Follow Us:

Posts Tagged ‘I-9/E-Verify News’

USCIS Provides FAQs on Rejected DACA Requests; White House Releases Guidance to Include in DACA Legislation

Friday, December 1st, 2017

NEWS_dreamstime_s_36930151 (2)

USCIS announces that it will release specific guidance soon about the steps that a DACA recipient must take to resubmit his or her renewal request to USCIS if the filing was rejected due to US Postal Service delays.
We link to the FAQs posted on the website:

 We are updating this post 12/2/2017 with guidance released by the White House providing an outline of the Trump administration’s proposals on immigration. The principles were sent to Congressional leadership with a cover letter demanding these reforms be included in any legislation that addresses protection for Deferred Action for Childhood Arrivals (DACA) recipients. The seven-page document includes an expansive list of legislative demands that cover the border, interior of the country, and an overhaul of the U.S. immigration system. The principles, however, read like a wish list of ways to drastically curtail immigration and target immigrants.  It remains to be seen what the end result will resemble when Congress gets involved.  We will keep you posted as the wheels start to churn in the House and Senate.

New I-9 Employment Eligibility Verification Form, Effective Sept. 18, 2017

Monday, July 17th, 2017

I-9+Website+High+res+Logo_x625[1]USCIS released a revised version of Form I-9, Employment Eligibility Verification, on July 17. Instructions for how to download Form I-9 are available on the Form I-9 page. On Sept. 18th, employers must use the revised form with a revision date of 07/17/17N. Employers must continue following existing storage and retention rules for any previously completed Form I-9s.

Revisions to the Form I-9 instructions:

  • USCIS changed the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Employee Rights Section.
  • They removed “the end of” from the phrase “the first day of employment.”

Revisions related to the List of Acceptable Documents on Form I-9:

  • Added the Consular Report of Birth Abroad (Form FS-240) to List C. Employers completing Form I-9 on a computer will be able to select Form FS-240 from the drop-down menus available in List C of Sections 2 and 3. E-Verify users will also be able to select Form FS-240 when creating a case for an employee who has presented this document for Form I-9.
  • Combined all the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350, and Form FS-240) into selection C #2 in List C.
  • Renumbered all List C documents except the Social Security card. For example, the employment authorization document issued by the Department of Homeland Security on List C changed from List C #8 to List C #7.

USCIS included these changes in the revised Handbook for Employers: Guidance for Completing Form I-9 (M-274), which is also easier for users to navigate.

Should you have any questions or would like to discuss how your company can establish a culture of compliance, please contact us at


Monday, November 14th, 2016


On Nov. 14, 2016 USCIS released a revised version of Form I-9, Employment Eligibility Verification.  Employers may continue using Form I-9 with a revision date of 03/08/2013N  through Jan. 21, 2017.  By Jan. 22, 2017, employers must use the revised form.

Employers should continue to follow existing storage and retention rules for all of their previously completed Forms I-9. Refer here for more information.

Remember to login to our webinar on Wednesday Nov. 16th, 3pm EST/12pm PST for training on the new I-9 form: and save the date for the E-Verify webinar as well on December 15, 2016.



Employee Notifies that I-9 Documents Previously Submitted were not Genuine: What’s an Employer to do?

Thursday, April 14th, 2016

Searching for a Niche Group - Magnifying Glass

The OSC publishes responses to  TAL Letters (Technical Assistance Letters) that they receive from attorneys, employers and other stakeholders.  USCIS identifies this circumstance in the I-9 Employer Handbook as an employee who comes forward and indicates that their identity is now different than previously represented (Hmm…)  and now wants to “regularize” their employment record.  Or, what do you do if you become aware, for instance, that a social security number associated with a particular employee was not legally assigned?

Discussion starts on page 2.

