News & Analysis as of

Immigration and Customs Enforcement (ICE) Employment Authorization Documents (EAD)

Woods Rogers Vandeventer Black

ICE Issues New Form I-9 for Mandatory Use Starting November 1, 2023

The U.S. Citizenship and Immigration Services’ Form I-9, Employment Eligibility Verification, verifies the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers...more

Mitratech Holdings, Inc

Avoiding Penalties and Audits: Understanding the Benefits of Electronic I-9 Compliance

Are you familiar with the I-9 Form? It may sound like just another piece of paperwork, but for employers in the United States, it carries significant weight. The I-9 Form is a crucial document used to verify an employee’s...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

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

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

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

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

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

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

I-9 Compliance Flexibility to End on July 31, 2023; Employers Have Until August 30, 2023, to Physically Inspect I-9 Documents

U.S. Immigration and Customs Enforcement (ICE) has announced that the temporary COVID-19 accommodations for Form I-9, Employment Eligibility Verification, will expire on July 31, 2023. Employers that have been relying on the...more

Cozen O'Connor

I-9 Inspection Changes Beginning August 30, 2023

Cozen O'Connor on

On May 4, 2023, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced that employers will have 30 days to reach compliance with Form I-9 requirements after the COVID-19...more

Amundsen Davis LLC

Avoid the Million Dollar Mistake - Five I-9 Immigration Compliance Tips That Can Save You Time, Money, and Trouble

Amundsen Davis LLC on

In 1986, the Reagan administration instituted use of the I-9 Immigrant form, requiring employers to verify their employees’ identity and eligibility to work. While the concept was simple and the current form was meant to be...more

Jackson Lewis P.C.

Five U.S. Immigration Law Trends to Watch in 2022

Jackson Lewis P.C. on

A series of significant developments in U.S. immigration law has already marked the beginning of 2022 and more can be expected. In January, the Biden Administration unveiled a series of policies aimed at attracting and...more

Nilan Johnson Lewis PA

I-9 Remote Document Inspection Flexibility Policy Extended to April 30, 2022

Nilan Johnson Lewis PA on

UPDATE: On December 15, 2021, the Department of Homeland Security (DHS) has granted an additional extension of the I-9 remote document inspection flexibility policy until APRIL 30, 2022. This is a welcome relief for advocates...more

Nilan Johnson Lewis PA

I-9 Remote Document Inspection Flexibility Policy Set to Expire December 31, 2021

Nilan Johnson Lewis PA on

The extension of Form I-9 remote document inspection flexibility is currently set to terminate on December 31, 2021. Are you prepared for the next steps? This article provides what you need to know about the flexibility and...more

Mitratech Holdings, Inc

A Helpful Guide to Surviving an I-9 Audit

Mitratech Holdings, Inc on

Is there an I-9 audit in your future? Not necessarily, but if you employ workers who have emigrated to this country, it’s important to understand how to manage the I-9 audit process. What is an I-9 audit? An I-9 audit...more

Jackson Lewis P.C.

ICE Announces I-9 Flexibility Will Continue Through The Summer

Jackson Lewis P.C. on

ICE announced that I-9 flexibility will be extended again – this time through the whole summer until August 31, 2021. Since March 2020, companies that have been operating remotely have been able to inspect Section 2 Form...more

Fisher Phillips

The Slippery Road Toward Immigration Reform Under President Biden: Beware of ICE!

Fisher Phillips on

President Biden has proposed sweeping changes to U.S. immigration law, contained in the pending U.S. Citizenship Act of 2021. This piece of proposed legislation, as introduced into Congress by the bill’s lead sponsors, Sen....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

Jackson Lewis P.C.

Six Changes In DHS, ICE Created By COVID-19 Pandemic

Jackson Lewis P.C. on

The Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) have allowed some flexibility due to the COVID-19 pandemic. Here are some of the changes in effect:.....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

Jaburg Wilk

COVID-19 Provides Employers with Continued I-9 Flexibility

Jaburg Wilk on

COVID-19 has caused unprecedented delays in the production of certain employment authorization documents. Both the DHS and ICE have continued with their department's flexibility relative to I-9 documentation and completion......more

Mintz - Immigration Viewpoints

Unacceptable EAD Processing Delays

As we noted in a recent post, on August 21st, on August 18, 2020 U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE) announced that as a result of EAD (“employment authorization...more

Tarter Krinsky & Drogin LLP

USCIS Relaxes Some I-9 Compliance Requirements

A settlement decree in the case of Subramanya, et al. v. USCIS, Case No. 2:20-cv-3707 (S.D. OH, Eastern Div., 2020), resulted in permission for foreign nationals to present an approval notice (Notice of Action) alone to...more

Proskauer Rose LLP

The Department of Homeland Security Expands Flexibility With I-9 Forms During the Pandemic

Proskauer Rose LLP on

I-765 Approval Notices from December 1, 2019 through August 20, 2020 Permitted for Form I-9 - Citing the COVID-19 Pandemic, the United States Citizenship and Immigration Service (USCIS) announced on August 19, 2020 that...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

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

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Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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