Articles Posted in I-9 compliance

The Form I-9, Employment Eligibility Verification as published is marked to expire on March 31, 2016. Employers should continue to using Form I-9, Employment Eligibility Verification until further notice, no replacement has been published. USCIS will provide updates about the new version of Form I-9 as it becomes available.

Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens.

Source of Information:

The U.S. Department of Homeland Security has updated Form I-9. Please see below for a review of all of the new revisions to Form I-9, Employment Eligibility Verification.

Section 1 – Employee Information and Attestation

1. Employees must complete and sign Section 1 of Form I-9 no later than the 1st day of employment

The U.S. Citizenship and Immigration Services (USCIS) is offering free online Web Seminars (Webinars) on the revised form I-9, which is used for Employment Eligibility Verification. Please see the schedule for the month of April below. There are at least three more webinars available. All you need to do is sign-in 15 minutes before the schedule time and you are ready.

The Revised Form I-9 Webinars will cover an overview of the process and includes step by step instructions of how to complete the form.

FREE Revised Form I-9 Webinars

Recent investigations and raids make it clear that I-9 enforcement is a top priority to the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE). ALL employers must accurately complete I-9 forms for all new employees; therefore, it is imperative that your company has an organized and meaningful audit system in place, to assure compliance with the law. If your company is in need of assistance in getting your I-9 forms into compliance, you should contact a qualified, experienced immigration attorney.

Under the Immigration Reform and Control Act of 1986 (IRCA), all employers must verify that every person that is hired is either:

– A U.S. citizen – A lawful permanent resident – A foreign national with authorization to work in the U.S.

Workers and Worker Advocates – Learn more about Employee Rights!

The new Employee Rights Webinar will help you help others to understand their rights in the Form I-9 and E-Verify processes.

USCIS and the DOJ Civil Rights Division are co-presenters of this free live webinar that explains employee rights and employer responsibilities in the employment eligibility verification process. This webinar also includes a review of Self Check and materials to educate and assist workers. Don’t forget to view and download the creative resources in the Employee Rights Toolkit to share with those you serve.

A Kansas corporation agreed to plead guilty Wednesday to an immigration charge after a federal investigation showed that the manager of one of its McDonald’s restaurants in Wichita was an illegal alien. This announcement was made by U.S. Attorney Barry Grissom, District of Kansas.

This guilty plea agreement resulted from an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), with the assistance of the Social Security Administration’s Office of Inspector General.

McCalla Corporation, a McDonald’s restaurant franchisee with offices in Wichita, was charged Oct. 31 with one felony count of knowingly accepting a fraudulent identification document offered as proof that an employee was eligible to work. As part of the plea agreement, the corporation agreed to pay a $300,000 fine, and an additional $100,000 forfeiture judgment.

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, August 31, 2012. Act now and submit your questions!

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, August 17, 2012. Act now and submit your questions!

There are three potential “hot spots” for audits and investigations for the government related to the immigration and nationality laws. The first has to do with the documentation that the employer is required to maintain in connection with the H-1B nonimmigrant professional and specialty and occupation worker visa. The second area of potential audit concerns the employer’s obligations under the Immigration Reform and Control Act of 1986 (“IRCA”) [Pub. L. No. 99-603, 100 Stat. 3359] (known to HR Professionals as the “I-9 Process”). The third area of audit surrounds the Labor Certification Application Program called, “Permanent Electronic Review Management” (“PERM”).

Each of the foregoing government programs anticipates compliance through “audit”. Even a rudimentary understanding of the complex documentary requirements for each of these programs can help an employer avoid potential liability.

It appears clearly to be the case that immigration-related programs that are undertaken by employers may be subject to either directed and/or random government audits from the DHS and/or the DOL. Failure to adequately comply with government regulations can result in penalties. The employer’s familiarity with the intricacies of the auditing and compliance are likely to save a considerable amount of both time and money.

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, July 20, 2012. Act now and submit your questions!