Category: I-9


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

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

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

SSA Resumes Sending Out No-Match Letters

May 31st, 2011 — 5:18pm

In April 2011, the Social Security Administration (SSA) resumed issuing thousands of so-called “no-match letters” to employers around the country. These letters inform employers that certain Social Security Numbers (SSN) provided by employees do not match the names of the individuals that SSA has on file for such numbers.  A “no-match” may be caused the use of a false or otherwise assigned SSN by an unauthorized worker. However, it may also be the result of an alteration to an individual’s status such as a name change or a simple typographical error.  

This issue is of considerable concern to employers with the recent increase in immigration enforcement aimed at companies employing unauthorized workers.

The new version of the “no-match” letter contains the name of one employee (rather than several employees as in the prior version) and does not include language warning the employer that failure to take action could be construed as constructive knowledge.   It does particularly advise that receipt of the letter in and of itself should not be the basis of adverse action against the employee.  Despite the change in language, it can still be considered by ICE in a potential investigation as indicia that an employer was aware of an individual’s ineligibility for US employment.

Our firm has counseled employers on employer sanctions issues and has represented employers in such enforcement proceedings since these laws were enacted more than 20 years ago.  We recommend that employers pay careful attention to no-match letters.

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, I-9

Victory for Equal Justice and the Rule of Law: Court of Appeals Enjoins Enforcement of Arizona’s Anti-Immigrant Law (SB 1070)

April 18th, 2011 — 3:35pm

On April 11, the U.S. Court of Appeals for the Ninth Circuit upheld a preliminary injunction against key and controversial provisions of Arizona’s SB 1070, the law enacted nearly a year ago that requires police to demand proof of immigration status from anyone who they have a “reasonable suspicion” of being in the country illegally. The court thus denied Arizona’s appeal of a U.S. district court’s July ruling that prevented segments of the law from going into effect because it was likely that the law violated the U.S. Constitution. Moreover, and significantly, the decision signals that the appeals court believes that the Department of Justice (DOJ) is likely to succeed in its challenge to the law’s constitutionality.

SB 1070 is the draconian state immigration law that was signed into law on April 23, 2010, after Arizona state legislators argued that they needed their own immigration enforcement tools to stem the tide of undocumented immigration into the state. Federal efforts, the state argued, were not enough. The law immediately sparked nationwide boycotts and protests as an unconstitutional attempt to usurp the federal government’s right to enact and control immigration law and as a way to set the stage for abusive and illegal police activity, including profiling. DOJ sued and won an injunction on June 29, 2010, the day before the law was originally set to go into effect.

In its ruling, the Ninth Circuit rightly rejected Arizona’s claim that state police have “inherent authority” to enforce federal immigration laws; in fact, the court held that Arizona’s attempt to drive immigrants from the state interferes with the federal government’s exclusive authority to enforce immigration law. Congress, the court held, intended state officers to “aid in immigration enforcement only under the close supervision of the Attorney General,” which was not the case here. The court also recognized that the SB 1070 has negatively impacted U.S. foreign relations and reflects the dangers of allowing states to enact a patchwork quilt of conflicting laws and regulations. In the immediate aftermath of SB1070’s enactment, a number of states considered or introduced copycat bills, but most states have now backed away from these measures.

While the fate of SB 1070 is likely to be decided by the Supreme Court, for now the court’s decision is a victory not only for the Obama Administration in its ongoing effort to halt the Arizona law, but also for equal justice and the rule of law.

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 Policy Center

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