Expiring Form I-9 Remains Valid

This week, we received an advisory from the United States Customs and Immigration Service (USCIS). In it, the USCIS acknowledged that all current iterations of the Employment Eligibility Verification form, Form I-9, (English, Basic and Spanish) contain an expiration date of October 31, 2022 – just two weeks away. Notwithstanding, employers should continue using the…

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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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Tennessee Lowers E-Verify Threshold

Early last month, Tennessee Governor Bill Lee signed HB 1853 into law and when he did, the threshold for mandatory use of the E-Verify system by private employers in the Volunteer State dropped from 50 to 35 employees. Effective on January 1, 2023, all employers in Tennessee with 35 or more employees will be required…

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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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DHS Ending I-9 COVID Exception

The US Department of Homeland Security (DHS) last week announced that it was ending the temporary COVID-19 policy allowing employers to accept expired documents when verifying work eligibility on the Form I-9 over the next month. Beginning on May 1, 2022, employers must return to the pre-COVID norm where only unexpired documents may be accepted.…

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