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Human resource and hiring managers are becoming painfully aware of the potential dangers lurking behind the Form I-9 and E-Verify process. For the most part, these tales of woe stem from procedural failures such as missing or incorrectly completed I-9s, which can lead…
We’ve been seeing a new risk associated with I-9s, originating (ironically) from employers’ often-diligent attempts to prevent mistakes in the first place. This particular threat emerges from within – from the employer’s own workforce in the…
The Department of Justice announced that Luis Esparza Services, Inc. (LES) had agreed to pay $320,000 to resolve allegations that the company engaged in a pattern or practice of discrimination during the I-9 process. In the case at hand, it appears that LES routinely…
The latest and greatest E-Verify enhancements for FY2015, include enhanced “data analytics” which enable DHS to closely monitor and prevent potential misuse. Many HR Managers were oblivious to DHS’ Monitoring and Compliance (M&C) branch, and all…
Tired of reading about Form I-9 fines and penalties? Looking for a break from E-Verify angst and anxiety? Look no further – for today, John Fay, sheds some light on the enigmatic process of verifying employment eligibility in the U.S. As with most story…
When faced with this E-Verify entity conundrum (and impracticality of figuring out who is an employer), many organizations decide to enroll under separate E-Verify accounts because it provides the best and most definitive documentation of E-Verify enrollment at the…
One of the most frequently asked policy decisions about I9s is “should we retain a copy of the “supporting documents” presented by the employee (e.g., driver’s license and social security card)? And if so, will this save us from fines and…
On January 8, 2015, the U.S. Department of Justice (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) in response to an employer’s request for guidance. The employer sought…
The United States Citizenship and Immigration Services (USCIS) announced that as of February 1, 2015, the E-Verify system now checks driver’s licenses and ID cards from the state of Nebraska when presented by a new hire for the Form I-9. Nebraska is the fifth…
M&A Transactional lawyers have to cover a lot of ground in their deals: employment, tax, commercial real estate, intellectual property, and ERISA laws to name a few and in many cases I-9 immigration compliance is not included. When representing the acquirer,…