Immigration Reform and Control Act I-9

News & Analysis as of

Updated Form I-9 and USCIS fee increases

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

If You Do Any Hiring, New I-9 Forms Must be Used Effective January 2017

On November 14, 2016, United States Citizenship and Immigration Services (“USCIS”) published a revised version of Form I-9, Employment Eligibility Verification (“Form I-9”). This isn’t the first time it has done so but a new...more

Revised I-9 Employment Eligibility Verification Form: Effective January 22, 2017

A revised version of Form I-9, Employment Eligibility Verification has been published. Effective January 22, 2017, employers must only use the new version of the Form I-9 dated 11/14/2016 N. The old version dated 03/08/2013 N...more

New Form I-9 Released

U.S. Citizenship and Immigration Services (USCIS) released a new revised version of Form I-9 on Monday, November 14, 2016. The previous editions of the Form (with “03/08/13” in the lower left corner) will remain valid until...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

I Can’t Ask That? - Taking a Closer Look at Citizenship and National Origin Discrimination

When seeking a qualified candidate for an open position, Human Resources professionals are aware that it is generally impermissible to inquire about or consider an applicant’s race, sex, religion, or disability during the...more

Immigration Penalties Increase Effective August 1, 2016

The Department of Justice has issued a new rule increasing penalties for I-9 paperwork violations, unlawfully employing unauthorized workers, and unfair immigration-related employment practices. The increase was triggered by...more

Employers Beware: DOJ Nearly Doubles Civil Penalties for IRCA Violations

On June 30th The Department of Justice (DOJ) published an Interim Final Rule adjusting civil monetary penalties for immigration related employment violations set forth in the Immigration Reform and Control Act of 1986 (IRCA)....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

California's Special Restrictions on Who May Complete Form I-9

California's Secretary of State recently clarified whether an employer may use a notary public as its authorized representative to complete the Form I-9 Employment Eligibility Verification. In 1986, Congress passed the...more

Immigration-Related Documents and Information Not Discoverable in Wage and Hour Lawsuit

A New York federal court recently said that the plaintiff-employees involved in a wage and hour lawsuit are not required to produce their immigration documents and information. The case is important because it limits an...more

Immigration-Related Documents and Information Not Discoverable in Wage and Hour Lawsuit

A New York federal court recently said that the plaintiff-employees involved in a wage and hour lawsuit are not required to produce their immigration documents and information. The case is important because it limits an...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

Client Alert - The Rules of the Game Change As ICE Targets Employers

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, ICE...more

Revised Form I-9

Please be advised that as of May 7, 2013, employers are required to use a revised I-9 Employment Eligibility Verification form which has recently been issued by the U.S. Citizenship and Immigration Service (USCIS). This...more

Employment Newsletter - May 2013: Only the Revised I-9 Employment Eligibility Verification Form May Be Used for New Hires...

The Immigration Reform and Control Act of 1986 (IRCA) makes it unlawful for an employer to knowingly hire or continue to employ an alien not authorized to be employed in the United States. Under IRCA, employers must comply...more

Are You Ready for the "New and Improved" I-9 Form?

This alert reminds employers about the new I-9 employment authorization verification form and explains how to prepare to use it as required starting on May 7, 2013....more

DACA Program Raises Questions For Employers In The I-9 Process

Companies must balance countervailing mandates under immigration law: verifying employment eligibility while not discriminating unlawfully. With the recent implementation of the Deferred Action for Childhood Arrivals (DACA)...more

New Compliance Concerns for Employers of Foreign Workers

Originally published in the 2012 Edition of Inside the Minds published by Aspatore/Thomson West. Introduction - This chapter discusses the current immigration enforcement climate for US employers, which involves a...more

The Deferred Action for Childhood Arrivals (DACA) Program: Its Implications for United States Employers

On June 15, 2012, President Obama announced the Deferred Action for Childhood Arrivals Program (DACA), creating a firestorm of reaction regarding its implications on immigration policy and the affected young people. Some...more

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