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Articles by Jacquelyn E. Stone
New Year, New (Anticipated) Federal Immigration Policy: Steps Employers Can Take Now To Prepare
Immigration reform played a key role during the presidential campaign cycle. Given the starkly different philosophies between the current and incoming administrations, changes to federal immigration policy are imminent. Although specific policy changes will develop over time, employers can take steps now to ensure they are in the best position when changes come. Changes in workplace enforcement are likely in these areas: Increased Focus on Form I-9 Inspections.
DHS Publishes Inflation-Adjusted Fines for Employer Noncompliance With I-9 Rules
The Department of Homeland Security (DHS) published on June 28, 2024, increased civil monetary penalties for employer noncompliance with Form I-9 rules. Each year, penalties pursuant to the Immigration and Nationality Act of 1952 (INA) — including those pertaining to the employment eligibility verification process — are adjusted for inflation. These fines mirror the inflation-adjusted fines published by the Department of Justice (DOJ) earlier this year.
USCIS Trial Launch of E-Verify+: What Employers Need to Know
U.S. Citizenship and Immigration Services (USCIS) announced a trial launch of E-Verify+ on May 29, 2024. This trial will enable E-Verify to conduct testing and receive feedback to refine the E-Verify+ product before releasing it for wider use. E-Verify+ aims to speed up the eligibility confirmation process overall and lessen the burden on employers while enhancing information security for employees.
All Employers Must Use Revised Form I-9, Starting Nov. 1
Starting Nov. 1, 2023, all employers must use the revised Form I-9, Employment Eligibility Verification, with the edition date 08/01/23, when completing the employment eligibility verification process. The Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete a Form I-9 for every individual they hire for employment in the United States. This includes citizens and noncitizens.
Homeland Security Provides New Flexible Option for Remote Form I-9 Document Inspection
On July 21, 2023, the U.S. Department of Homeland Security (DHS) announced a new flexible option for remote completion of Form I-9 and inspection of accompanying identity and eligibility documents. This option is available to qualifying employers participating in E-Verify.
DHS to End Remote I-9 Inspection Temporary Flexibility on July 31, 2023
On May 4, 2023, the U.S. Department of Homeland Security (DHS) announced an end to the temporary flexibility permitting Form I-9 documents to be inspected remotely. Employers will have 30 days to reach compliance with Form I-9 requirements after the COVID-19 flexibilities sunset on July 31, 2023. These flexibilities were introduced in March 2020 and extended several times throughout the COVID-19 pandemic.
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