Employment Verification Compliance (including I-9s, E-Verify, and Enforcement)

On March 16, 2020, the American Immigration Lawyers Association (AILA) sent a letter to the Acting Secretary of the U.S. Department of Homeland Security seeking guidance regarding employer I-9 Employment Eligibility Verification requirements during the Coronavirus (COVID-19) public health emergency.

In the letter, AILA requested guidance regarding “Form I-9 verification and reverification, E-Verify and compliance

** As of March 25, 2020, USCIS has updated its temporary closures described below and has extended the suspension of in-person services to April 7, 2020. **

In an effort to slow the spread of COVID-19, USCIS announced temporary office closures effective March 18, 2020.  USCIS is suspending all in-person services at its field offices,

Today, Jan. 31, 2020, USCIS published the long awaited new version of the Form I-9, Employment Eligibility Verification for immediate use.  The Department of Homeland Security (“DHS”) published a notice today in the Federal Register announcing the official release of the new version of the form, as approved by Office of Management and Budget on

As you (should) know, the current edition of the Form I-9 expired on August 31, 2019.  USCIS has decreed that, until further notice, employers should continue using this 2017 edition of the Form I-9 (annotated with “Form I-9 07/17/17 N” in the lower left corner and “Expires 08/31/2019” in the upper right corner) until further

In March 2019, the Social Security Administration resumed issuance of Employer Correction Request Notices, commonly referred to as “Social Security No-Match Letters.”

The No-Match Letters are being sent to businesses throughout the country that are identified as having a name and Social Security Number (SSN) combination submitted on wage and tax statement (Form W-2) that

E-Verify has resumed operations following the government shutdown.  This federal government system used by many employers to confirm eligibility of employees to work in the United States had been closed during the 35-day shutdown.

While enrolling in E-Verify is mostly voluntary, once an employer is enrolled in E-Verify, it is critical to follow the rules

The co-chairs of Fox Rothschild’s Immigration practice group will be making presentations in many Fox offices on Immigration Compliance: What Employers Need to Know over the next few months. These presentations include an overview of immigration and workplace compliance, including Form I-9 and government inspections.

Topics:

  • Specifics about executing the I-9 under current rules
  • Documenting

Employers large and small need to understand how immigration policy updates and enforcement affect their workplace compliance status. In a time of ramped-up government inspections, lack of preparation or information can leave businesses facing penalties. In fact, common structural changes like mergers, reorganizations, downsizing, relocations and layoffs require employers to reassess documentation for visa-holding employees

Is your company I-9 compliant or complicit?  With governmental workplace audits and raids on the rise, all businesses must be extra vigilant their I-9s are compliant.  Failure to comply subjects a company to massive fines and possible criminal prosecution.  Our attorneys have tremendous expertise auditing hundreds of thousands of I-9s, conducting training for human resource

ICE workplace audits are on the rise.  And if you didn’t know, the federal government and California are not harmonious in their views on immigration issues. That means that ICE raids on California employers are likely to continue, especially in target industries such as hospitality, construction, agriculture, tech, and manufacturing. And if you want to