Showing 5 posts in I-9.

Employer Beware: The Time to Use the New Form I-9 Is Now

On January 22, 2017 employers became obligated to use a new Form I-9, dated November 14, 2016.  Prior versions of the I-9 form are no longer valid.  You can find the new Form I-9 hereMore ›

Customs & Border Patrol Announces New Paperless Form I-94, with Implications for Employers

On March 27, 2013, the Customs and Border Patrol (CBP) issued a final interim rule describing its plans for introduction of a new, electronic Form I-94 Arrival/Departure Record for use at sea and air ports of entry. The Form I-94 is completed by all individuals lawfully entering the United States, and can be used by such individuals as evidence of alien registration, immigration status, and/or employment authorization. The paperless Form I-94 will be phased in at air and sea ports of entry beginning on April 30, 2013; individuals entering by land will continue to utilize paper Forms I-94. More ›

USCIS Issues new Version of Form I-9 for Immediate Use

On March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) published a new version of Form I-9, the Employment Eligibility Verification Form. As most employers are aware, Form I-9 must be used to verify the identity and employment authorization of all new employees. The new version of the Form I-9 (available for download by clicking here) can be identified by the date located at the bottom left-hand side of the form — the new Form I-9 shows the date “03/08/13.” More ›

USCIS Issues New Guidance on Work Authorization and I-9 Processing for Deferred Action Recipients

On June 15, 2012, the Department of Homeland Security announced the Deferred Action for Child Arrivals program (DACA). The program permits individuals who came to the U.S. as youth and who meet certain requirements to remain in the U.S. and to work, despite their undocumented status. The U.S. Citizenship and Immigration Service (USCIS) has now begun issuing Employment Authorization Documents (EADs) to participants in the DACA program. Therefore, on November 19, 2012, USCIS issued an important document providing guidance to employers on the treatment of such EADs and the processing of Forms I-9 in these cases. (EADs issued to DACA participants can be identified by the category shown on the card: "C-33".) The new USCIS document provides specific guidance regarding both new employees and existing employees, summarized below. More ›

DOJ Issues best Practice Advice for Employers Facing I-9 Audits

The Office of Special Counsel for Immigration-Related Unfair Employment Practice recently released advice on best practices for employers to use in response to audits by Immigration and Customs Enforcement (ICE). The Office of the Special Counsel specifically advises that employers need to effectively communicate with employees and unions to assure that the audit process is transparent and not discriminatory. To do this, employers should develop a uniform plan for informing all employees that the employer is subject to an ICE audit. Employers should provide all workers with a reasonable amount of time to correct discrepancies in their records identified by ICE and treat all workers in the same manner during the audit. This means that all workers with like discrepancies who are asked to present additional documents are provided with the same time frames and the same choice of Form I-9 documents to present. More ›

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