OSC’s TAL implies that if an employer has not consistently-followed a policy of terminating individuals for providing false information during the hiring process, it couldn’t use that policy to justify a termination in this particular scenario.  Even if the employer did consistently terminate individuals who were dishonest during the hiring process, OSC implied that this was not necessarily a slam dunk argument either. It is important to note that OSC did not commit itself by concluding that such a termination under the circumstances would not constitute discrimination or be deemed to be a valid legitimate non-discriminatory reason for termination. It simply stated it would depend on the facts and circumstances.  Before you go down this road, remember –the USCIS Handbook for Employers provides that “Where an employee has worked for you using a false identity but is currently work authorized, the I-9 rules do not require termination of employment.”

There’s also guidance regarding this for DACA employees that you might wish to review.  For more on I-9 compliance please refer to our Employer Resource Center





OSC & ICE Publish Guidance to Employers on Internal I-9 Audits

Wednesday, December 16th, 2015

The Department of Justice’s Office of Special Counsel (OSC) and the U.S. Immigration and Customs Enforcement (ICE) have issued a six-page joint Guidance for Employers Conducting Internal Form I-9 Audits that can be viewed here:

This guidance is a result of a six-month intra-agency initiative to foster greater cooperation across government agencies in the I-9 audit space. The group overseeing this initiative, entitled the Interagency Working Group for the Consistent Enforcement of Federal Labor, Employment and Immigration Laws, is tasked with improving the effectiveness of investigations by ICE and the OSC.

For more



Recent DOJ Worksite Enforcement Settlements that Shed Light on Form I-9 Employer Compliance

Sunday, September 20th, 2015

One group of customers standing on a red target bullseye, with magnifying glass hovering above it

Plain and simple, failing to comply with IRCA’s I-9 rules have, and are continuing at a rapid rate, to result in significant fines, loss of access to government contracts, an onslaught of negative publicity, business closure, criminal penalties and even imprisonment.  Here are a few examples of recently settled cases in August 2015:

1) Creating discriminatory barriers for immigrants who have permission to work in the United States, $165 civil penalty with $50K in back pay:

2) Requiring non-U.S. citizens, but not similarly-situated U.S. citizens, to present specific documentary proof of their immigration status to verify their employment eligibility, $200K civil penalty:

3) City of Eugene, OR improperly restricted law enforcement positions to U.S. citizens at the time of hire, even though no law, regulation, executive order or government contract authorized such a restriction. must pay a civil penalty, train its employees about the anti-discrimination provision of the INA and be subject to monitoring by the Justice Department for a period of three years!


Immigration Compliance Group provides US inbound immigration services to individuals and employers throughout the USA and abroad. We specialize in business immigration and have a depth of experience in the IT, healthcare, arts, entertainment and sports industries, amongst others. Our services include complex business visas for investors, multinational managers, skilled professionals, outstanding individuals of high achievement (O-1, P visas, EB-1 and EB-2 Exceptional Ability cases) and PERM Labor Certification.  We additionally provide employer compliance consulting services on proper I-9 (Employment Eligibility Verification) management, auditing, training, and work with our clients to develop a culture of immigration compliance. Our door is open for new clients — we extend a 20% discount on the first case with our firm.  Contact us at or call 562 612.3996.

New Social Security Card Process to Commence Sept 9, 2015

Monday, August 24th, 2015
SSCard_iStock_000008528169_ExtraSmall (2)
The new rule provides SSA and the public with different options for verifying an applicant’s identity and other eligibility factors, noting that it will continue to require the same evidence to establish citizenship, age and identity. The new rule will also remove the requirement that individuals seeking a replacement SSN card file an SS-5 form, allowing them instead to complete a “prescribed application,” which the agency said would simply be the application form — whether paper, online or another efficient, user friendly method.  Additionally, the SSA will release, through a gradual, state-by-state rollout, an online application that will permit adult U.S. citizens who are not reporting any changes to their record to apply for replacement SSN cards electronically after registering through the my Social Security” portal.
How will this change procedures for processing the I-9 Employment Eligibility Verification Form?   The article states that employers are likely to find more rapid turnaround should employees lack a lost or misplaced social security card requiring reissuance. USCIS Form I-9 permits employers to initiate employment, in most instances, if hired employees can verify within three (3) days employment eligibility through the documentary requirements of USCIS Form I-9, including presentation of a valid social security card under “List C” of Form I-9.
– See more here

