As a result of the ongoing COVID-19 global pandemic, employees continue to work from home in record numbers, and employers continue to scramble to adjust their business operations and employee relations policies to accommodate the so-called “new normal”. Following-up on our earlier news about the US Department of Homeland Security’s (DHS) odd relaxation of certain …
Expired State Identity Documents Temporarily Accepted for Form I-9 List B and the Case-by Case Remote Form I-9 Completion Risk
U.S. Citizenship and Immigration Services (USCIS) recently issued a follow-up Question and Answer sheet (Q&A Sheet) to the March 20 announcement of the U.S. Department of Homeland Security (DHS) related to a limited relaxation to physical proximity requirements associated with Form I-9 completion due to COVID-19. While the acceptance of an expired state identity document …
DHS Announces Remote I-9 Completion and Suspension of Audit Responses due to COVID-19
With all of the dark news surrounding COVID-19, the Department of Homeland Security (DHS) deserves a “thank you” from employers for their logical announcement related to Form I-9 compliance issues on March 20. The main points in the announcement are outlined below: Remote Completion of Section 2 of Form I-9 For completion of Section 2 …
Avoiding Claims of Citizenship and National Origin Discrimination When Interviewing, Hiring, and Onboarding Foreign Workers
It is illegal to discriminate on the basis of citizenship or national origin in recruiting, hiring, onboarding, or employing workers. Title VII of the Civil Rights Act of 1964 (“Title VII”) as well as the Immigration Reform and Control Act (“IRCA”) impose penalties on employers engaging in discriminatory employment practices. While prohibitions against citizenship and …
GOVERNMENT SHUTDOWN INCREASING E-VERIFY EMPLOYERS’ I-9 TASKS
As the impasse continues regarding government funding, E-Verify employers are left with an ongoing challenge to keep track of Forms I-9 that they must complete or update timely, but are unable to access their E-Verify accounts to create the required new cases or make necessary modifications or updates. On December 22, 2018, E-Verify became inaccessible …
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Employment Verification and the Ever Changing Landscape of TPS: What Should Employers Do?
How should or can employers who know they employ Temporary Protected Status (or TPS) workers prepare for elimination of TPS for nationals of certain countries? Elimination of TPS may affect employment authorization for new employment or for re-verification of employees with expiring employment authorization documents (EADs). Examples are the recently announced termination of TPS for …
Worksite Enforcement Under the Trump Administration – What to Expect
The Immigration Reform and Control Act of 1986 (“IRCA”) put the burden of verifying that new hires are authorized to work in the United States squarely on the shoulders of United States employers. Since IRCA was enacted on November 6, 1986, United States employers have been required to accurately complete and retain an I‑9 Employment …
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