Tag Archives: Form I-9

USCIS Releases New Edition of I-9 and Handbook for Employers

On July 17, 2017, United States Citizenship and Immigration Service (USCIS) released a new Form I-9, Employment Eligibility Verification.  The new Form I-9 contains minor changes to the instructions and list of acceptable documents.  More specifically, the instructions now reflect the Office of Special Counsel for Immigration-Related Unfair Employment practice’s new name, Immigrant and Employee … Continue Reading

U.S. Department of Homeland Security Renews TPS for El Salvador

Through a recent publication of the Federal Register, the Department of Homeland Security (DHS) has extended Temporary Protected Status (TPS) for eligible nationals of El Salvador effective Sept. 10, 2016, through March 9, 2018.   The extension allows eligible TPS beneficiaries to retain TPS through March 9, 2018, so long as they otherwise continue to meet … Continue Reading

Proposed Changes to Form I-9

Federal law requires employers to verify the identity and employment authorization of each person they hire, complete and retain a Form I-9 (Employment Eligibility Verification) for each employee, and avoid discriminating against individuals on the basis of national origin or citizenship. On March 28, 2016, USCIS published a notice in the Federal Register to notify … Continue Reading

OSC Issues Updated Guidance on Internal I-9 Audits and Determining Validity of Documentation Provided

The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) issued an updated Technical Assistance Letter (TAL) on Jan. 7, 2016, relating to an employer’s internal Form I-9 audit procedures. The TAL addresses: 1) an employer’s obligation to prevent discrimination in compliance with the anti-discrimination provision of the Immigration Reform and Control Act (IRCA);  … Continue Reading

Intra-agency Initiative Produces Guidance on Internal I-9 Audits, Worker Protections

The Department of Justice’s (DOJ) Civil Rights Division and the Department of Homeland Security’s U.S. Immigration and Customs Enforcement (ICE) teamed up to address common questions that arise when employers conduct internal reviews of their Forms I-9. The guidance is intended to help employers conduct their audits properly, and ensure they do not discriminate against … Continue Reading

60 Day Comment Period Announced: Proposed Changes to Form I-9

On November 24, 2015, USCIS published a notice in the Federal Register [80 FR 73200] of proposed changes to the Form I-9, thereby initiating a 60 day public comment period through January 25, 2015.  The proposed changes aim to reduce the commission of technical errors on the Form I-9 and increase functionality for customers in … Continue Reading

Office of Special Counsel Settlement Re Immigrant Discrimination

Recently, the Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices (‘OSC’) entered into a settlement agreement with a landscaping company following allegations of immigrant discrimination.  The DOJ lawsuit against the company concerned corporate practices requiring Lawful Permanent Residents (green card holders) to produce their green cards in order to prove their work … Continue Reading

USCIS and OSC Make Some Important I-9 Announcements: “Smart” Online I-9, Driver’s Licenses for Undocumented Workers, Honesty Policies

In a recent symposium sponsored by the Council for Global Migration, the U.S. Citizenship and Immigration Services (USCIS) and the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), made the following note-worthy announcements and/or classification: The USCIS will soon release a “smart” online I-9 form to assist employers in completing the forms correctly. … Continue Reading

I-9 Alert: Department of Justice Settles Immigration Discrimination Claims with Three Memphis Area Staffing Firms

The U.S. Department of Justice (DOJ) recently entered into a settlement agreement with three staffing companies in the Memphis, Tennessee area. DOJ’s investigation discovered that each of the companies rejected the employment of two qualified individuals based on them being born in Puerto Rico. Specifically, the employers refused to accept each individual’s valid Puerto Rican … Continue Reading

Form I-9 Widget Available for Download

Employers can now complete the I-9 Form using a new Desktop Widget that can be downloaded and saved onto desktops. The widget makes it easier and faster to complete the Form I-9.  With one click, employers will be taken to an online, fillable Form I-9. USCIS offered this widget to make the form more easily … Continue Reading

Blue is the New Red – USCIS Switches Ink

Employers and foreign nationals should not be concerned – beginning July 1, 2014, USCIS switched its red secure ink for blue secure ink. This change will affect the following stamps: Department of Homeland Security’s Parole Stamp Temporary I-551 Alien Documentary Identification and Telecommunication (ADIT) Stamp Refugee Stamp Asylum Stamp Initial / Replacement Form I-94 Stamp … Continue Reading

USCIS Automatically Extends EADs for Qualified Liberian Nationals

U.S. Citizenship and Immigration Services announced that certain Liberian nationals who hold Employment Authorization Documents (EADs) with an expiration date of September 30, 2014, pursuant to the Deferred Enforced Departure (DED), will receive an automatic extension of work authorization through to March 30, 2015. For I-9 purposes, employers should except EADs for affected Liberians that are … Continue Reading

Reminder from OSC – Don’t Reverify Permanent Residents!

Normally, when an employee’s work authorization document is expiring, an employer must reverify the employee’s work authorization for Form I-9 purposes. There are two exceptions to the re-verification requirement: an expired U.S. passport and an expired Permanent Resident Card. In a recent Technical Assistance Letter dated September 5, 2013, the Department of Justice’s Office of … Continue Reading

Yet Another Strike Against Form I-9 Prepopulation

The Department of Justice’s Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices has joined the growing chorus of government agencies speaking out against the practice of prepopulating Section 1 of Forms I-9. In a recent Technical Assistance Letter (TAL), the OSC discourages the use of prepopulation citing concerns about Section 1 containing inaccurate … Continue Reading

Tips on Responding to a Notice of Inspection from ICE

When Immigration and Customers Enforcement (ICE) decides to perform an audit of a company’s Employment Eligibility Verification forms (Form I-9), they will issue a Notice of Inspection (NOI). Providing a careful response to an NOI is critical as it lays the platform for communicating, negotiating, and oftentimes settling with ICE. Following the recent decision from … Continue Reading

Finish Up Your Spring Cleaning: Review Your Forms I-9

A recent decision from the Office of the Chief Administrative Officer (OCAHO) serves as a good reminder to make sure your company’s Forms I-9 are in order. In U.S. v Anodizing Industries, Inc., the OCAHO reviewed an Immigration and Customs Enforcement (ICE) complaint that a Los Angeles metal finishing factory had violated 8 USC §1324a(a)(1)(B) … Continue Reading
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