Category: E-Verify


USCIS Releases New Employment Eligibility Verification Form I-9

March 8th, 2013 — 3:50pm

On March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) released the official, newly revised Form I-9.

Employers are required to use the Form I-9 to verify the identity and the employment eligibility of their newly hired employees hired after November 1986.

What is Different in the new I-9?

USCIS has finalized the new form with the following major changes:

  • New data fields, including employee’s foreign passport information, telephone and email address;
  • Clarifying the form’s instructions; and
  • Revising the layout of the form and expanding it from one to two pages.

Form I-9 Revision Date

The new, revised Form I-9 will contain a revision date of “(Rev. 03/08/13)N.”  Employers should begin using this new form immediately.

Employers will have a 60-day grace period, until May 7, 2013, to comply by using the new form.  After May 7, 2013, employers who fail to use this new form may be subject to penalties imposed under the Immigration and Naturalization Act.  These provisions, as usual, would be enforced by Immigration and Customs Enforcement (ICE).

The M-274 Handbook for Employers is in the process of being updated as well by USCIS in order to correspond to the new Form I-9.  Employers are advised by USCIS to follow instructions on the new Form I-9 until the revised M-274 Handbook for Employers has been updated.

Click here to access the USCIS I-9 website for the I-9 announcement.

Click here to access a downloadable copy of the new I-9

Zulkie Partners is nationally recognized for its command of immigration law. We offer services that cover all aspects of corporate immigration law, including nonimmigrant work visas, permanent residence sponsorship and more.

Connect with us today to learn how we can help you further your hiring goals.

Comment » | Department of Homeland Security, E-Verify, I-9, Immigration and Customs Enforcement, Worksite enforcement policies

U.S. Spends More on Immigration Enforcement than the Combined Funds of All Other Federal Criminal Law Enforcement Agencies

February 23rd, 2013 — 2:37pm

In a January 2013 report, the nonpartisan think-tank Migration Policy Institute (MPI) found that the U.S. government spends more on federal immigration enforcement than on all other principal federal criminal law enforcement agencies combined, with nearly $18 billion spent in fiscal year 2012.  This is approximately 24 percent higher than the collective spending for the FBI, Drug Enforcement Administration, Secret Service, U.S. Marshals Service, and Bureau of Alcohol, Tobacco, Firearms and Explosives. MPI also found that U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) refer more cases for federal prosecution than all Justice Department law enforcement agencies.

MPI’s comprehensive report offers a detailed analysis of the current immigration enforcement system and traces the evolution of the system, particularly in the post-9/11 era, in terms of budgets, personnel, enforcement actions, and technology. The result is the creation of a complex, interconnected, cross-agency system – in some ways by deliberate design; in others, by happenstance.

Six distinct pillars identify how this modern-day system is organized: border enforcement, visa controls and travel screening, information and interoperability of data systems, workplace enforcement, the intersection of the criminal justice system and immigration enforcement, and detention and removal of noncitizens. “This modern-day system,” says its authors, “extends well beyond U.S. borders to screen visitors against multiple intelligence and law enforcement databases before they arrive and also reaches into local communities across the country via partnerships with state and local law enforcement, information sharing and other initiatives.”

The following are among the report’s key findings:

  • deportations have reached record highs, with more than 4 million noncitizens deported since 1990, with removals rising from over 30,000 in FY 1990 to almost 400,000 in FY 2011.
  • fewer than half of the noncitizens deported are removed pursuant to a formal hearing before an immigration judge; instead the majority are by DHS via its administrative authority.
  • apprehensions at the U.S.-Mexico border fell to 40-year lows in 2011.
  • immigration enforcement has evolved to be a key tool in the nation’s counterterrorism strategies.

For the last many years, “enforcement first” was sought by successive congresses and administrations as a precondition for reforming the nation’s immigration laws.  The report makes clear that changes to the system accomplished this goal, having focused almost entirely on building enforcement programs and improving their performance. The findings pave the way for comprehensive immigration reform, given that the country’s enforcement priorities have been met.

