With the Trump Administration’s renewed focus on immigration, many companies are asking what to expect, and how to respond to a potential raid on their facilities by Immigration and Customs Enforcement (“ICE”). As enforcement activities continue to unfold, employers should take proactive steps to prepare for possible ICE visits or audits.Continue Reading ICE Raids in the Workplace – Preparation and Response
On August 1, 2023, the Department of Homeland Security (“DHS”) released a new Form I-9. The previous one was issued in 2019 and expires on October 31, 2023. Continue Reading DHS Releases New Form I-9 and Video Verification Procedure: Guidance and Checklists for Busy Employers
The Department of Homeland Security (“DHS”) announced on July 21, 2023 they will publish a revised version of Form I-9 on August 1, 2023. DHS also announced an enhanced remote verification flexibility using video for E-Verify employers, both for clean-up of I-9s created during the pandemic and going forward.Continue Reading DHS Announces New Form I-9 and Remote Verification for E-Verify Employers
The Department of Homeland Security (“DHS”) announced on May 4, 2023 a planned end to the COVID-19 remote I-9 flexibility. The flexibility ends on July 31 and prior pandemic I-9s must be remediated by Aug 30, 2023. Therefore, employers should act quickly to review and remediate I-9s that were verified remotely in the past three years.Continue Reading ICE Announces July and August Deadlines for Employers: Preparing for the DHS Planned Sunset of the COVID Pandemic Remote I-9 Verification Accommodations
The Department of Homeland Security (“DHS”) announced on October 11 that employers should continue to use the current I-9 form after the October 31, 2022, expiration date.Continue Reading DHS Announces That Employers Should Continue to Use the Current I-9 Form After the Oct 31, 2022, Expiration
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