Immigration Compliance Group provides US inbound visa services to individuals and employers throughout the USA and abroad. We specialize in business immigration and have a depth of experience in the IT, healthcare, arts, entertainment and sports industries, amongst others. Our services include complex business visas for investors, multinational managers, skilled professionals, outstanding individuals of high achievement and PERM Labor Certification. We additionally provide employer compliance consulting services on proper I-9 (Employment Eligibility Verification) management, auditing, training, and work with our clients to develop a culture of immigration compliance.


OSC Responds to E-Verify Concerns Regarding TX Executive Order RP-80

Tuesday, April 21st, 2015



The OSC responds to inquiry clarifying possible E-Verify conflict between the obligations that TX state contractors and certain TX state agencies have under federal E-Verify with the TX Executive Order RP-80 that requires state contractors use E-Verify for “all persons employed during the contract term to perform duties within TX”.

The OSC letter qualifies the following 2 issues:

1)  Whether TX state contractors (who are not federal contractors) may disregard the terms of RP-80 by choosing to E-Verify only new hires; and

2)  Whether a TX state agency may E-Verify current and prospective employees

USCIS has advised TX employers that federal E-Verify regulations are in effect at all times. Under federal E-Verify rules, most employers using E-Verify may only create E-Verify cases for new hires. Federal E-Verify rules provide an exception for employers enrolled in E-Verify as federal contractors. They must create cases in E-Verify for new hires and for existing employees performing work under the federal contract (if the employer has not already created a case for the employee), and may choose an option to create cases in E-Verify for all employees of the contractor.


E-Verify Records Retention and Disposal | I-9 Webinars On-Demand

Tuesday, October 7th, 2014



As of January 1, 2015, E-Verify will begin disposing of E-Verify records that are over 10 years old. In order to retain case information, E-Verify employers may download and save the new “Historic Records Report.”  If you want a record of your cases that are more than 10 years old, you must download the new Historic Records Report before December 31, 2014.  The report will include all transaction records for cases more than 10 years old.  The report is only available until December 31, 2014.

NOTE – this Report will ONLY BE AVAILABLE from October 1, through December 31, 2014.  The Fact Sheet provides more information as to how to proceed to download applicable E-Verify records.

If you were not using E-Verify on or before December 31, 2004, you do not need to download the report. There will be no records to report.  Note that E-Verify will continue this practice on an annual basis.


USCIS Now Offering I-9 Webinars On-Demand

On September 25, 2014, USCIS published the first Form I-9 Webinar On – Demand. Now you can watch the free Form I-9 webinar at any time.
Choose the chapters of your choice or watch the entire 22 minute video in one sitting. You will see how to complete Sections 1, 2 and 3, best practices
and much more. It’s a great training tool. Visit I-9 Central to learn more and view other videos in the multi-media section.

Form I-9 Webinar on Demand | USCIS


New Information: I-9/E-Verify FAQ’s between AILA and ICE/HSI

Sunday, August 31st, 2014


The following are excerpts from a meeting between the American Immigration Lawyer’s Association (AILA) and ICE/HSI (Homeland Security Investigations) from November 19, 2013 that represents some material changes in regulations concerning several important issues such as pre-population, how many violations per I-9 is permitted, E-Verify and new hires, and more, as follows:

Electronic I-9s

 AILA Question: In the January 2013 liaison meeting with AILA, and again in April 2013, ICE HSI indicated that pre-population of Section 1 of an electronic Form I-9 did not comply with regulations. In the April 2013 liaison meeting with AILA, USCIS confirmed that pre-population of Section 1 in an electronic Form I-9 was not acceptable, regardless of whether the company’s representative signed the translation section.  AILA has received information indicating that HSI has recently announced that it has no position on pre-population of Section 1 of an electronic I-9.  Can HSI please clarify for AILA what its current position on pre-population is? Does HSI consider pre-population acceptable under certain circumstances? What are those circumstances?

