Forms I-9

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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

The USCIS announced on November 7, 2007, that a new Form I-9 and a revised version of the "Handbook for Employers, Instructions for Completing the Form I-9" are now available. The significant revision to the Form I-9 is the removal of several "List A" documents which previously could be used for proof of both identity and employment eligibility. The omitted documents include: Certificate of U.S. Citizenship (Form N-560 or N-570); Certificate of Naturalization (Form N-550 or N-570); the Alien Registration Receipt Card (Form I-151); the Reentry Permit (Form I-327); and the Refugee Travel Document (Form I-571). The government had previously indicated that several of these forms were no longer sufficient, so the update is not a surprise.Continue Reading New I-9 Form Issued

Last year, the Social Security Administration issued "no-match" letters to approximately 120,000 employers nationwide, reporting non-matching social security account numbers relating to approximately 7.3 million employees. For privacy reasons, the letters do not identify the names of the employees to whom the numbers relate. The non-matching numbers are detected by SSA in processing W-2 forms filed annually by workers and their employers.
Continue Reading DHS Issues Proposed Rule Governing SSA No-Match Letters

Effective April 29, 2005, employers may store Forms I 9 electronically.

All U.S. employers are required to verify the identity and work eligibility of all employees, including U.S. citizens. Form I 9 is the form used to document this verification. Forms I 9 must be retained for three years after the date of hire or one year after the date of employment is terminated, whichever is later. Recruiters or referrers for a fee are required to retain Forms I 9 for three years after the date of any hire in which they were involved. Failure to properly complete and retain the Forms I 9 subjects employers to civil penalties ranging from $100 to $1,100. Prior to April 29, 2005, employers’ choices for retaining Forms I 9 were paper, microfilm or microfiche.
Continue Reading Electronic Storage and Signature of Forms I 9: Interim Guidelines Are Issued