I-9 Employment Verification

The Department of Homeland Security (DHS) published details in the Federal Register about how it will implement the temporary “safe haven” program, also called Deferred Enforced Departure – (DED), for certain Hong Kong residents in the United States. The notice also provides instructions for employers regarding acceptable documentation to hire workers under this program.

Continue Reading U.S. Government Issues New Details of Safe Haven Program for Hong Kong Residents

Federal law requires that employers must properly complete Form I-9, Employment Eligibility Verification, for each worker hired to perform labor or services in the United States. The form documents that the employer took steps to verify the identity and employment authorization of the worker. Normally, the employer must physically examine each document submitted by the employee to determine whether it reasonably appears to be genuine and related to the person presenting it.

Due to safety precautions implemented to protect communities from the coronavirus (COVID-19), the Department of Homeland Security (DHS) issued guidance in March 2020 that employers may temporarily postpone the in-person verification requirement with a remote inspection (e.g., video, fax, email). The announcement included instructions for annotating the Form I-9 when using the flexibility rules. Recently, DHS extended this policy through December 31, 2021
Continue Reading DHS Extends Flexibilities of Form I-9 Employment Requirements

In April 2021, the Social Security Administration (“SSA”) notified the public of its intention to no longer issue Employer Correction Request Notices (“no-match letters”) to employers.  SSA no-match letters advise employers that corrective action needs to be taken to resolve a discrepancy between SSA records and the information provided on one or more Forms W-2 (the wage reporting form filed by an employer with the Internal Revenue Service).  Discrepancies may include, for example, typographical errors that resulted in incorrect social security numbers.  But they also include intentional mismatches between an employee’s name and social security number, which may trigger an obligation by the employer to investigate whether the employee who presented the information at their time of hire was the true identity holder or had produced suspect documents.

Continue Reading Social Security Administration Again Pauses the Issuance of “No-Match” Letters

On May 26, 2021, US Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) announced an extension of its remote I-9 verification policy that provides flexibility for employers conducting remote reviews of I-9 supporting documentation.  This extension applies to employees hired on or after June 1, 2021, and remains in effect until

Effective April 1, 2021, the US Department of Homeland Security (DHS) has again extended its remote I-9 verification policy that defers the physical presence requirements of the employment verification process.  Under a policy first introduced on March 20, 2020, the requirement that employers inspect employees’ Form I-9 identity and employment eligibility documentation in-person applies only

The Department of Homeland Security (DHS) and US Immigration and Customs Enforcement (ICE) has extended a temporary policy allowing employers to conduct remote reviews of I-9 supporting documentation until December 31, 2020. The extension provides employers ongoing flexibility with regards to I-9 verification processes in light of the continued impacts of the COVID-19 pandemic.

Although

On July 18, 2020, Immigration and Customs Enforcement (ICE) issued an extension of a temporary policy allowing certain employers to conduct remote review and inspection of I-9 documentation for new employees. The policy was set to expire on July 19, but has now been extended through August 19, 2020. The extension provides employers with additional