DHS recently issued a new I-9 form. This new version is mandated starting May 1. The old form expired last year and DHS had temporarily extended its validity. The new form is essentially the same as the older version. DHS made minor technical updates to the instructions. All of the pre-existing I-9 rules and regulations remain intact. The new I-9 form can be found at:  https://www.uscis.gov/i-9
Continue Reading DHS Issues New I-9 Form — Required by May 1 for New Hires and Reverifications

California Assembly Bill (AB 450) is a bold move by the State Legislature to enter the I-9 arena – an area that has long been recognized as within the domain of the federal government. The Bill was signed by Governor Jerry Brown in October 2017 and becomes law on January 1, 2018.

The Bill amends the state Labor and Government codes and requires California employers to perform various notifications to their employees if U.S. Immigration and Customs Enforcement (ICE) audits the company’s I-9’s.
Continue Reading A Solution in Search of a Problem: The California Legislature Imposes Duties for Employers When ICE Audits Your I-9s

USCIS announced on September 5, 2017, that they are phasing in a rescission of the Deferred Action for Childhood Arrivals program (DACA). The DACA program began in 2012 and granted temporary status and work permits to the “dreamers” who came here as children without visas. Here’s a summary of how the new rules will impact your employees that have DACA status:
Continue Reading The Rescission of DACA – A Quick Overview of How This Impacts Your DACA Employees

On July 17, 2017, U.S. Citizenship and Immigration Services (“USCIS”) issued a revised Form I-9. The new form must be used by September 18, 2017.

The revised form has only one substantive change. A new List C Document was added as an acceptable document – a Consular Report of Birth for a U.S. citizen who was born abroad.

The new I-9 form can be accessed here.

Employers must maintain a completed Form I-9 on file for every employee on their payroll who was hired after November 6, 1986 and for terminated employees during the required retention period. The purpose of the Form I-9 is to require the employer to establish the employee’s identity and authorization to work in the U.S.
Continue Reading USCIS Issues New I-9 Form: Commentary and I-9 Checklist for Employers

On November 14, 2016, U.S. Citizenship and Immigration Services (“USCIS”) issued a revised Form I-9.  The prior Form I-9 which has a 2013 revision date, may only be used until January 21, 2017.  Employers should transition to using the new I-9 as soon as possible.  Immigration & Customs Enforcement (“ICE”) requires use of the new I-9 no later than January 22, 2017.

Employers must maintain a completed Form I-9 on file for every employee on their payroll and for terminated employees during the required retention period.  The purpose of the Form I-9 is to require the employer to establish the employee’s identity and authorization to work in the U.S.


Continue Reading USCIS Issues Updated Form I-9 With New Features

On June 26, 2014, in Salas v. Sierra Chemical Co., the California Supreme Court held that undocumented immigrants who fraudulently obtained employment still may pursue retaliation and discrimination claims under the California Fair Employment and Housing Act (FEHA).  In its decision, the Court also found that the affirmative defenses of unclean hands and after‑acquired evidence, which typically can limit an employee’s ability to obtain relief, are not complete defenses to FEHA claims brought by undocumented workers.  Under the Court’s ruling, employees who used false documentation to obtain employment not only may bring such a lawsuit but also can recover lost wages, emotional distress damages and attorneys’ fees, even if they actually were never legally entitled to work for the employer.
Continue Reading Undocumented Workers May Pursue Claims Under California’s FEHA, So Says The California Supreme Court

On November 19, 2009, U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton announced the issuance of Notices of Inspection to 1,000 U.S. employers and business owners whose hiring records (Forms I-9) ICE plans to audit. Compared to previous years, this is a tremendous increase in ICE’s effort to actively deter unlawful employment practices and to uncover illegal alien workers. These workplace audits have already led to significant fines and debarment to the employers, as well as detention and deportation of illegal workers.


Continue Reading ICE Announces 1,000 New Workplace I-9 Audits

On June 26, 2009, the United States Citizenship and Immigration Services announced that the current Employment Eligibility Verification Form I-9 (Rev. 02/02/09) linked below will remain valid for usage beyond its current expiration date of 06/30/2009 by employers in verifying the employment eligibility of employees.


Continue Reading Form I-9 Remains Valid Beyond Current Expiration of 06/30/2009

On January 30, 2009, the United States Citizenship and Immigration Services announced a 60-day implementation delay, until April 3, 2009, of the interim final rule entitled "Documents Acceptable for Employment Eligibility Verification" published in the Federal Register on December 17, 2008.  As drafted, the interim rule strictly defines what are acceptable identity and employment authorization documents for employers to use in completing the requisite I-9 employment eligibility verification process.  The implementation delay allows USCIS and DHS to further consider the rule’s wide–ranging practical impact on both employers and employees.


Continue Reading Delay to Form I-9 Employment Verification Changes and Mandatory E-Verify Usage by Federal Contractors

Through increased fines and a proposed regulation defending its "no-match letter" program, the federal government continues to enforce the prohibition against illegal employment.  Earlier this year, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) increased civil fines for employers that violate immigration laws.  The increased penalties are the result of an "inflation adjustment," the first since 1999.  These regulations target employers that knowingly employ unauthorized aliens or violate specified acts pertaining to the employment eligibility verification process (Form I-9).


Continue Reading While The Federal Government Remains Serious About Immigration Enforcement, Its “No-Match Letter” Program Remains In Limbo

Update to our Nov. 8, 2007 blog entry.  As published in the Federal Register on November 26, 2007, United States Citizenship and Immigration Services (USCIS) introduced a newly amended Form I-9 for verifying the identity and employment authorization of newly hired employees.  After December 26, 2007, employers who fail to use the newly amended Form I-9 may be subject to applicable civil penalties as enforced by U.S. Immigration and Customs Enforcement (ICE) of the DHS.


Continue Reading Transitioning to the New I-9 Form by December 26, 2007