June 25, 2014

I-9 Inspection Primer

An investigation arises when the employer receives a Notice of Inspection (NOI). The employer has three days to produce the original I-9 forms (or pdf’s and audit trail if using a software program). The government agency conducting the investigation will inspect the forms looking for suspect documents and discrepancies. This includes not only the knowing hire or continued employment of unauthorized employees.

If technical/procedural and/or substantive discrepancies are found on the I-9s, the employer has 10 days within which to correct any technical/procedural errors and/or provide an explanation for a substantive violation. If willful disregard or other failure is alleged, a Notice of Intent to Fine (NIF) and/or a warning notice is issued. The...

May 15, 2014

Permanent Resident re-verification

Does the employer need to re-verify work authorization when the employee’s Permanent Resident Card presented for the I-9 has now expired?

This question is more common than you may think and is a common mis-practice that must be avoided. Re-verification of an expiring Permanent Resident Card is considered a discriminatory practice and subject to penalties and fines.

In a recent case involving a supermarket food chain, Mexico Foods LLC (a/k/a El Rancho Corp.), the U.S. Citizenship and Immigration Service referred a case of potential discrimination to the Justice Department. The initial investigation focused on the unlawful practice of requiring individuals with permanent residence status to re-verify with specific work...

April 22, 2014

Section 2 - use the local hiring address

Per new guidance from I-9 Central an employer should use the LOCAL address of the hiring site and NOT the company headquarters address for identifying the company's location in Section 2 of the Form I-9.

If there are multiple company locations then each site should be using their own address in Section 2.

Note the guidance wording is "...should use..." and not "...must use.."; your company may wish to consult with counsel to determine appropriate action, if any, for your company.

This latest guidance is available for review at http://www.uscis.gov/i-9-central/whats-new.

EVRI is available to answer any...