Although immigration has been a hot political topic lately, employers’ obligations to comply with the Immigration Reform and Control Act of 1986 (“IRCA”), 8 U.S.C. § 1324a, have remained consistent for the last few years. As most employers know, they must verify the work authorization of all employees by reviewing documentation that establishes the employee’s identity and authorization to work in the U.S. On July 17, 2017, the U.S. Citizenship and Immigration Services (USCIS) revised Form I-9, Employee Eligibility Verification, and its Handbook for Employers: Guidance for Completing Form I-9 but made very few substantive changes to the Form I-9 requirements. In addition, in the aftermath of Hurricane Harvey, the USCIS issued guidance to employers about how to verify employment eligibility if a newly hired employee claims that his or her verification documents have been destroyed.
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