The Department of Homeland Security (DHS) has issued yet another update to the Form I-9, Employment Eligibility Verification. This new version becomes mandatory for use with new hires and reverifications as of September 18, 2017.  This is the thirteenth revision of Form I-9 in the thirty years since the form was first required. The good...… Continue reading this entry
Employment Authorization Issues Arising From Corporate Restructuring American business experienced a near record number of mergers and acquisitions in 2016, and this trend is likely to continue in 2017. Such corporate transactions raise a number of legal issues, including employment issues.  During its due diligence review, the buyer considers whether the seller’s workforce is covered by collective bargaining agreements, what benefits are … Continue reading this entry
DHS to Issue New I-9 Form Following Recent Penalties Just when employers were becoming more comfortable with the complex and lengthy Form I-9, Employment Eligibility Verification that was issued in 2013, the federal government has decided to turn up the heat. First, the Department of Homeland Security (DHS) and the U.S. Department of Justice recently increased the penalties for I-9 violations. Second, DHS has announced that … Continue reading this entry
DHS Extends Time Period for STEM OPT Employment Authorization As of May 2016, the Department of Homeland Security (DHS) has expanded the time period during which a foreign student with a degree from a U.S. university in a science, technology, engineering, or mathematics (STEM) field may work as a trainee. American companies sometimes struggle to fill specialty jobs requiring STEM degrees, and foreign students … Continue reading this entry
High Fines Continue to Provide “Additional Motivation” for I-9 Compliance Although Immigration and Customs Enforcement (ICE) has recently eased off of its record pace for commencing new I-9 inspections, employers can take no comfort. ICE continues to use these inspections as a key enforcement tool to build a “culture of compliance” among employers, as shown by a recent decision issued by an administrative law judge (ALJ) … Continue reading this entry
DHS Proposes Changes to E-Verify Program: I-9 Revivifications and FNC Formal Reviews As employers continue to enroll in the E-Verify program at a high rate, the United States Department of Homeland Security (DHS) is considering various changes to this key program. Some of these changes place additional obligations on the employer. E-Verify is DHS’s internet-based system through which employers may electronically verify the employment eligibility of newly hired … Continue reading this entry
Avoiding Fines by Starting the I-9 Process Early. Just Not Too Early… As we have noted in prior posts, Immigration and Customs Enforcement (“ICE”) has been aggressively pursuing I-9 inspections and imposing record fines (about $12.5 million per year) as part of its multi-year strategic plan. Employers should not turn a blind eye to this uptick in enforcement activity and would be wise to fight back by … Continue reading this entry

The United States Department of Homeland Security (“DHS”) has been very successful in increasing the number of employers that participate in the E-Verify program. As of late January 2014, over 500,000 employers are enrolled and approximately 1,500 employers enroll each week. E-Verify is DHS’s internet-based employment authorization verification program. Participating employers complete an E-Verify case … Continue reading this entry

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