Latest Updates on the New Form I-9

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Human Resources, I-9, Legal Updates

Don’t forget to start using the new Form I-9 for all new employees and any Section 3 reverifications starting on January 22, 2017.

Here are the most important recent updates about the form:

Employer Fines of $75,600 Relating to I-9 Violations Upheld

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Audit, I-9, ICE, Immigration Compliance, OCAHO

In Buffalo Transportation, Inc. v. USA, the 2^nd U.S. Cir. Court of Appeals upheld $75,600 in civil penalties assessed by the Office of Chief Administrative Hearing Officer (OCAHO) in an I-9 case.

ICE audited the I-9 forms of this employer and found 138 substantive I-9 violations.  The main violations related to failing to properly prepare or present Forms I-9 or failing to complete the I-9s timely (within three days of hiring). ICE levied fines of $935 for each violation. 

Employers: An Expired Employment Authorization Document Might Become a Commonly Accepted List A Document for Form I-9

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I-9

USCIS has published a new rule which aims to improve certain aspects of employment-based immigration.

This rule will automatically extend the validity of Employment Authorization Documents (EADs or Form I-766) for certain individuals who apply on time to renew their EADs in the same employment eligibility category.

Are You Ready for the New “Smart” Form I-9?

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I-9

USCIS has advised that it will publish the revised Form I-9, Employment Eligibility Verification, by November 22, 2017. Employers may continue using Form I-9 dated 03/08/2013 through Jan. 21, 2017.

Employers must be ready to start using the new Form I-9 by Jan. 22, 2017.   Will you be ready? We will be providing updates and learning opportunities for you on this topic.   Stay tuned. 

Employer Ordered to Pay Penalties of $56,150 for I-9 Violations

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Audit, I-9, ICE, Immigration Compliance, Notice of Inspection, OCAHO

In U.S. v. Solutions Group International, LLC, OCAHO ordered the employer to pay $56,150 in penalties after accounting for some mitigating factors.

After Immigration and Customs Enforcement (ICE) served a Notice of Inspection, the employer, Solutions Group, was unable to produce some I-9 forms and, as to the forms produced, ICE found various sections out of compliance.

ICE filed a two-count complaint for: failure to prepare/present I-9 forms and failure to properly complete Section 2.   ICE assessed a baseline fine of $935 per violation.  It also aggravated the penalties by 5% each for lack of good faith and the seriousness of the violations.  ICE sought $86,398 in penalties.

The Court agreed with some of Solutions Group defenses but also held that the government met its burden in proving that the employer was liable for eighty-four I-9 violations.  Thus, the Court ordered the employer to pay $56,150 in fines for I-9 violations.

This is another example of the importance of proactive audits.   Some of the violations could have been corrected if this employer would have engaged in a proactive guided audit.

New Form I-9 to be Published on 11/22/16

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I-9

Current Form Valid Until January 21, 2017

We recently shared a variety of updates regarding the new Form I-9 that was approved by the Office of Management and Budget in August. Earlier this week, it was announced that USCIS will publish the new form on November 22, 2016.

Employers may continue to use the current version of the Form I-9 until January 22, 2017. After that date, any information obtained on an old Form I-9 will be considered invalid.

September 2016 Immigration Bulletin is Out!

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H-1B Visa, I-9

My September Immigration Bulletin went out this morning. This issue provides several updates on issues such as the new I-9 form, a new rule proposed by DHS, and DOL Labor Certification FY2016 stats. Click here to see the online version.

To sign up to receive my Immigration Newsletter, click here.

Compliance Alert: New Form I-9 Clears Review Process

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I-9

Earlier this week, the latest revisions to the Form I-9 were approved. The new form will soon be released to the public.

The current Form I-9 expired on March 31, 2016, but employers have had to continue to use the expired form until the proposed revisions were approved.

I-9 Verification and Automatic EAD Extension for TPS Holders

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EAD, I-9

The DHS may designate a country for Temporary Protected Status (TPS) when it has determined that conditions in that country would result in a threat to the personal safety of individuals if they returned home (i.e.  armed conflict, epidemic, or earthquake). Citizens of that country in the U.S. can apply for TPS status.

Currently, several countries have been designated for TPS including:

USCIS continues to seek public comments on proposed changes to Form I-9

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I-9

Public comments may be submitted until April 27, 2016. In response to the public comments already received, USCIS has already made changes to the proposed new form including:

• Validations on certain fields to ensure information is entered correctly;
• Drop-down lists and calendars;
• Embedded instructions for completing each field;
• A dedicated area to enter additional information that employers are currently annotating in the margins;
• A quick-response (QR) code that generates once the form is printed to facilitate audits; and
• Removing the requirement that foreign nationals provide both their Form I-94 number and passport information in Section 1.

Employers should continue to use the current version of the Form I-9 until the new proposed version is finalized and approved.  USCIS will post the final version on its website.