Comment » | Customs and Border Protection, Department of Homeland Security, E-Verify, Immigration and Customs Enforcement

Certain Provisions of Alabama’s Anti-Immigration Law Blocked by Court; Others Go into Effect

November 2nd, 2011 — 2:11pm

In late September, a federal district court blocked certain portions of Alabama’s controversial immigration law, HB 56, from taking effect, ruling that there is a substantial likelihood that the U.S. government can establish that the provisions are preempted by federal law. The provisions upheld, however, include those that authorize local police to inquire about a driver’s immigration status during routine traffic stops or arrests if reasonable suspicion exists that the person is in the United States illegally; and requires public schools to verify students’ immigration status. The law also provides that undocumented foreign nationals can be charged criminally for willful failure to carry federal immigration papers, and any contracts entered into by an individual who is undocumented as well as transactions between any division of the state and an undocumented immigrant are legally nullifiable. The Department of Justice  (DOJ) sought an emergency stay of the decision at the 11th Circuit Court of Appeals on October 7th.

While the status of the law remains uncertain, its effects are already being felt.  Many undocumented immigrants are fleeing the state, workers are no longer reporting to their jobs, and undocumented children (and children of undocumented parents) are no longer attending classes. In requesting the emergency stay, the DOJ claimed that the new law was highly likely to expose persons lawfully here, including schoolchildren, to new difficulties in their daily affairs, and that the legislation could impact diplomatic relations with foreign countries. DOJ set up a hot line to report potential civil rights concerns related to the impact of Alabama’s immigration law.  Call 1‐855‐353‐1010 or email hb56@usdoj.gov.

While clearly one of the most draconian new state laws, the National Conference of State Legislature reports that from January 1 to June 30, 2011, 40 state legislatures have passed 151 immigration-related laws and 95 resolutions.

Zulkie Partners is nationally recognized for its command of immigration law. We offer services that cover all aspects of corporate immigration law, including nonimmigrant work visas, permanent residence sponsorship and more.

Connect with us today to learn how we can help you further your hiring goals.

Comment » | Department of Homeland Security, E-Verify, I-9, Immigration and Customs Enforcement, Worksite enforcement policies

States Continue to Carve Out Piecemeal Immigration Law and Policy in Absence of Federal Approach

August 22nd, 2011 — 10:15am

State and local governments continue to be the staging ground for real action on immigration reform while Congress does nothing. Conservative state legislatures have enacted draconian, restrictive immigration laws (Arizona, Alabama, Utah, Georgia, and South Carolina) that, in some cases, are winding their way through the courts, while other states have moved in the direction of enacting more liberal policies toward immigrants. Most recently, the governors of Illinois and California signed into law “DREAM Act” bills that would allow undocumented immigrants to receive private funds to attend state colleges and universities. The same issue will go before the Maryland electorate as part of a referendum in November 2011.  And the courts, state as well as federal, continue to enter the fray. In Texas, a district court recently barred the Texas Department of Public Safety from enforcing rules that denied driver’s licenses to immigrants living and working in Texas with valid work authorization.  In Georgia, a federal district court blocked key provisions of that state’s “Show Me Your Papers” law, granting a preliminary injunction in the suit filed by a coalition of civil rights groups and individual attorneys.

In the absence of a federal approach to immigration reform and continued congressional inaction which is expected until after the next presidential election, we can expect more of the same from state and local governments as they attempt to regulate immigration and address the strain our broken immigration system causes to their communities.

Zulkie Partners is nationally recognized for its command of immigration law. We offer services that cover all aspects of corporate immigration law, including nonimmigrant work visas, permanent residence sponsorship and more.

Connect with us today to learn how we can help you further your hiring goals.

Comment » | Department of Homeland Security, E-Verify, Immigration and Customs Enforcement, Immigration reform, Worksite enforcement policies

USCIS Launches I-9 Central Online

May 31st, 2011 — 5:21pm

U.S. Citizenship and Immigration Services (USCIS) has launched I-9 Central, a new online resource center dedicated to the most frequently accessed form on USCIS.gov: Form I-9, Employee Eligibility Verification. The website provides employers and employees access to resources, tips, and guidance on completing the I-9 and understanding the I-9 process.

I-9 Central includes sections on employer and employee rights and responsibilities, step-by-step instructions for completing the form, and information on acceptable documents for establishing identity and employment authorization. The site also includes a discussion of common mistakes to avoid when completing the form, guidance on how to correct errors, and answers to employers’ recent questions about the I-9 process.

Comment » | Department of Homeland Security, E-Verify, I-9

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