IMMIGRATION OBLIGATIONS FOR EMPLOYERS

 

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.

CURRENT I-9

As of January 22, 2017, all employers must use the 11/14/16 version I-9 for all future hires. Some of the changes on the I-9 include:

  • The addition of prompts to ensure information is entered correctly.
  • The ability to enter multiple preparers and translators.
  • A dedicated area for including additional information rather than having to add it in the margins.
  • A supplemental page for the preparer/translator.

Employers have had to complete the I-9 Form for all new hires after November 1986 when the Congress passed the Immigration Reform and Control Act (IRCA).

EMPLOYER HANDBOOK

All employers should have the USCIS issued Handbook for Employers. It includes detailed instruction for employers charged with verifying that their employees are work authorized, while steering clear of rejecting authentic documents.   https://www.uscis.gov/i-9-central/handbook-employers-m-274

I-9 TIPS FOR EMPLOYERS

Over the last few years, U.S. Immigration and Customs Enforcement has issued hundreds of I-9 audit notices to employers across the country.  Click here for a list of tips for employers who have received I-9 audit notices form attorney Carl Shusterman.  Recent guidance for responding to an I-9 Audit prepared by the American Immigration Lawyers Association Verification and Documentation Liaison Committee can be found here.

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).

FEDERAL CONTRACTORS AND E-VERIFY

On July 8, 2009, Secretary Napolitano declared that all federal contractors and subcontractors must use an electronic verification system known as “E-Verify” as a condition of work under federal contracts.  This rule went into effect on September 8, 2009 on all federal solicitations and contract awards. Click here for more information about the E-Verify program. USCIS has also published an E-Verify User Manual for Federal Contractors.