News & Analysis as of

Form I-9 Immigration and Nationality Act

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 -
Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. Employment-Based Immigration Year in Review: Many Changes Made, Many Changes Promised

Looking back at 2023, many of the employment-based immigration changes proposed and implemented by various U.S. government agencies focused on increasing efficiency and alleviating strain on our immigration system. ...more

Mitratech Holdings, Inc

Cracking the Code: Understanding the Ins and Outs of I-9 Compliance Processes

If you’re an employer or HR professional, you’ve likely heard about this important aspect of hiring and onboarding. But what exactly is I-9 compliance? And why is it crucial for your business?...more

Kerr Russell

Ensure I-9 Compliance To Avoid Steep Fines

Kerr Russell on

On November 6, 1986, the U.S. Government enacted the Immigration Reform and Control Act requiring employers to verify the identity and employment eligibility of all individuals hired to perform labor or services in the United...more

McAfee & Taft

Employer in-person inspection deadline looms as Form I-9 flexibilities end July 31

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The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (DHS-ICE) recently announced that it is sunsetting the Form I-9 flexibilities previously implemented in response to the COVID-19...more

Orrick, Herrington & Sutcliffe LLP

How to Avoid Immigration-Related Discrimination When Complying with U.S. Export Control Laws in Hiring and Employment Verification

U.S. employers may find it confusing that hiring for certain roles can involve what seem to be competing compliance obligations. On one hand, the Immigration and Nationality Act makes it illegal for employers to make hiring...more

Pillsbury Winthrop Shaw Pittman LLP

Where Employment and Trade Compliance Intersect—Protecting Your Company in a World of Dueling Enforcement Risks for Export...

In a new enforcement action against GM, the Department of Justice (DOJ) Civil Rights Division emphasizes that employers subject to export control obligations must still comply with federal laws against discrimination on the...more

Hogan Lovells

US export controls compliance while avoiding immigration-related discrimination: DOJ issues guidance

Hogan Lovells on

On Tuesday April 18, 2023, the U.S. Department of Justice (DOJ) Civil Rights Division’s Immigrant and Employee Rights Section (IER) issued additional guidance regarding compliance with U.S. anti-discrimination laws at the...more

Foley & Lardner LLP

COVID-related Form I-9 Remote Verification Flexibilities Extended Through July 31, 2023

Foley & Lardner LLP on

On October 11, 2022, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension through July 31, 2023 of Form I-9 remote verification flexibilities first announced...more

CDF Labor Law LLP

Is an End to Remote I-9 Document Inspection Coming?

CDF Labor Law LLP on

In 1986, the Immigration and Nationality Act (“INA”) was amended to require all employers to verify the employment eligibility of all newly hired workers. The regulations interpreting the INA require employers to physically...more

Bowditch & Dewey

Department of Homeland Security Announces Extension of the Form I-9 Flexibilities Until October 31, 2022

Bowditch & Dewey on

On April 25, 2022, the Department of Homeland Security (DHS) announced an extension to I-9 compliance flexibility previously announced in March 2020 and updated in March 2021. DHS has agreed to extend the flexibility until...more

Mintz - Immigration Viewpoints

Form I-9 Requirements Flexibility Extended Until October 31, 2022

The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have announced another extension to flexibility relating to in-person Form I-9 compliance. The policy, which was originally...more

Mintz - Immigration Viewpoints

DHS to End Temporary COVID-19 Policy on Expired List B Identity Documents on May 1, 2022

Effective May 1, 2022, the U.S. Department of Homeland Security (DHS) is terminating its temporary policy of allowing employers to accept expired List B identity documents for I-9 purposes. As background, DHS and U.S....more

McAfee & Taft

Form I-9 verification flexibilities further extended to August 31 for employers onboarding remote employees

McAfee & Taft on

The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) is continuing its discretion to defer the physical presence requirements associated with the Employment Eligibility...more

Mintz - Immigration Viewpoints

Form I-9 Requirements Flexibility Extended until August 31, 2021

The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced they would again extend flexibility relating to in-person Form I-9 compliance. As discussed in a previous post, on...more

McAfee & Taft

DHS-ICE implements more Form I-9 verification flexibilities through May 31 for remote employers and workplaces

McAfee & Taft on

The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) is continuing its discretion to defer the physical presence requirements associated with the Employment Eligibility...more

McAfee & Taft

Form I-9 COVID flexibility policy extended until May 31, 2021 for remote employers and workplace

McAfee & Taft on

The U.S. Department of Homeland Security (DHS) is exercising discretion to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) under Section 274A of the Immigration and...more

Mintz - Immigration Viewpoints

Form I-9 Requirements Flexibility Extended until December 31, 2020

On November 18, 2020, The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced they would again extend flexibility relating to in-person Form I-9 compliance. As discussed in...more

Seyfarth Shaw LLP

ICE Extends COVID I-9 Rules to December 31-Happy New Year!

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Today, the U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year. This announcement was expected in light of the...more

Miles & Stockbridge P.C.

Avoiding Unfair Documentary Practices in the I-9 Process

Miles & Stockbridge P.C. on

The Justice Department announced on November 10, 2020 that it signed a settlement agreement with Fleetlogix Inc. (“Fleetlogix”) resolving claims that the company discriminated against work-authorized, non-U.S. citizens by...more

Mintz - Immigration Viewpoints

Form I-9 Requirements Flexibility Extended for Additional 60 days to November 19, 2020

On September 15, 2020, The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced they would again extend flexibility relating to in-person Form I-9 compliance. As discussed in...more

Jackson Lewis P.C.

Waiting For Green Cards

Jackson Lewis P.C. on

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

Seyfarth Shaw LLP

Dreamers Face DACA Reboot

Seyfarth Shaw LLP on

Seyfarth Synopsis: In light of the recent Supreme Court decision, DHS continues the DACA program, but implements new guidance as it conducts a complete review of the program....more

Mintz - Immigration Viewpoints

Form I-9 Flexibility Updates

Form I-9 Requirements Flexibility Extended for Another 30 days to September 19, 2020 - On August 18, 2020, U.S. Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) announced they would...more

Mintz - Immigration Viewpoints

Form I-9 Requirements Flexibility Extended for Another 30 Days to July 19, 2020

On Tuesday, June 16, 2020, U.S. Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) announced they would again extend flexibility related to in-person Form I-9 compliance that was granted...more

Morgan Lewis

DHS Announces Flexibility in Form I-9 Compliance Requirements

Morgan Lewis on

The US Department of Homeland Security will defer the physical presence requirements for Form I-9 completion for employers and workplaces that are operating remotely and permit virtual review, which must be timely....more

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