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New Administration Likely to Result in Increased I-9 Audits and Raids

The new administration is likely to have a profound impact on immigration law and enforcement come January 20. As worksite enforcement and general immigration compliance issues were a primary focus of the Trump...more

Illinois Guidance Finds Law Does Not Prohibit Private Employers from Using E-Verify

The Illinois Department of Labor (IDOL) has just issued some much-needed guidance, through Frequently Asked Questions (FAQs), on whether enrollment and use of E-Verify is prohibited in Illinois for private employers that do...more

USCIS Has Introduced E-Verify+ — What Is It?

The USCIS recently introduced E-Verify+, which aims to streamline the employment eligibility verification by combining Form I-9 and E-Verify into a seamless digital process. E-Verify+ has employees complete their Form I-9...more

Lessons from Recent IER Settlements

Over the past few months, the Immigrant and Employee Rights Section (IER) of the Department of Justice has entered into several settlements from which employers can learn some valuable lessons so that these discriminatory...more

What, If Any, Impact Does SEC v. Jarkesy Have on Immigration Compliance and Adjudication?

In Securities and Exchange Commission v. Jarkesy, 603 U.S. ___ (June 27, 2024), the U.S. Supreme Court held that the SEC’s administrative law judges (ALJs) lack jurisdiction to impose civil penalties for alleged securities...more

What Has Been Happening at OCAHO in 2023-2024?

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

Current Issues in Immigration Compliance

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

Penalties for Immigration-Related Violations Continue to Rise in 2024

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

DOL Releases Annual Fine Increases for Immigration-Related Violations

The U.S. Department of Labor (DOL) published its new immigration-related fines/penalties, effective January 15, 2024. Immigration-related violations before the DOL involve these visas: H-1B, H-2A, and H-2B. These increases...more

New Form I-9 Required as of November 1, 2023

The new Form I-9, Employment Eligibility Verification, which was released on August 1, 2023, must be used for all new hires, effective November 1, 2023. The grace period—during which an employer could use the new Form I-9 or...more

How Will a Possible 2023 Government Shutdown Impact U.S. Immigration?

In anticipation of a possible 2023 government shutdown this weekend, many employers are wondering how a shuttering of U.S. government agencies for budgetary reasons could impact or delay their U.S. immigration processing,...more

Changes in the New Form I-9, Employment Eligibility Verification

On August 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9, Employment Eligibility Verification, which may be used now but must be used for all new hires and rehires...more

USCIS Announces Alternative Procedure for Completion of Form I-9 – Permanent Virtual Verification

In an ever-evolving digital landscape, the United States Citizenship and Immigration Services (USCIS) has given employers a new option for verifying employment eligibility. On July 21, 2023, the USCIS announced a final rule,...more

Florida Agency Provides Some Guidance on State’s New Immigration Law (SB1718)

The state of Florida recently enacted legislation that will have a significant impact on employers across the state. Senate Bill 1718 (SB1718), which Governor Ron DeSantis signed into law on May 10, 2023, requires private...more

Tips on Physical Reverification of Virtually Verified Remote Employees

As was previously reported, employers have until August 30, 2023, to conduct in-person physical verification of identity and employment eligibility documentation for all employees who were onboarded using remote virtual...more

Employers Have 30 Days to Reach Compliance after I-9 COVID Flexibilities End on July 31, 2023

On May 4, 2023, the Department of Homeland Security (DHS) and Immigration Customs and Enforcement (ICE) announced that employers have 30 days to reach I-9 compliance after COVID-19 flexibilities end on July 31, 2023. Under...more

OCAHO Reduces I-9 Penalties by Average of 34% in 2022-2023

In the period of 2022 to the present, the Office of the Chief Administrative Hearing Officer (OCAHO) has issued eight decisions concerning the amount of I-9 penalties. In all cases, the employers underwent Immigration and...more

Inflation Causes Significant Increase in Immigration-Related Fines

The United States government has increased a variety of immigration-related fines/penalties, effective January 13, 2023. The higher penalties are only for those cases where the penalties are assessed on January 13, 2023 or...more

Recent Highlights in Immigration Compliance

As we enter the new year, it is helpful to look back on recent news in the world of immigration compliance: Employment of Ukrainian or Afghan Parolees – The USCIS announced that as of November 21, 2022, Ukrainians...more

Dear Littler: Can We Require Proof that Our Applicants Are Authorized to Remain in the United States Permanently or at Least for...

Dear Littler:  We are a multi-state manufacturing company with facilities throughout the United States.  Like many companies, we have experienced a great deal of employee turnover in the last few years.  Many of our employees...more

Employers Should Continue to Use Current Version of Form I-9 After Oct. 31, 2022

On October 12, 2022, the USCIS announced that employers should continue to use the current Form I-9 after its expiration date of October 31, 2022, until further notice. It is anticipated that the Department of Homeland...more

DHS/ICE Extends I-9 Remote, Virtual Verification until July 31, 2023

On October 11, 2022, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced a nine-month extension until July 31, 2023, of the policy allowing remote, virtual verification of...more

Will Virtual, Remote I-9 Verification Post-COVID Become a Reality?

Since March 2020, the USCIS has allowed virtual, remote I-9 verification where all employees are working remotely due to COVID, or when a new employee, post April 1, 2021, is working remotely due to COVID. Many employers as...more

WPI Labor Day Report 2022

I. The State of the U.S. Workforce - In the early months of the pandemic, jobs declined by a staggering 22.2 million. The good news is that jobs recovery has been on the rise since February 2020. In July, the number of...more

Deadline for Updating Forms I-9 Involving Expired List B Document is July 31, 2022

The July 31, 2022 deadline is rapidly approaching for employers to update the Forms I-9 of employees who presented an expired List B document (establishing the individual’s identity) between May 1, 2020 and April 30, 2022. As...more

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