ICE Response: What may constitute “pre-population” varies substantially. In reviewing any specific pre-population practice, ICE will examine the company’s practices overall to determine
whether a violation occurred and a sanction should be imposed.

How many Notices of Inspection did HSI serve in 2013?

ICE Response: ICE served 3,100 NOIs.

Multiple penalties for single I-9

AILA Question: AILA members have reported that employers have been assessed separate fines for every error on one Form I-9. In other words, a Form I-9 with five errors will generate a fine that is five times more than a Form I-9 with one substantive error. OCAHO cases and ICE’s “Form I-9 Inspection Overview” Fact Sheet indicate that “the standard fine amount” is calculated against each Form I-9 with substantive violations, regardless of the number of substantive violations on the Form I-9. Please confirm that a form with one substantive error would generate the same fine as a form with five substantive errors in the same Form I-9 audit.

ICE Response: There can only be two violations per Form I-9: (1) a knowing hire, continuing to employ violation; and/or (2) a paperwork violation. Only one paperwork violation should be assessed per Form I-9. If more than one paperwork violation per I-9 is cited, attorneys should raise the issue with the ASAC or SAC.

Pervasive single error on I-9s: AILA Question:  We frequently work with employers who due to a training error make the same error on the Form I-9 (such as repeatedly omitting the List C issuing authority). As it is one pervasive error, it does not indicate the more pervasive problems or potential disregard for the verification process, as would employers whose forms I-9 have many different errors. Would HIS consider adjusting its penalty matrix or making some other accommodation to take into account the fact that one common mistake on multiple Forms I-9 should not lead to the same penalty as different or multiple mistakes on the same number of multiple Forms I-9?

ICE Response: ICE is considering this issue. ICE acknowledged that one pervasive error on multiple I-9s seems like a different level of violation than wide-ranging multiple errors. ICE agreed to consider ways to address this.

I-9s for owners of closely held corporations. AILA Question: The OCAHO decision in Santiago Repacking, 10 OCAHO No. 1153 (Aug. 24, 2012) held that an owner in a closely-held corporation, who also works there and draws a paycheck, does not need to have an I-9 form. Please confirm that HSI follows this decision.

ICE Response: ICE stated that it follows all OCAHO decisions.

NOI Notices

AILA Question: The current NOI notices include language that suggests that HSI will require employers to provide access to their electronic I-9 systems. Is this a current practice? If so, what have been the results of these audits? Has HSI considered any employer’s I-9s to be uniformly invalid due to non-compliance of the electronic system used, or does HSI determine whether the electronic I-9s have substantive/technical deficiencies on a case-by-case basis for each I-9?

ICE Response: In some cases ICE has asked the employer to provide a live demonstration, not just a canned demonstration. This applies to both commercially available software and in-house applications.

E-Verify Q&A

Roll-over of employer data. AILA Question: At recent meetings, USCIS has informed AILA that future releases of E-Verify would enable an employer who terminates its MOU (at least for reasons of merger or change in designated agent) to have continued access to its prior E-Verify records and allow transfer of historical data to the updated account. What is the status of this development? If an employer with a terminated MOU needs access to historical E-Verify information, what is the process for obtaining it?

USCIS Response: There is currently no mechanism for an employer to continue to have access to E-Verify data after termination of an MOU.  Once an account is closed, all access to the account and its associated records are terminated. USCIS is developing a method and/or feature for the retention of historical E-Verify data, but there is no tentative date set for this enhancement. At this time, the best workaround to preserve E-Verify records is for the employer and E-Verify Employer Agent to create and retain a complete user audit report for themselves and their clients. From within the Administrator’s functions, an employer can create an Excel spreadsheet with all of the information.  Note that this report would not relieve the employer’s responsibility under the MOU for either copying the E-Verify receipt number on the Form I-9 or attaching the E-Verify record to the form.

AILA Question: What if an electronic I-9 vendor or Employer Agent goes out of business: can an employer have direct access to the information?

