Hunton Immigration and Nationality Law Blog : Immigration Lawyer & Attorney : Hunton & Williams Law Firm : Workplace Enforcement, Immigration Visas

The USCIS has issued guidance to users of its eVerify system with regard to the "hire date" for new employees.  If the E-Verify record was created before the employee began working for pay, the E-Verify hire date is the date the case was created in E-Verify; if the E-Verify record was created on or after the employee began working for pay, the E-Verify hire date is the date the employee began working for pay.  Employers working under federal contracts containing the FAR E-Verify clause and are creating E-Verify records for existing employees must use the original dates those employees began working for pay, even if completing new I-9 forms.  The USCIS guidance can be found here.

• Email This
• Print
• Trackbacks
• Share Link

In its continuing effort to deter immigration fraud, the US Citizenship and Immigration Services (USCIS) has unveiled a new permanent resident ("green") card with additional security features.  The new card is already being produced and issued to those granted permanent resident status.  A sample of the new card can be viewed here.  The new card contains a pre-printed return address for easy return of the card to the USCIS if lost.  Employers should ensure that those responsible for completing I-9 verification forms are familiar with the new design.

• Email This
• Print
• Trackbacks
• Share Link

DHS announced today that it is extending Temporary Protected Status (TPS) for Honduran and Nicaraguan nationals who already hold TPS.  TPS allows qualifying individuals to remain and work lawfully in the United States until conditions in their home countries improve.  The new extensions allow qualifying individuals from Honduras and Nicaragua to reapply for TPS and work authorization that will be valid until January 5, 2012.  The re-registration period for begins on May 5, 2010, and ends on July 6, 2010.  Employment authorization documents held by qualifying individuals already set to expire on July 6, 2010, are automatically extended through January 5, 2011.  Employers can rely on the DHS announcement for I-9 employment verification and reverification purposes.  The DHS press releases and FAQs for applicants and employers can be found at these links: HONDURAS and NICARAGUA.

• Email This
• Print
• Trackbacks
• Share Link

In April 2010, the USCIS updated the FAQs for Federal contractors required to participate in the eVerify system.  The updated FAQs can be found at this link.  While the FAQs provide general information about the eVerify requirements for Federal contractors, companies should consult with counsel about the specifics.

• Email This
• Print
• Trackbacks
• Share Link

On November 19, 2009, U.S. Immigration and Customs Enforcement (ICE) announced it would serve 1,000 Notices of Inspection on U.S. employers whose business activities affect "critical infrastructure" (i.e., public safety and national security).  ICE agents will review I-9 forms, which all U.S. employers must use to verify employees' identity and U.S. work authorization.

• Email This
• Print
• Trackbacks
• Share Link

On October 7, 2009, the Department of Homeland Security officially rescinded its August 2007 rule establishing "safe-harbor procedures" for employers who receive Social Security no-match letters.  These procedures never went into effect because a federal court in California issued a preliminary injunction against the rule after the AFL-CIO and other organizations filed suit.  The rescission reinstates the former rule on what constitutes "constructive knowledge" on the part of an employer that an employee is working without authorization.  The final rule, as published in the Federal Register, may be read here.

• Email This
• Print
• Trackbacks
• Share Link

US Immigration and Customs Enforcement (ICE) fined a Missouri poultry plant $450,000 for I-9 violations following a worksite enforcement investigation.  ICE arrested more than 130 employees who were not authorized to work in the United States.  As part of the settlement, the company agreed to train its human resource personnel on how to avoid hiring undocumented workers, and to establish a compliance program to ensure that its hiring and employment practices are consistent with US law.  In addition to the I-9 paperwork violations and violations for knowingly employing undocumented workers, two of the company's employees were convicted of harboring undocumented workers and inducing illegal aliens to remain in the United States.

With increased worksite investigations, employers should periodically conduct internal I-9 audits, and review its compliance procedures with appropriate personnel to minimize any type of fines that could be assessed in the event of a government investigation.

• Email This
• Print
• Trackbacks
• Share Link

On September 8, 2009, U.S. Citizenship and Immigration Services published additional guidance for contractors subect to FAR E-Verify.  The new guide may be read and downloaded here. 

• Email This
• Print
• Trackbacks
• Share Link

Under the Federal Acquisition Regulation (FAR), September 8, 2009, is the effective date for certain federal contractors to begin using E-Verify to confirm that their employees are authorized to work in the United States.  Although the new rule will apply to many federal contracts, there are broad exemptions and limitations.

• Email This
• Print
• Trackbacks
• Share Link

The US Citizenship and Immigration Services (USCIS) has issued a new Form I-9 that employers must use as of April 3, 2009.  Under the Immigration Reform and Control Act of 1986 (IRCA), employers must complete Form I-9 for each new employee within three days of hire, and retain the form in the event of governmental investigations.  Employers can be fined for failing to complete the forms properly and for knowingly employing unauthorized workers.  The USCIS memo announcing the new Form I-9 can be read here and the new Form I-9 can be downloaded here.  A new Handbook for Employers that provides useful information on the I-9 process can be found here.

• Email This
• Print
• Trackbacks
• Share Link

On March 26, 2009, President Obama extended Deferred Enforced Departure (DED) for qualifying Liberian nationals.  DED is used by the President as an exercise of his constitutional power to conduct foreign relations, and provides qualifying individuals a temporary stay of removal, as well as employment authorization.  In response to the President's announcement, the USCIS extended employment authorization documents (EADs) for Liberian nationals through March 31, 2010.  Qualifying Liberian nationals can take steps to obtain new EADs to allow them to continue working lawfully in the United States.  They may continue working lawfully under this provision through September 30, 2009, without new EADs, but must have new EADs in hand to continue working after that date.  The President's memorandum can be read here.  The USCIS announcement and its Questions/Answers on DED can be read here and here.  The Federal Register notice explaining the DED/EAD application procedure and how employers can update their I-9s can be read here.

• Email This
• Print
• Trackbacks
• Share Link

The DOJ's Office of Special Counsel has released "Do's and Don'ts" guidance for companies participating in the eVerify program.  eVerify is a voluntary program for employers to verify the identity and work eligibility of all new hires.  The "Do's and Don'ts" can be found here.  Information about the E-Verify program can be found here.

• Email This
• Print
• Trackbacks
• Share Link