Tag: DHS

Reports of Labor Exploitation Can Lead to Employment Authorization

Deferred action is a streamlined and expedited tool that can shield vulnerable migrant and immigrant workers from threats of deportation for reporting unsafe or exploitative employers. Employers taking advantage of risky work conditions need to be on notice of these new protections. Temporary Protection and Employment Authorization The Department of Homeland Security (DHS) has announced […]

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Form I-9 In-Person Verification Deferred During COVID-19 Crisis

In light of the unusual state of current affairs employers are facing due to the COVID-19 crisis, the Department of Homeland Security (DHS) has announced it will exercise discretion to defer the “in-person” requirements associated with Employment Eligibility Verification (Form I-9).

A Lucky Employer Dodges an I-9 Fine

By Holly Jones, JD In yesterday’s Advisor, BLR® Senior Legal Editor Holly Jones, JD, discussed some of the unique challenges and pitfalls surrounding completion of the I-9 form. Today Jones discusses the case of an employer that was nearly handed a huge fine—and some important I-9 takeaways for employers.

Spouses of certain H-1B visa workers now eligible for employment authorization

The Department of Homeland Security (DHS) has published final regulations that will extend employment authorization eligibility to spouses of certain nonimmigrant workers who are in the United States on H-1B visas. The H-1B, or highly-skilled worker, visa is the most commonly discussed and highly sought employment-based nonimmigrant visa. The number of visas available each year […]

I-9s Are Still a Hassle, and ICE Is Heating Up Audits

IRCA’s Requirements The Immigration Reform and Control Act of 1986 (IRCA) requires every employer to complete and retain the Form I-9 for all new employees and current employees hired on or after November 6, 1986, who will perform work for pay or other compensation, says Tsai, who is Of Counsel in the Salt Lake City […]

Form I-9s—Still a Hassle and Audits Are Heating Up

Immigration is a hot issue, and that means increased scrutiny of Employment Eligibility Verification Forms (more commonly known as a Form I-9). Attorney Roger Tsai clarified employer responsibilities at BLR’s Advanced Employment Issues Symposium held recently in Las Vegas. IRCA’s Requirements The Immigration Reform and Control Act of 1986 (IRCA) requires every employer to complete […]

“No-Match” Rule Officially Dropped

The U.S. Department of Homeland Security has officially dropped the controversial “no-match” rule, which required employers to fire workers if there was a discrepancy between a worker’s Social Security Number (SSN) and official government records. The rule also imposed penalties on employers who didn’t fire employees if the discrepancy wasn’t quickly explained.

U.S. District Court Upholds E-Verify System

This week, a Maryland U.S. District Court ruled in favor of the U.S. government in a lawsuit challenging the legality of the E-Verify system (Chamber of Commerce of the United States v. Napolitano). This means that beginning September 8, 2009, federal contractors and subcontractors will be required to use the E-Verify system to ensure their […]