Employer Law Report

Tag Archives: I-9

Employer Alert: revised Form I-9 effective January 31, 2020

The U.S. Citizenship and Immigration Services (USCIS) has again released a new and updated version of Form I-9, the Employment Eligibility Verification document. Since November 1986, all U.S. employers have been required to complete and retain the Form I-9 for new employees. Effective January 31, 2020, employers should use the new Form I-9, available online in PDF format. The latest version of the Form I-9 is mandatory as of May 1, 2020, and it replaces the prior version in use since September 2018. You can identify the new version of the form by the date (10/21/2019) noted at the bottom-left …

Employer alert: Revised I-9 form required beginning Sept. 18, 2017

United States Citizenship and Immigration Services (USCIS) is again releasing a new and updated version of Form I-9, the Employment Eligibility Verification document. Since November 1986, all U.S. employers have been required to complete and retain the I-9 for new employees. The most recent version of the form went into effect on Jan. 22, 2017, but, for some unknown reason, USCIS is now issuing another version. This new version will be mandatory as of Sept. 18, 2017. The easiest way to identify the new form is by the date (07/17/17) noted in the bottom left corner; the prior version was …

Employer alert: Revised I-9 Form required beginning Jan. 22, 2017

USCIS recently released a revised version of Form I-9, the Employment Eligibility Verification document. Since November 1986, all U.S. employers have been required to complete and retain the I-9 for all new employees. Employers may continue using the I-9 form dated March 8, 2013 until Jan. 22, 2017, when the use of the revised form becomes mandatory. It remains a 3 page form, but there are minor revisions, including a separate supplemental page for a preparer/translator and an “additional information” box on page 2, but there is also a new user-friendly online PDF “smart” version of the form available at …

Form I-9 Remains Valid Despite August 31 Expiration Date

On Aug. 13, 2012, the U.S. Citizenship and Immigration Services (USCIS) announced that the most recent version of Form I-9 remains valid notwithstanding the OMB expiration date of Aug. 31, 2012 (located in the upper right hand corner on the form). Until further notice, the current form, which was last revised on Aug. 7, 2009 (located in the lower left hand corner), should continue to be used for new employees. USCIS published a proposed new form in March, and requested comments, but has not published the revisions in final form.

The Form I-9 must be prepared by new employees not later …

I-9 Interim Rule From 2008 Now Final

We previously reported on an interim I-9 rule from December 2008 (see U.S. Citizenship and Immigration Services Announces Revised I-9 Form).  Citizenship and Immigration Services now has finalized the interim rule. The final rule is effective May 16, 2011. As a practical matter, the final rule continues the provisions we discussed in this previous blog from two years ago. Employers therefore simply should continue to follow these provisions as they have for the past two years.

The Evolving Ramifications of I-9 Compliance

Investors likely gave no thought to I-9 compliance when buying shares in the Mexican fast food restaurant Chipotle. The Immigration and Customs Enforcement I-9 audits of the company’s restaurants that began late last year and are ongoing already have resulted in hundreds of allegedly unauthorized workers losing their jobs. That was just the beginning. With the ever-widening government investigations and audits of the company’s workforce, investors are starting to take notice. A report this week indicated that at least one investor intends to approach Chipotle about its workforce woes.

Clearly it’s too early to predict what impact the I-9 audits …

I-9-Related Enforcement Continues

The U.S. Department of Justice this week announced a settlement with Catholic Healthcare West and two subsidiaries over alleged document abuse violations related to hiring practices. The Justice Department determined that the employer violated the discrimination provisions of the Immigration Act by permitting native-born U.S. citizens to choose which documents to provide but demanding additional documents from non-citizens and naturalized citizens. While the law requires the employer to verify employment authorization, the employer may not discriminate against non-citizens or naturalized citizens.  The Justice Department alleged that by requiring additional documentation, the employer had crossed the line from verification to discrimination. …

Immigration and Customs Enforcement Continues I-9 Enforcement Efforts

Immigration and Customs Enforcement (ICE) announced this week that it will serve Notices of Inspection to 500 employers across the United States. According to ICE, the Notices stem from leads and other reports alleging the employment of unauthorized workers, payment of unfair wages or other unlawful working conditions. This new announcement confirms ICE’s intent to increase its worksite enforcement activities, as we reported last year (see October 7, 2009 posting). Employers that receive notices from ICE should contact experienced immigration employment counsel before the inspection. We can assist with an internal audit and advise on other proactive measures to …

I-9 Interim Rule from June 2006 now final and effective on August 23, 2010

The Department of Homeland Security announced a final rule this week that makes minor changes to the June 2006 interim rule concerning electronic storage of I-9 forms. The final rule is effective August 23, 2010. Please note that this final rule concerns only the preparation and storage of the actual I-9 forms. The online E-Verify system, which some employers may be using, is a separate system that employers may use in addition to, but not instead of, the basic I-9 process.

The June 15, 2006 Interim Rule

Since June 15, 2006, employers may prepare, sign and store I-9 forms electronically. …

U.S. Department of Homeland Security Rescinds Safe Harbor Regulation for Employers That Receive “No Match” Letters

On August 19, 2009, the Department of Homeland Security (DHS) announced that it was rescinding its August 2007 and October 2008 regulatory amendments concerning actions employers can take to benefit from "safe harbor" protection after receiving notification from DHS or the Social Security Administration that an employee’s reported work authorization or Social Security information does not match government records. In October 2007 a U.S. District Court in California preliminarily enjoined implementation of the regulations. Under the revised regulations, if employers took certain actions within prescribed timeframes, they could shield themselves from liability for allegedly employing individuals who lacked authorization to …

Employers Required to Use New I-9 Form As of Today – April 3, 2009

After a two-month delay for the Obama Administration to review the new form and related policies, today (April 3, 2009) marks the introduction of the yet another version of the I-9 form. Employers are required to use the new form to verify the employment eligibility of all newly hired individuals on or after today’s date  – April 3, 2009. 

There are two changes from the previous editions of the form. First, the last page of the form, which identifies acceptable documents, has some modified language and adds additional documents that can be accepted to verify employment eligibility in both List A (documents that …

New I-9 Form Implementation Delayed Until April 3, 2009

On Friday, January 30, 2009, USCIS announced that it was delaying the implementation of the new I-9 form and regulations published during the final days of the Bush Administration. On January 20, President Obama issued an executive order requiring review of all new regulations not yet effective.

Implementation of the new I-9 form, which for the first time requires new employees to distinguish between a representation of U.S. citizenship or non-citizen nationality and also reduces the number of acceptable documents, has been delayed for another 60 days. The new effective date for this form and the new requirements is April …

U.S. Citizenship and Immigration Services Announces Revised I-9 Form

On December 12, 2008, U.S. Citizenship and Immigration Services (CIS) announced an interim final rule to modify the Employment Eligibility Verification Form I-9. The new form will be effective 45 days from the date of the interim final rule. There are two major changes. The first is to limit the number of acceptable documents for verifying a new employee’s identity. The second is to prohibit accepting expired identification documents. Employers must complete and maintain the form for all employees hired after November 6, 1986. The new form should be available on the CIS website (http://www.uscis.gov/i-9) toward the end …

LexBlog