I-9 Rule Offers Virtual Inspection

The U.S. Department of Homeland Security (DHS) announced its first proposed rule on the Optional Alternatives to the Physical Document Examination Associated with Employment Eligibility Verification (Form I-9). The proposed rule, published in the Federal Register last week, does not yet include a detailed plan for virtual inspection of Form I-9. Instead, the proposed rule…

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ICE Extends Limited I-9 Flexibility

When the coronavirus pandemic hit the nation over two years ago, the rules governing employer obligations for in-person inspection of employee documentation were relaxed, allowing for remote review of I-9 documentation. A few weeks ago, U.S. Immigration and Customs Enforcement (ICE) announced it was extending that flexibility through October 31, 2022, however, only in the…

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ICE Extends I-9 Flexibility

The US Immigration and Customs Enforcement (ICE) ten days ago issued another temporary extension of the flexibility in the compliance rules regarding the Form 1-9 for another few weeks. Under this latest 30-day extension, the requirement for in-person, physical inspection of the identity and employment eligibility documentation of new hires is deferred again and is…

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New I-9 Form Effective Today

Beginning today, May 1, 2020 employers must use the newer Employment Eligibility Verification Form (with the revised date of 10/21/19-found in the bottom left-hand corner). Form I-9 is published by the US Citizenship and Immigration Service (USCIS) and changed periodically to address current issues. For the past three months, notwithstanding the coronavirus crisis, employers have…

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SCOTUS Expands I-9

In a 5-4 decision along ideological lines this week, the Supreme Court of the United States (SCOTUS) expanded the potential use I-9 information for the potential prosecution of state crimes as well. The 1986 Immigration Reform and Control Act (IRCA), which created the I-9 form, states that the information “may not be used for purposes…

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Feds Considering H-2B Visa Increase

In a budget hearing before the Senate Appropriations Committee subcommittee on Homeland Security this week, Acting Department of Homeland Security Secretary Chad Wolf reported that a decision on raising the cap for the temporary non-agricultural guest worker H-2B visa program will be made “very shortly.” The H-2B program is currently capped at 66,000 visas issued…

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New Form I-9 Released

The U.S. Citizenship and Immigration Services (USCIS) has released a new version of the Employment Eligibility Verification Form (Form I-9) for use by employers effective this week. Federal law requires that all employers complete a Form I-9 to document verification of the identity and employment authorization of each new employee hired after November 6, 1986,…

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Use of I-9 Information Before SCOTUS

The Supreme Court of the United States (SCOTUS) heard oral arguments this week on a case coming out of Kansas relating the use of information taken from the I-9 Form. Kansas v Garcia involves three restaurant workers who were charged by the state of Kansas with identity theft based on fraudulent information included in state…

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New York City Squeezes Speech

The New York City Commission on Human Rights is seemingly ramping up its restrictions on employers with a new Legal Enforcement Guidance on certain protections in the NYC Human Rights Law (NYCHRL). Specifically, a new guidance released this month provides that employers (as well as landlords) could be subjected to fines up to $250,000 for…

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Using Expired I-9 Forms

On the surface, it might not seem like good advice to use a government form that’s expired, but in the absence of an updated one, that is exactly what we recommend. Although the current Employment Eligibility Form, or the-9 form as it is customarily known, specifically states that it expired on August 31 of this…

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