Dec 29, 2020
Whether the flexibilities are again extended or sunset on January 31, 2021 depends on a number of factors such as the impact on resurgent COVID-19 infection rates and the transition to the next federal executive administration. It does provide remedies for fully remote working enterprises and it may provide remedies for companies which are hybrid, companies which have some positions fully remote and others in-house. Such analyses are fact-dependent and we’re happy to help companies develop effective processes which meet management goals and necessities.
Nov 19, 2020
The federal government has created “flexibility” protocols, designed to accomplish the Form I-9 goals remotely. It has extended the period companies can use those protocols until December 31, 2020. Learn more in this blog.
Oct 8, 2020
• The Construction Industry Employee Verification Act (“Construction E-Verify”) applies to manufacturers of construction materials and equipment, who may not realize it applies to them.
• State and federal law bars employing foreign nationals without authorization to work. Those laws are increasingly being enforced.
• Construction E-Verify became effective this week and the window for bringing companies into compliance with federal and state law is likely to be short.
• It is in our best interest to: 1) get a legal determination of whether our businesses are subject to Construction E-Verify or not; 2) conduct a discreet internal audit; and 3) apply one of the proven remedies to get things in legal order.
Jul 24, 2020
Delays in processing documents has created a crisis for some Lawful Permanent Residents since the ability to work is tied to demonstrating work authorization and identity. For Permanent Residents, this usually means presenting a Form I-551, Permanent Resident Card (“Green Card”) or a temporary stamp in their passport which shows that they are waiting for a Green Card to be delivered that they are approved to receive. For those who can’t get the stamp and haven’t received the card, they may not be able to work. Fortunately, there are some mechanisms in place to spur the agency which oversees this process to deliver the necessary documentation.
May 12, 2020
Last week (May 5, 2020) we wrote that executing a Form I-9, Employment Eligibility Verification (Form I-9) required a valid, current identity document. United States Citizenship and Immigration Services (USCIS) has modified the policy to permit employers to accept validly issued but expired List B identity documents during the pandemic as long as they record a valid replacement document after the pandemic. Learn more in this blog.
May 12, 2020
The quarantine is creating havoc in the restaurant industry. Many places temporarily closed, others went to curbside pickup or delivery, and some have thrown in the towel. Those which switched to takeout during the quarantine may be off more than fifty percent, while some businesses accustomed to delivery already have seen an uptick in business. However, this chaos presents an opportunity to get restaurant management in better order. Learn more in this blog.
May 5, 2020
The question presented: “How can we complete a Form I-9 on someone without identification during the pandemic.” I found no specific document on this point. The short answer is that we can’t. Learn more in this blog.
Apr 29, 2020
Come May 1, 2020, employers are required to use the newest edition of the Form I-9, Employment Eligibility Verification and United States Citizenship and Immigration Services (USCIS) has now updated the Form M-274, Handbook for Employers. Among the updates are List B and List C document clarifications, additional information about “authorized representatives” in Section 2, and document expiration dates and extensions. Learn more in this blog.
Apr 8, 2020
USCIS has created a document called “Questions and Answers Related to Temporary Policies for Form I-9 and E-Verify” with policy responses to the coronavirus pandemic. To assist employers during the pandemic, we have restated the most common occurrences here.
Mar 20, 2020
U.S. employers are required to examine documents in fulfilling their responsibilities to only employ authorized workers. This is in connection with the Form I-9, employment Eligibility Verification (Form I-9). This has presented a problem for many employers who cannot meet with their employees due to the risks of, or illegality of, face-to-face contact during the coronavirus pandemic. The U.S. Department of Homeland Security (DHS) is permitting a waiver of the physical inspection requirement as of today. Learn more in this blog.
Mar 13, 2020
ICE is aiming at 15,000 Audits this year. For audited companies, the 30 days that the Audit notice gives them to present perfect Form I-9s is daunting. It represents at least three significant threats: 1) fines and penalties, 2) management and administrative disruption, and 3) business disruption if any of the employees are found to be “unauthorized workers.” Learn more in this blog.
Mar 10, 2020
Every person we employ in the U.S. has to complete a Form I-9, Employment Eligibility Verification form (“Form I-9”). The burden is on the employer to make reasonably sure that we both employ authorized workers and document their work authorization correctly. Many people, in and out of government, share the view that foreign nationals working without authorization should share some of the penalty with companies unintentionally employing people who don’t have authorization. Learn more in this blog.
Feb 18, 2020
Due to shortages in the labor market, employers for highly skilled positions have lowered minimum qualifications. Less skilled laborers are able to move more easily between manufacturing and construction jobs. New immigration policies may force some construction companies out.
Feb 3, 2020
Employers must execute a Form I-9, Employment Eligibility Verification (Form I-9) on all employees. The current version is required and a new version was released on Friday, Jan 31, 2020. Learn about new changes to the form in this blog.
Jan 28, 2020
Thirteen states and the District of Columbia issue some form of driving permission to foreign nationals who don’t have permission to work in the US. Providing documents to those who aren’t lawfully present creates a two-tier identity document system. Learn more in this blog.
Oct 18, 2019
On August 26, 2012, Ramiro Garcia, an undocumented immigrant working under an assumed Social Security Number, was stopped for speeding. Garcia knew he faced immigration consequences, but he likely didn’t expect to be prosecuted for identity theft. The question before the Supreme Court of the United States is whether states can use information reported on the Form I-9, Employment Eligibility Verification (“Form I-9”) to prosecute identity theft cases. Learn more in this blog.
Sep 17, 2019
When we talk about immigration enforcement, we are usually talking about the three “sister” agencies: United States Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP), and Immigration and Customs Enforcement (ICE). We may not easily see the role that agencies like the Social Security Administration (SSA) play in immigration enforcement; yet, the Trump Administration is enforcing a wide field of laws in ways that will likely impact potentially undocumented immigrants and, by extension, their employers. Learn more.
Aug 30, 2019
The current version of the Form I-9, Employment Eligibility Verification (“Form I-9”) is dated July 17, 2017. Employers using the form will note that it expires on August 31, 2019. Learn more in this blog.
Jul 9, 2019
Immigration and Customs Enforcement (ICE), within the Department of Homeland Security, audits and investigates immigration violations of work rules. The document at the center of those inquiries is the Form I-9, Employment Eligibility Verification (Form I-9). Form I-9 may not be the easiest form to complete though. Learn more in this blog.
Jan 29, 2019
On Friday, January 25, President Trump signed a short-term budget which allows the government to re-open for three weeks, ending the longest government shutdown in history. E-Verify was not available during the shutdown because its authorization had lapsed. With a new temporary reauthorization in place, E-Verify has now resumed operations through at least February 15, 2019. Read the full blog by clicking the link below.