News & Analysis as of

Immigration and Customs Enforcement (ICE) Immigration Procedures

Warner Norcross + Judd

Planning for the Future: Lessons from President-elect Donald Trump’s First Term on Immigration and What Employers Can Do to...

Warner Norcross + Judd on

As employers of foreign national talent prepare for the return of President-elect Donald Trump to the White House in 2025, understanding the key immigration takeaways from his first presidency is more important than ever....more

Seyfarth Shaw LLP

New DHS Parole Policy for Long-Term Undocumented Spouses, Stepchildren

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Seyfarth Synopsis: On Aug. 19, 2024, DHS posted for public inspection a Federal Register notice implementing the “Keeping Families Together” process for certain noncitizen spouses and stepchildren of U.S. citizens. “Keeping...more

McGuireWoods LLP

DHS Publishes Inflation-Adjusted Fines for Employer Noncompliance With I-9 Rules

McGuireWoods LLP on

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...more

Littler

What Has Been Happening at OCAHO in 2023-2024?

Littler on

From February 2023 to the present, the Office of the Chief Administrative Hearing Officer (OCAHO) issued four decisions concerning the amount of I-9 penalties.2 In all four cases, the employers underwent Immigration and...more

Littler

Current Issues in Immigration Compliance

Littler on

As we start the second quarter of 2024, there are a number of important developments in immigration compliance involving many of the applicable agencies. ...more

Littler

Penalties for Immigration-Related Violations Continue to Rise in 2024

Littler on

As required under the Federal Civil Penalties Inflation Adjustment Act of 2015, the Department of Justice (DOJ) announced, through the Federal Register, increases for penalties under the Immigration Reform & Control Act...more

Woods Rogers

Employers Need to Pay Close Attention to Form I-9 Processing

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In today’s ever-evolving legal landscape, compliance with immigration laws is crucial for businesses of all sizes. Employers have a legal obligation to verify the employment eligibility of their workers, and one essential...more

Jackson Walker

Government Shutdowns and Immigration Processes: What to Expect

Jackson Walker on

If Congress does not pass appropriations legislation or a stopgap spending bill by September 30, 2023, the federal government will experience a shutdown on October 1, 2023. A federal government shutdown will disrupt certain...more

UB Greensfelder LLP

Looming U.S. Government Shutdown Directly Impacts Employers Hiring and Retaining Foreign Workers Through H-1B, H-2A/H-2B and/or...

UB Greensfelder LLP on

Following reports of competing bills in the House and Senate, the U.S. government is potentially headed for a shutdown, which would begin on October 1, 2023, the beginning of the 2024 fiscal year. This would directly affect...more

Guidepost Solutions LLC

Navigating Corporate Risk: The Imperative of Thorough H-1B Program Audits

In the realm of corporate risk, immigration-related concerns often take a back seat. But a closer look at the current Administration’s actions reveals where priorities lie and which industries, sectors, and companies may be...more

Seyfarth Shaw LLP

Potential Government Shutdown: Immigration Consequences for Employers and their Foreign Employees

Seyfarth Shaw LLP on

Seyfarth Synopsis: If Congress cannot resolve funding issues by 11:59 pm EST on September 30, 2023, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact...more

Stokes Wagner

Department of Homeland Security Ends Covid-19 Temporary Flexibilities and Rolls Out New E-Verify Alternative Verification...

Stokes Wagner on

Beginning in March of 2020, the Department of Homeland Security (“DHS”) and U.S. Immigration and Customs Enforcement (“ICE”) allowed employers to complete the I-9 process remotely on account of the COVID-19 pandemic. On May...more

Jackson Lewis P.C.

What Happens to the Immigration Agencies When the Government Shuts Down? - September 2023

Jackson Lewis P.C. on

By September 30, 2023, Congress will again have to fund the government. Despite ongoing efforts by the administration and Congress, indications are that a shutdown may occur at the beginning of the fiscal year, on October 1....more

Kerr Russell

Immigration Insider | September 2023

Kerr Russell on

Revised Form I-9 and Verification Procedures- As a reminder, the revised I-9, Employment Eligibility Verification form must be used by all employers by November 1, 2023. In addition, new regulations provide a process for...more

Akerman LLP - HR Defense

Zooming In On The I-9: Five Things Employers Need To Know About Remote Immigration Verification

In July, the United States Department of Homeland Security (DHS) announced its long-awaited modernization of the I-9 Employment Eligibility Verification process. The new rule became effective August 1, 2023, and allows...more

Jackson Lewis P.C.

Virtual Inspection of Form I-9 Original Documentation Permanent Option for Qualified Retailers

Jackson Lewis P.C. on

Proper completion of the Employment Eligibility Verification Form I-9 is one of the most important responsibilities of employers, including retailers, at the beginning of the hiring process. Saying it learned from the...more

Perkins Coie

DHS Introduces Alternative Remote I-9 Verification Procedure and New Form I-9

Perkins Coie on

While recent changes to the I-9 process may affect select employers, the release of a new I-9 form will present changes to all employers. Qualifying employers are able to utilize an alternative verification procedure to...more

Bond Schoeneck & King PLLC

Employer Reminder: New I-9 Form and Alternative Inspection Procedure Go Into Effect on August 1

Two new rules related to I-9 compliance -- just announced last week -- go into effect on Aug. 1, 2023. First, on July 24, 2023, the Department of Homeland Security (DHS) issued a new rule allowing an alternative procedure to...more

Troutman Pepper

Changes to I-9 Documentation Review Procedure for Qualified Employers; Release of New Edition of Form I-9

Troutman Pepper on

Alternative I-9 Documentation Review Procedure Available to Qualified Employers Registered With E-Verify - In the Federal Register published on July 25, U.S. Immigration and Customs Enforcement (ICE) and the Department of...more

WilmerHale

I-9 Forms: Back to (In-Person) Basics, But with a New Exception

WilmerHale on

In March 2020, in response to the COVID-19 pandemic, the U.S. Department of Homeland Security (DHS) temporarily granted employers operating remotely due to the pandemic the flexibility to inspect employee I-9 documentation...more

Schwabe, Williamson & Wyatt PC

DHS Announces New I-9 Form and New Limited Remote I-9 Verification

On July 25, 2023, the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) announced a new version of the Form I-9 Employment Eligibility Verification Form. The new version of the...more

Holland & Hart - Employers' Lawyers

Form I-9 Update & Remote Verification Procedure for E-Verify Employers

Employers will soon be required to use a new version of Form I-9 for Employment Eligibility Verification, according to a July 2023 announcement by the Department of Homeland Security (DHS). The introduction of the revised...more

Guidepost Solutions LLC

Summer Doldrums? Not for Human Resources Teams and I-9s!

I don’t think the word “doldrums” is used very much anymore, but I do remember it vividly from when I was a child. It was predominantly used in connection to the lazy hazy days of summer when things were hotter than heck and...more

Kramer Levin Naftalis & Frankel LLP

With Temporary I-9 Flexibilities Due to Sunset, Employers Must Complete Physical Inspection of I-9 Documents by Aug. 30, 2023

The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) recently reminded employers that they must complete the physical inspection of I-9 documents that were inspected remotely under...more

Dentons

ICE Sunsets Form I-9 COVID Flexibilities – Employers Required to Comply by August 30, 2023

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All U.S. employers are required to complete Form I-9 for employees hired to work in the United States. This form serves to verify an employee’s identity and ability to work in the U.S. Within 72 hours of hire, an...more

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