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ICE Announces Extension For Temporary Flexibility For I-9 Compliance To May 31

ICE has announced that I-9 flexibility will be continued for another 60 days, until May 31, 2021. Here is ICE’s full announcement. With this extension, ICE specifically noted that employees hired on or after April 1,...more

Companies Prep To Return To Worksites As Temporary Flexibility For I-9 Compliance Extended

Flexibility in completing I-9 Employment Verification Forms has been continued until March 31, 2021, and it may be extended beyond that. Under that flexibility, employers have been allowed to inspect Section 2 Form I-9...more

USCIS Reminder: 10-Year-Old E-Verify Records Will Be Deleted

USCIS announced that on May 14, 2021, it will dispose of 10 years of records dated on or before December 31, 2010, from its Historic Records Report. Employers that use E-Verify have until May 14, 2021, to download case...more

Temporary Flexibility For I-9 Compliance Extended Again

Once again, ICE has announced a further extension of flexibility in its rules related to I-9 compliance. The extension will continue through March 31, 2021. This means that: •Employers may continue to inspect Section...more

USCIS Allows Continued Use Of Approval Notices To Show Employment Authorization

Along with extending its flexibility in allowing virtual Form I-9 employment verification until December 31, 2020, USCIS is also continuing its flexibility with regard to long-pending Employment Authorization Document (EAD)...more

Temporary Flexibility For I-9 Compliance Extended Through December 31, 2020

Once again, just as it was about to expire, ICE has announced a further extension of flexibility in its rules related to Form I-9 compliance. This time, the extension will continue through December 31, 2020. Employers will...more

Temporary Flexibility For Employer I-9 Compliance To End November 19, ICE Announces

U.S. Immigration and Customs Enforcement (ICE) has been flexible about how to complete Form I-9 employment verification due to the COVID-19 pandemic, allowing companies working remotely to inspect documents virtually (e.g.,...more

I-9 Flexibility Continued For Another 60 Days, Until November 19, 2020

Days before the upcoming deadline, ICE has announced it is extending the remote virtual verification option for completion of I-9 employment verification an additional 60 days (instead of just 30 days), until November 19,...more

Waiting For Green Cards

Some 50,000 foreign nationals with approved Lawful Permanent Residency (Green Card) applications have been waiting for months to receive their cards, which provide proof of lawful permanent resident status. Without these...more

I-9 Interim Rule Allows Approved Foreign Nationals To Begin Working

The USCIS is in the process of entering a Consent Order to produce, on a specific schedule, Employment Authorization Document (EAD) cards for those 75,000 foreign nationals who have approved employment authorization...more

Remote Virtual Verification Continues For I-9 Compliance During COVID-19 Pandemic

ICE has announced it is extending the remote virtual verification option for completion of I-9 employment verification an additional 30 days, until September 19, 2020, due to continued precautions related to the COVID-19...more

I-9 Compliance Flexibility Extended To August 19, 2020

The Department of Homeland Security (DHS) has extended its flexibility regarding the physical presence requirements for I-9 inspection for another 30 days, until August 19, due to the ongoing precautions related to the...more

I-9 Inspection And Return-To-Work Issues

The Department of Homeland Security’s COVID-19 flexibility regarding the physical presence requirements for I-9 inspection ends on July 19, 2020, for companies that are still operating 100-percent remotely. Unless further...more

I-9 Compliance Flexibility Extended To July 19

The Department of Homeland Security (DHS) once again is extending its flexibility regarding the physical presence requirements for I-9 inspection for another 30 days until July 19, 2020, due to the ongoing precautions related...more

Rise Of Imposter Claims for Unemployment

The persistent problem of undocumented workers presenting plausible (but ultimately fraudulent) employment verification documents to employers has taken a new twist in the COVID-19 pandemic: a rise in imposter claims for...more

Temporary E-Verify Policies Announced For Delays Due To COVID-19

E-Verify has modified its policies temporarily due to COVID-19 as follows: •Employers must still create cases in E-Verify within three business days from the date of hire. •Employers should use the hire date from the...more

Department Of Homeland Security: Temporary Flexibility For Employers’ I-9 Compliance

The Department of Homeland Security (DHS) has announced that, because of the National Emergency due to the coronavirus (COVID-19) pandemic, employers may temporarily inspect Form I-9, Employment Eligibility Verification,...more

National Emergency Prompts DHS To Announce Temporary Flexibility For Employers’ I-9 Compliance

The Department of Homeland Security (DHS) announced flexibility regarding Employment Verification (Form I-9) regulations due to COVID-19. Recognizing that companies and organizations are having to temporarily shift to a...more

U.S. Supreme Court: No Federal Preemption In State’s I-9 Fraud Case

Federal law does not preempt a state’s ability to bring criminal prosecutions against individuals for providing false or fraudulent information in connection with their employment, the U.S. Supreme Court has decided. Kansas...more

USCIS Introduces New I-9 Form

The long-promised new Form I-9 is now available for use and downloading from the USCIS website. Although it became available for use starting January 31, 2020, there is a grace period. Employers have up to 90 days (until May...more

Update On Status Of Changes To Soon-To-Expire Form I-9

The I-9, Employment Eligibility Verification Form, that employers have been using since July 2017 is set to expire on August 31, 2019. Until USCIS makes any additional announcements on I-9 Central, employers should plan to...more

Oregon Employers Must Notify Employees Of Upcoming Federal Inspections Of Work Authorizations

The uptick in ICE investigations has Oregon requiring employers to notify employees of any upcoming investigation by a federal agency (such as a Form I-9 inspection) for records, forms, or other documentation used to verify...more

DHS High-Pressure Activities Continue

The Department of Homeland Security Immigration and Customs Enforcement (ICE) has sent an unprecedented number of I-9 audits, called Notices of Inspection (NOIs), in the previous three weeks reportedly to more than 3,000...more

Insights: Pros And Cons Of Registering For E-Verify

Immigration enforcement is a major focus of attention of the Trump Administration – including in the business immigration context. One measure of this interest is the increase in I-9 audits. ICE reported that worksite...more

U.S. Supreme Court To Decide If Immigration Law Preempts State Law Prosecution

Does the Immigration Reform and Control Act (IRCA) preempt states from using information in Form I-9 to prosecute a person under state law? The U.S. Supreme Court has agreed to review a case involving prosecution for identity...more

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