USCIS Response: Under data privacy rules, E-Verify is required to “archive” old data, which essentially means that the data is no longer available. The protocol anticipates archiving at the ten year anniversary of data collection, but so far, only pre-1996 data is subject to immediate archive.  Eventually all E-Verify data will be subject to archiving rules. Verification recommends as a best practice that employers print-out and retain the E-Verify records.

E-Verify and Re-hires

AILA Question: It appears that Verification recognizes that an E-Verify query is not always necessarily a rehire situation where the employer is allowed under I-9 regulations at 8 CFR §274a.2(c)(1)(i) to continue to rely on the re-hired employee’s original I-9.  The following guidance is posted in E-Verify FAQs:

Do I need to create a case in E-Verify if my company rehires an employee?

If you rehire a former employee within three years of his or her previous hire date, you may rely on the information on his or her previous Form I-9.  If you rehire an employee for whom you never created an E-Verify case and the employee’s and the employee’s previous Form I-9 lists an expired identity document (List B), then you may either:

–  Complete Section 3 of the employee’s previous Form I-9 and not create a new case for the employee in E-Verify or

–  Complete a new Form I-9 for the employee and create a new case for the employee in E-Verify

See the Handbook for Employers: Instructions for Completing Form I-9 (M-274) for more   information on rehires.  The above guidance, however, does not address the proper way for an employer to treat employees in the most common rehire circumstances – (1) where the rehired employee was not subject to E-Verify at the time of the original hire; and (2) where a rehired employee was previously run through E-Verify and does NOT have an expired identity document. The current guidance suggests, but does not state explicitly, that an E-Verify query based on the rehire date is required in situation (1) and that an employer should not re-query the rehired employee in (2). It was suggested that USCIS provide further clarification to the E-Verify rules for rehired employees and suggested the following amendment to the FAQ as follows:

An employer may rely on previous E-Verify queries for rehired employees in certain circumstances.  If you rehire a former employee within three years of his or her previous hire date, you may rely on the original Form I-9 as long as the work authorization (List C) documentation originally presented by the employee is still valid. If the rehire date is more than three years from completion of the original I-9, or if the employee’s work authorization has since expired, you must complete a new I-9 and run a new E-Verify query using the rehire date as the date of hire.  For purposes of E-Verify, where the employer can rely on the original I-9 and the rehired employee was subject to an earlier E-Verify query, you may continue to rely on the earlier query. If the rehired employee was not previously subject to an E-Verify query and the employee’s identity document is still valid, you may run the E-Verify query based on the data in the original I-9, but using the rehire date as the E-Verify hire date. If, however, the rehired employee’s identity document (List B) has expired, you cannot run an E-Verify query as the system will not accept expired documents. In that case, then you may either:

– Complete Section 3 of the employee’s previous Form I-9 and not create a new case for the employee in E-Verify or

– Complete a new Form I-9 for the employee and create a new case for the employee in E-Verify,  using the rehire date as the E-Verify hire date.

USCIS Response: USCIS updated the rehire section in the newest version of the E-Verify user manual and now provides the following guidance:

If you never created a case in E-Verify for the employee, you must have the employee complete a new Form I-9 and create a case in E-Verify. If you previously created an E-Verify case, but did not receive an employment authorized result, you must have the employee complete a new Form I-9 and create a case in E-Verify.  If you previously created a case in E-Verify for the rehired employee and received an employment authorized result, complete Section 3 of the employee’s previous Form I-9 and do not create a new case for the employee in E-Verify. Alternatively, you may choose to complete a new Form I-9 and create a case for the employee in E-Verify.  Employers are reminded that if you rehire your employee within three years of the date that the initial Form I-9 was completed, you may complete a new Form I-9 for your employee or complete Section 3 of the previously completed Form I-9. If more than three years has elapsed since the initial Form I-9 was completed, employers must complete a new Form I-9 for a rehired employee and create a case in E-Verify for the rehired employee.

That’s all for now.  We will continue to update as announcements are made concerning new interpretations concerning I-9/E-Verify compliance matters.