 31, 2023. Under...more

Payne & Fears

Agency Updates Employers Need to Know

Payne & Fears on

Federal agencies have kept busy over the past month, with several releasing decisions or guidance directly related to the workplace. Employers should be aware of what these actions mean for the way they conduct their...more

Dickinson Wright

UPDATE: Form I-9 Remote Flexibility Ending July 31, 2023 / In-Person Inspection Required by August 30, 2023 – Why?

Dickinson Wright on

The Department of Homeland Security (DHS) extended the COVID-19 remote completion flexibilities for Form I-9 effective November 1, 2022, until July 31, 2023. On May 5, 2023, U.S. Immigration and Customs Enforcement (ICE)...more

Weintraub Tobin

Deadline Approaching: Form I-9 Virtual Inspection of Employment Authorization and Identity Documents will End on July 31, 2023

Weintraub Tobin on

Employers with remote workforces should take note that they will need to begin physically inspecting new hires’ I-9 documentation again as of August 1, 2023 – and they will need to conduct a physical inspection of employees’...more

Cooley LLP

Form I-9 Remote Flexibilities to End on July 31, 2023

Cooley LLP on

On May 4, 2023, the US Immigration and Customs Enforcement (ICE) and Department of Homeland Security (DHS) announced that the temporary COVID-19 flexibilities permitting remote Form I-9 identification inspections will expire...more

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