Green and Spiegel U.S. Blog

FORM I-9 COMPLIANCE CHANGE: Physical Inspection of Documents Is Not Required During the Pandemic

David Spaulding

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.

The 2020 Form I-9 Audit Season Has Begun!

David Spaulding

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.

The Supreme Court Says Form I-9 Information Can Be Used Against Employees

David Spaulding

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.

Construction E-Verify May Force Some Companies Out

David Spaulding

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.

New Version of the Form I-9, Employment Eligibility Verification

David Spaulding

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.

Issuing State Identification to Undocumented Immigrants Creates a Catch-22 for Employers

David Spaulding

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.

Kansas V. Garcia is Before the U.S. Supreme Court... This is One to Watch

David Spaulding

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.

Social Security Administration (SSA) Programs Present Challenges to Employers Which Rely Upon Unauthorized Workers

David Spaulding

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.

Attention Employers- Until the New Version of the Form I-9 is Available, Use the July 17, 2017 Version

David Spaulding

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.

Form I-9 Audits Shift Into High Gear

David Spaulding

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.

E-Verify is Back Up and Running as the Government Shutdown Ends

Matthew Galati

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.

Guidance on E-Verify Procedures during the Government Shutdown

With the Government Shutdown still in effect from December 22, 2018, the E-Verify program has also ceased operations. In light of the recent shutdown, E-Verify has issued temporary policies so that employers do not become noncompliant. If you are an employer and have any questions about E-Verify protocols during the Government Shutdown, please contact us immediately.

Jonathan Grode to Speak at the Employer Know Your Rights Training Hosted by the Office of Immigrant Affairs-City of Philadelphia

U.S. Practice Director Jonathan Grode will be the lead presenter in an Employer Know Your Rights Training session on Wednesday, January 9, 2019 at 6:00 PM at Esperanza, 4261 North 5th Street, Philadelphia, PA 19140. If you have any questions regarding Form I-9 or audits, contact us today.

Hiring of Ineligible Workers Nets Major U.S. Employer Criminal Charges, Record-Setting Fine

Andrew Clancy Rodgers

Failure to comply with Immigration and Nationality Act rules regarding unauthorized workers has resulted in a guilty plea to a federal criminal charge for Philadelphia-area company, Asplundh Tree Experts, Co., and monetary penalties totaling $95 million....

REMINDER: EMPLOYERS MUST USE NEW I-9 EMPLOYMENT ELIGIBILITY VERIFICATION FORM AS OF SEPTEMBER 18, 2017

Andrew Clancy Rodgers and Matthew Galati

Starting Monday, September 18, USCIS will no longer accept previous versions of Form I-9 for Employment Eligibility Verification. As of this date, all employers must begin using the latest edition (edition date (7/17/2017) for all new-hire verifications. The new Form I-9 is available on the USCIS website. The revisions to the form were largely technical in nature. The specific modifications to Form I-9 have been documented in greater detail in a post we published on July 21. Contact Green and Spiegel today if you have any questions or concerns relating to Form I-9 or your company’s employment verification processes.

Attention Employers: USCIS Released New Form I-9, Use Mandatory as of Sept. 18, 2017

Matthew Galati and Andrew Clancy Rodgers

This week, USCIS issued a new Form I-9 (edition date: 7/17/2017) that all employers must begin using for new-hire verifications starting on or afte...

JUSTICE DEPARTMENT SETTLES IMMIGRATION-RELATED DISCRIMINATION CLAIM AGAINST PANDA EXPRESS

Andrew Clancy Rodgers

The Department of Justice recently announced that it had reached a settlement agreement with Panda Restaurant Group, Inc. (Panda Express) over the ...