The I-9 form expired on October 31, 2022, and now, seemingly out of the blue, as of August 1 we will have a new form plus something even more surprising: The option for virtual verification (at least for some employers)!...more
The wide-ranging effects of COVID-19 touch immigration laws in some significant ways. This quick guide will help you avoid pitfalls and know when to contact your attorney....more
The following post contains a breaking update on remote I-9 completion from the Department of Homeland Security, breaking updates from U.S. Department of Labor, as well as new immigration-related considerations that have...more
3/23/2020
/ Audits ,
Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
E-Verify ,
Emergency Management Plans ,
Form I-9 ,
H-1B ,
State of Emergency ,
Travel Restrictions ,
USCIS ,
Visas
While perhaps not top of mind when considering the many challenges that Coronavirus/COVID-19 poses to employers, immigration compliance is still required. Read the following advisory to prevent immigration law violations that...more
3/11/2020
/ Airlines ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
E-Verify ,
Form I-9 ,
H-1B ,
Immigration Procedures ,
Registration Requirement ,
Risk Management ,
Screening Procedures ,
USCIS ,
Visas
The Optional Practical Training (OPT) program allows F-1 students to work for 12 months after graduation (in most situations). F-1 students with U.S. degrees in science, technology, engineering, and math (STEM degrees) may...more
2/18/2020
/ Certification Requirements ,
Employment Authorization Documents (EAD) ,
F-1 Visa ,
Foreign Students ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
OPT ,
Required Forms ,
Site Visit Program ,
STEM ,
USCIS
Q: Can I really be paperless? Is it ok to put various policies, contracts and other kinds of documents on our electronic systems rather than keeping paper copies?...more
Last seen in large numbers in the George W. Bush Administration, the Social Security Administration (SSA) began mailing Employer Correction Request (EDCOR) Notices (aka “no match” letters) in March 2019. The notices are...more
It was only six months ago that the new fillable I-9 for went into effect, but just this week (July 17, 2017) U.S. Citizenship and Immigration Service published a new version, deleting the November 16, 2016, version from its...more
With immigration in the news now more than ever, and a national shift in enforcement strategy by the Trump Administration, it is important to prepare your staff for a visit by Immigration and Customs Enforcement (ICE)...more
The new version of the I-9 form is now required for all hires as of January 22, 2017.
The form may be completed online, printed, and signed, or it may be printed and completed manually....more
A new I-9 form was released this week, which will become mandatory on January 22, 2017. Until that time, employers may continue to use the “old” version (dated 03/08/2013).
Electronic completion -
The form now can...more
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
7/27/2016
/ Affordable Care Act ,
Duty to Investigate ,
E-Verify ,
Form 1095 ,
Form I-9 ,
Health Insurance ,
Immigration and Customs Enforcement (ICE) ,
IRS ,
Penalties ,
Reasonable Cause Defense ,
Reporting Requirements ,
Social Security Numbers
In our view, yes. But in the federal government world, only parts of the immigration process are considered “essential” enough to proceed despite the lack of an approved budget. Even so, many immigration services continue to...more
The time audit your I-9 practices is now.
OK, we’ll let you finish your summer vacation. But right after that, you really need to dig into the I-9 rules and make sure that your company is in compliance....more
In a past blog, we discussed practical steps to take when you find that an employee has been using a false ID and wants to “fix it”. That blog assumed that the company wants to continue the employment and was focused on the...more
Another recent I-9 case shows how the preference for small employers works in the OCAHO (Office of Chief Administrative Hearing Officer) context*.
...more
In a recent decision*, OCAHO (Office of the Chief Administrative Hearing Officer) rejected the argument that ICE has too much discretion in determining what is a “technical” violation (which can be corrected with no fine) and...more
USCIS has published a new I-9 form and instructions effective as of March 8, 2013. You may begin using the new form now, but you may continue to use the old form until May 7, 2013. After that date the new form is mandatory....more
No matter how vigilant you are in checking I-9 documents, that call can still come. The caller claims that your employee is using his or her identity and you need to fix it....more
Documents produced by Immigration Customs & Enforcement (ICE) obtained by ACLU of North Carolina prove what has long been claimed: ICE has deportation quotas and, when not meeting them, has been directed to channel all...more