Based on decisions issued by OCAHO in 2013, there are four common mistakes that employers make with the I-9 forms. The most common violation is the most basic: failure to prepare an I-9 form, especially failing to complete an I-9 Form until after being served with a Notice of Inspection (NOI) by the Immigration and […]
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Employers must keep I-9 Forms for all current employees, though the I-9 forms of certain terminated employees can be destroyed. In the case of an audit from a government agency, the forms must be produced for inspection. The forms may be retained in either paper or electronic format as well as in microfilm or microfiche […]
Since April 2005, employers have been allowed to retain I-9 forms in an electronic format. ICE issued rules setting standards for using electronic I-9s in June 2006. < IV. | Index | VI. >
Although the I-9 form is only two pages1, there are usually an incredible number of errors, most unintentional, by employees and employers. The new form can be found at http://www.uscis.gov/i-9, and must be used for all employees hired since May 7, 2013. Additionally, it may be used for re-verifications, although employers may also use Section […]
IRCA requires employers to have all employees hired after November 6, 1986 complete I-9 verification paperwork. The Form I-9 requirement applies to all employees including U.S. citizens and nationals. Employees who are not hired do not need to complete I-9 Forms. Employers, who selectively choose who will and will not complete I-9s, could face penalties […]
In 1986, Congress enacted IRCA. Central to IRCA was the creation of an employer sanctions system that requires all employers in the United States to verify the identity and employment authorization of all employees hired. Employers have become a central part of the immigration enforcement process by taking over responsibility for verifying that their employees […]
The importance of immigration compliance continues to grow as more companies realize the negative consequences of violating the Immigration Reform and Control Act (IRCA) for I-9 form errors and/or hiring/employing unauthorized workers, for citizenship or national origin discrimination or document abuse, and state immigration laws for failure to enroll and use E-Verify. Index | II.
Resources on Revised I-693 Medical Exam Policy As of June 1, 2014, USCIS requires that Form I-693 (Report of Medical Examination and Vaccination Record) must be submitted within one year of completion and signature by the civil surgeon. The form will be valid for one year after submission. In addition, the medical examination form is […]
District Court Says TPS Beneficiary is Eligible to Adjust Status Under INA AILA has released a district court ruling on an individual case that may have a larger impact on the handling of Temporary Protected Status (TPS) cases in the future. In 1999, El Salvadorian Jesus Ramirez entered the US without inspection, admission, or being […]
Customs and Border Protection (CBP) Releases Long-Awaited Review of Use-of-Force Policy The American Immigration Council reports that CBP has released the Police Executive Research Forum’s 2013 analysis of the agency’s use-of-force policies and practices. According to the report, instigated by inquiries from sixteen Congress members in response to a series of deaths during CBP’s border […]
