April 1, 2012

As of March, 27th United States Citizenship and Immigration Services has requested public comment on revisions to the Form I-9. Changes to the Form I-9 and supporting documentation may be downloaded via the docket summary.

The newest revisions to the Form I-9 include splitting the form into two pages with Section One and the Preparer/Translator portion on the first page, and sections Two and Three on the second page of the form. The increased length of the completed form are largely due to a combination of increased instruction, new field labels, and additional fields. Section One now includes the optional fields of email address and phone...

August 24, 2011

ANNOUNCEMENT: Keeping employers on their toes, USCIS has released a revised M-274 Handbook for Employers. The new version includes instructions for TPS auto extensions and clarifies the correct procedures for Refugees and Asylees. Further changes include additional information on EAD Cards and extra document samples such as the Micronesia and Marshall Island passports. For your reading pleasure, a copy of the newly revised Handbook for Employers can be found at: http://www.uscis.gov/files/form/m-274.pdf

August 23, 2011

It's always good to refresh our knowledge of I-9 compliance requirements. From time to time, EVRI will be posting events that help remind us of some of the pitfalls facing employers today. On August 22, 2011, a settlement was reached between the Department of Justice and Farmland Foods, Inc. (subsidiary of Smithfield Foods, Inc.) for allegations made by the Office of Special Counsel (OSC) that Farmland was violating the anti-discrimination provisions of the Immigration Reform and Control Act of 1986 by requesting additional documentation for non-U.S. citizens and foreign-born U.S. citizens during the I-9 process. As part of the Settlement Agreement, Farmland agreed to pay $290,400 in civil penalties. This is the highest civil penalty for anti-discriminatory practices paid through...

August 17, 2011

E-Verify Self Check has now expanded to 16 states across the country. This tool allows employees to check their work eligibility status and offers them a chance to clear any anomalies in E-Verify prior to finding new employment. It should be noted that employers cannot insist a candidate present the self check at any time as this could be construed as pre-screening. Self Check is now available to candidates whose current address is located in Arizona, California, Colorado, Idaho, Louisiana, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New york, Ohie, South Carolina, Texas, Utah, Virginia, Washington and District of Columbia. Self Check is offered in both English and Spanish.

July 22, 2011

I-9 Audits are growing exponentially. In a recent article published on Boston.com, a part of The Boston Globe, the emphasis was put on what is happening in the New England Area. There have been 14 investigations amounting to $285K in fines and penalties over the past fiscal year in New England . The audits were issued on various different industries from construction to manufacturing to cleaning companies and healthcare. There’s no telling who they will target now.

Companies can avoid potential fines and negative exposure by simply ensuring that I-9s must be kept in order and completed correctly. But there are other issues assessed during the audit and fine assessment stages. As noted by Bruce M. Foucart, head of investigations for ICE in New England, remember that the ICE...