In last week’s issue, we advised that the Employment Visa bill was being prepared for passage in the US House of Representatives. Well, as they say, a funny thing happened on the way to approval. Actually, it just got bumped out for at least another week by Congress focusing their work on finalizing the Respect…
Read More »E-Verify has again sent us the agency webinar schedule to assist employers with understanding and completing the I-9 form and its requirements. The remaining November schedule of E-Verify webinars can be viewed here. In addition, they’ve also sent a reminder that an E-Verify user’s access must be promptly terminated upon separation from an organization. The…
Read More »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…
Read More »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…
Read More »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…
Read More »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…
Read More »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…
Read More »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…
Read More »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,…
Read More »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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