Updated July 8, 2009
EMPLOYER COMPLIANCE
Our attorneys can help your business ensure that it is complying with its I-9 obligations and respecting its employees rights. We conduct on-site audits of business I-9 practices, conduct training and advise employers about effective policies for addressing social security and other government inquiries.
Article by Maria E. Andrade, A problem worth looking for: Immigration Related Employer-Investigations, Sanctions and Protection Plans,” The Advocate, official publication of the Idaho State Bar, vol. 51, issue (6/7), pages 19-25, June/July, 2008 (co-author, Hans C. Meyer).
DHS SAYS FEDERAL CONTRACTORS MUST USE E-VERIFY
On July 8, 2009, Secretary Napolitano declared that all federal contractors and subscontractors must use an electronic verification system known as “E-Verify” as a conditon of work under federal contracts. This rule is anticipated to go into effect on September 8, 2009 on all federal solicitations and contract awards. Click here to see the press release. Click here for more information about the E-Verify program.
The good news is that the government has backed away from the federal regulation designed to require employers to take certain steps in response to letters referred to as “Social Security No Match letters” which had been the subject of significant litigation that blocked the rule from ever taking effect.
I-9 TIPS FOR EMPLOYERS
In July of 2009, Immigration and Customs Enforcement issued hundreds of I-9 audit notices to employers accross the country. Click here for a list of tips for employers who have received I-9 audit notices form attorney Carl Shusterman.
NEW EMPLOYER HANDBOOK RELEASED
The USCIS released a new “Handbook for Employers: Instructions for Completing the Form I-9” (Book M-274) with an April 2009 revision date. The handbook discusses employer compliance, includes example documents and other guidance. Download the handbook here.
(ANOTHER) NEW I-9 FORM
Happy New Year!
The I-9 form is getting another face lift. Employers must use the new I-9 form by April 3, 2009 or face the possibility of penalties.
The United States Citizenship and Immigration Services (USCIS) changed the list of documents that an employer can accept to prove an employees identity and work authorization. On December 18, 2008, the USCIS issued an interim final rule to implement a new I-9 by February 2, 2009. The interim final rule effective date was later delayed pushing back the start date for the new I-9 to April 3, 2009.
Get a copy of the new form: Visit the USCIS website for a copy of the new form. The USCIS has issued a Questions and Answer Sheet to help employers understand the new form.
Summary of Changes to the Current I-9:
- Expired documents are no acceptable to prove identity or work authorization
- Eliminates from List A: The Temporary Resident Card, and older versions of the Employment Authorization Card / Document (I-688, I-688A, and I-668B)
- Added to List A: Foreign passports containing special machine-readable visas for certain citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall islands (RMI) and the new U.S. Passport Card
- Revises the employee attestation section of the form
Mark your calendar: For April 3, 2009. On or before that day all employers must use the new I-9 form.
SOCIAL SECRUITY NO MATCH LETTERS
SSA’s Overview of Social Security Employer No Match Letters Process —- July 8, 2009 update:The governmetn has recently rescinded its efforts to enforce the “No Match” regulations. See “DHS Says Federal Contractors Must Use E-Verify” (above)
National Immigration Law Center’s Social Security No-Match Letter Toolkit