The Form I-9 and Immigration Issues Resource Center can be used as a tool to help subscribers comply with the Form I-9 process, as well as various immigration policies and requirements, such as the Deferred Action for Childhood Arrivals (DACA). Bookmark this page for future reference and be sure to check for updates often.
For a full list of documents covering Form I-9, view our other tools and services below.
US Customs and Border Protection (CBP) has started automating the Form I-94 process for travelers applying for admission to the US at air and sea ports of entry. Instead of receiving a paper Form I-94, a traveler will now receive a CBP admission stamp on his or her travel document.
Employers seeking to hire individuals on an H-1B visa will have to wait until next April to file a petition.
The wait for the new Employment Eligibility Verification Form I-9 (Form I-9) is finally over. On March 8, 2013, the United States Citizenship and Immigration Services (USCIS) released the new version of the Form I-9.
An employer's ignorance of the Form I-9 verification process is not a valid excuse for noncompliance.
Last week Illinois joined Washington, New Mexico and Utah to become the fourth state to enact a law that allows illegal immigrants to obtain driver's licenses.
On January 29, two days after the bipartisan proposal for immigration reform, the Immigration Innovation Act was introduced by another group of bipartisan senators.
Just one week after President Barack Obama's second inaugural address wherein he declared his views on immigration, a bipartisan group of eight senators on January 27 agreed on a proposed framework for comprehensive immigration reform.
On January 18, 2013, the US Citizenship and Immigration Services (USCIS) updated its frequently asked questions (FAQs) regarding the Deferred Action Childhood Arrivals (DACA) program.
On December 19, 2012, a challenge to portions of the Oklahoma Taxpayer and Citizen Protection Act of 2007 (HB 1804) was finally settled.
Three more mandatory E-Verify measures will take effect on January 1, 2013 in North Carolina, Tennessee and Pennsylvania respectively.
As a result of investigations and audits conducted by the United States Immigration and Customs Enforcement's (ICE) Department of Homeland Security Investigations (HSI), several Massachusetts employers were fined a total of $349,619.54 for fiscal year 2012 for Form I-9 violations.
United States Citizenship and Immigration Services (USCIS) recently released much anticipated guidance for employers on how to comply with the Form I-9 process for deferred action recipients. In particular, the fact sheet identifies an employer's obligations during the Form I-9 process in order to verify those individuals' authorization to work in the US. Before now there was little to no guidance for employers on verifying deferred action recipients eligibility to work.
United States Citizenship and Immigration Services is arming employees with information, a warning to employers to comply with immigration laws and E-Verify requirements.
On September 28, 2012, President Obama signed into law S. 3245, which extends the authorization of the E-Verify program, along with three other immigration programs, to September 30, 2015. The E-Verify program was due to expire at the end of September 2012.
The United States Citizenship and Immigration Services announced that until further notice employers should continue to use the current version of the Employment Eligibility Verification Form I-9 which is due to expire on August 31, 2012.
On August 15, 2012, the United States Citizenship and Immigration Services (USCIS) began accepting requests for consideration of deferred action for childhood arrivals. The deferred action program applies to young individuals who were brought into the United States as children and who meet certain criteria in order to be considered for relief from removal from the United States or from entering into removal proceedings.
The Supreme Court has now ruled on several provisions of Arizona's Immigration Law in Arizona, et al. v. United States, 2012 U.S. LEXIS 4872 (June 25, 2012). In a 5-3 decision, the Court struck down three provisions while upholding one.
On Friday, June 15, 2012, the Secretary of Homeland Security, Janet Napolitano, issued a memorandum announcing that effective immediately, young individuals who were brought into the United States as children and who meet certain criteria will be considered for relief from removal from the United States or from entering into removal proceedings.
Relying on the Supreme Court decision in Arizona, et al. v. United States, the 11th Circuit Court of Appeals recently issued decisions regarding the immigration laws in Georgia and Alabama.
In order to comply with the Immigration Reform and Control Act employers must verify the identity of their employees and that the employees are authorized to work in the US. Follow the steps in this How To to verify an employee's eligibility to work during the Form I-9 process.
An employer may use this checklist to ensure they understand the Form I-9 process, obtain the correct documents to establish employee identity and to minimize liability regarding worksite enforcement.
One way for employers to verify the information entered by employees on the Form I-9 is to submit the information through the federal electronic verification system called E-Verify. This quick reference chart outlines an employer's responsibilities when using E-Verify.
Employers must comply with the Immigration Reform and Control Act (IRCA), which requires that employers verify the identity of their employees and that the employees are authorized to work in the US. Employers can use this chart to avoid the civil and criminal penalties that can be incurred by hiring an unauthorized worker.
The Immigration Reform and Control Act of 1986 (IRCA) was enacted to control unauthorized immigration to the US. Under the IRCA, employers may be sanctioned by the United States Citizenship and Immigration Services (USCIS) for knowingly hiring non-US citizens who are not authorized to work in the US. The IRCA was created primarily to discourage employers from hiring undocumented foreign nationals (aliens). This Legal Insight outlines the pertinent provisions that affect how all employers recruit, consider, and hire not only foreign nationals, but all applicants for employment, including US citizens.
Having an authorized workforce is a must. US Immigration and Customs Enforcement (ICE) has recently escalated its enforcement efforts and employers should be proactive by improving and enhancing their compliance programs and policies. If an employer does not properly comply with the Form I-9 process it could find itself exposed to serious civil and potentially criminal penalties.
To comply with Form I-9 requirements, many employers are enrolling in the E-Verify program to verify their new employees' authorization to work in the US. However, simply enrolling in E-Verify does not shield employers and they must properly comply with all E-Verify requirements.
Moreover, with the recent implementation of the Deferred Action for Childhood Arrivals program and recent court decisions regarding "show me your papers" state laws, employers must stay abreast of developments in immigration law to ensure an authorized workforce and prevent discrimination against foreign workers otherwise entitled employment.
Accordingly, this resource center was created to assist employers in finding helpful, up-to-date information on Form I-9, E-Verify and immigration law developments.
We will continually update this resource center, so be sure to check back often for new information. In addition, we welcome your feedback, so please feel free to email me at melissa.silver(at)xperthr.com with any suggestions you have.
Melissa A. Silver, J.D., Legal Editor
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