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May 21 2020
Immigration

New Form I-9 Handbook for Employers released

The U.S. Citizenship and Immigration Services (USCIS) has released a new version of its Handbook for Employers: Guidance for Completing Form I-9 (publication M-274, revised 4/27/2020). The new Handbook for Employers highlights several updates based on the recently revised Form I-9. It also contains revised guidance, new content, clarifications, and stylistic changes. See the Table of…

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Apr 23 2020
COVID-19Immigration

Homeland Security extends some employment authorizations

The Department of Homeland Security issued a news release to address immigration-related challenges related to the pandemic. As a result, employers may have some leeway when updating expiring Form I-9 documentation of employees who used an I-94 as proof of authorization to work. The DHS indicates if an individual files for a timely extension, employment…

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Feb 11 2020
HiringImmigration

New Form I-9 released on January 31, 2020

U.S. Citizenship and Immigration Services (USCIS) finally updated Form I-9 and its accompanying instructions—both have a “10/21/2019” revision date in the lower left corner, although they weren’t released until January 31, 2020. Employers must use the updated version to verify new hires’ identities and employment eligibility no later than April 30, 2020. The changes are…

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Jan 28 2020
HiringImmigration

Q&A: Don’t ask for more documents than I-9 requires

Question: Can our company demand specific documents we want a new hire to produce in order to verify identity and employment eligibility? Answer: No. Demanding that new hires show you specific employment verification documents can expose your company to liability for “documentation abuse.” It’s considered documentation abuse under the federal Immigration Reform and Control Act…

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Oct 19 2017
CaliforniaHarassment & DiscriminationHiring

California Governor signs a slew of new legislation in 2017

The 2017 California legislative session has drawn to a close, and Governor Jerry Brown recently signed a slew of new bills affecting private employers. Below are the major employment-related bills that affect most California employers. All of them take effect on January 1, 2018. AB 168: Bans employers from asking job applicants about salary history…

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Aug 22 2017
HiringImmigration

Form I-9 revised on July 17, 2017

Employers must begin using the updated version to verify new hires’ identity and employment eligibility no later than September 18, 2017. The USCIS also updated the Handbook for Employers (M-274) to make it consistent with the new Form I-9 and accompanying instructions. All of the revised documents are available on the USCIS web page for…

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Jun 30 2017
Harassment & DiscriminationHiringImmigration

Requiring new hires to present specific IDs for I-9 costs employer $225,750

An employer in eastern Washington required all green card holders to present their Permanent Resident Cards when completing the Form I-9. The U.S. Department of Justice (DOJ) has announced that this employer has now agreed to pay a fine of $225,750 to settle discrimination charges. The employer also agreed to post workplace notices, train its…

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May 26 2017
HiringImmigration

A glitch in the system: Are you using the correct Form I-9?

On April 6, 2017, U.S. Citizenship and Immigration Services (USCIS) disclosed on its “what’s new” feed that an early version of the new Form I-9 contained an internal technical error. Then on April 17, the agency alerted the Society for Human Resource Management (SHRM) that some HR professionals are inadvertently using that bad form. Apparently,…

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Mar 07 2017
ImmigrationQ&A

Q&A: What to do if ICE contacts your business

Answer: ICE, the federal investigative arm of the Department of Homeland Security, typically would make contact with your organization by presenting an onsite warrant to search your premises, or by giving verbal or written notice of an audit of your I-9 forms. If ICE contacts you, inform your Vigilant employment attorney or other legal counsel…

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Feb 21 2017
HiringImmigration

Employer fined more than $109,000 for Form I-9 violations

Employment eligibility verification and immigration law: As an employer, have you ever done the following? (1) Stapled a copy of a new hire’s identification documents but didn’t actually fill out the Form I-9; (2) Didn’t complete a Form I-9 within three business days of hire; or (3) Didn’t retain I-9 forms for former employees more…

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Sep 01 2016
HiringImmigration

Increased penalties for immigration related violations now in effect

The U.S. Department of Justice (DOJ) has published a rule change, effective August 1, 2016, that substantially increases the possible penalties for immigration related violations. Although the change took effect on August 1, it allows the agency to issue the higher fines for any violations that occurred after November 2, 2015. This rule change may…

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Feb 11 2014
Immigration

E-Verify improves detection of SSN fraud

The agency will use a combination of algorithms, reports, and analyses to look for instances of valid SSNs that appear to have been stolen or purchased. For example, an employer checking a Social Security card might not notice a problem, as long as the name and number match the Social Security Administration’s database. But if…

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