News & Analysis as of

Form I-9 Department of Homeland Security (DHS) Immigration and Customs Enforcement (ICE)

The Employment Eligibility Verification Form I-9 is a form issued by the U.S. Citizen and Immigration Services to verify the identity and employment eligibility of workers within the United States. U.S. Employers... more +
The Employment Eligibility Verification Form I-9 is a form issued by the U.S. Citizen and Immigration Services to verify the identity and employment eligibility of workers within the United States. U.S. Employers must require all employees, both citizens and non-citizens, to complete an I-9 and present supporting documentation, such as a passport or green card. less -
Mitratech Holdings, Inc

What Triggers an I-9 Audit?

The word “audit” can strike fear in the hearts of HR professionals across the country. With increasing fines, an I-9 audit can turn a small mistake into a big cost....more

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

Guidepost Solutions LLC

Navigating Corporate Risk: The Imperative of Thorough H-1B Program Audits

In the realm of corporate risk, immigration-related concerns often take a back seat. But a closer look at the current Administration’s actions reveals where priorities lie and which industries, sectors, and companies may be...more

Stokes Wagner

Department of Homeland Security Ends Covid-19 Temporary Flexibilities and Rolls Out New E-Verify Alternative Verification...

Stokes Wagner on

Beginning in March of 2020, the Department of Homeland Security (“DHS”) and U.S. Immigration and Customs Enforcement (“ICE”) allowed employers to complete the I-9 process remotely on account of the COVID-19 pandemic. On May...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

Perkins Coie

DHS Introduces Alternative Remote I-9 Verification Procedure and New Form I-9

Perkins Coie on

While recent changes to the I-9 process may affect select employers, the release of a new I-9 form will present changes to all employers. Qualifying employers are able to utilize an alternative verification procedure to...more

Bond Schoeneck & King PLLC

Employer Reminder: New I-9 Form and Alternative Inspection Procedure Go Into Effect on August 1

Two new rules related to I-9 compliance -- just announced last week -- go into effect on Aug. 1, 2023. First, on July 24, 2023, the Department of Homeland Security (DHS) issued a new rule allowing an alternative procedure to...more

Troutman Pepper

Changes to I-9 Documentation Review Procedure for Qualified Employers; Release of New Edition of Form I-9

Troutman Pepper on

Alternative I-9 Documentation Review Procedure Available to Qualified Employers Registered With E-Verify - In the Federal Register published on July 25, U.S. Immigration and Customs Enforcement (ICE) and the Department of...more

WilmerHale

I-9 Forms: Back to (In-Person) Basics, But with a New Exception

WilmerHale on

In March 2020, in response to the COVID-19 pandemic, the U.S. Department of Homeland Security (DHS) temporarily granted employers operating remotely due to the pandemic the flexibility to inspect employee I-9 documentation...more

Schwabe, Williamson & Wyatt PC

DHS Announces New I-9 Form and New Limited Remote I-9 Verification

On July 25, 2023, the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) announced a new version of the Form I-9 Employment Eligibility Verification Form. The new version of the...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

Guidepost Solutions LLC

Summer Doldrums? Not for Human Resources Teams and I-9s!

I don’t think the word “doldrums” is used very much anymore, but I do remember it vividly from when I was a child. It was predominantly used in connection to the lazy hazy days of summer when things were hotter than heck and...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

Mitratech Holdings, Inc

Changes to Form I-9 Physical Document Inspection: What Employers Need to Know as Covid-19 Regulations Lift

With DHS’ announcement to end Form I-9 requirement flexibility, employers have until August 30th, 2023 to complete in-person verification. Here’s what you need to know to prepare....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

Guidepost Solutions LLC

Identifying Minors in High-Risk Jobs

Recent investigative reports have revealed the Department of Labor’s crackdown on organizations found to have minors working in high-risk industries that prohibit employing anyone under 18 years of age. In a number of these...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

Ballard Spahr LLP

Approaching Deadline to Comply with In-Person Review of Employee I-9 Documentation

Ballard Spahr LLP on

Since March 2020, the federal Department of Homeland Security (DHS) has permitted employers the flexibility to engage in remote review of certain new employees’ proof of their identity and authorization to work in the United...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

Venable LLP

DHS Further Extends I-9 Flexibilities Until August 2023

Venable LLP on

In a May 4, 2023 announcement, the U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), granted employers until August 30, 2023 to resume compliance with pre-COVID-19 Form I-9...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

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