Every employer in the U.S. needs to verify the identity and employment eligibility of new hires within three days. Employers need to use Form I-9 to complete this task and retain the form separate from the employee's personnel file. On this page you will find updates to Form I-9, "No-Match" employer suggested guidelines for when the government notifies an employer that an employee's name and social security number do not match, state-specific immigration laws, and E-Verify.
Immigration and Customs Enforcement (ICE) has issued a Form I-9 Inspection Overview for stakeholders on the agency’s Form I-9 audit process and its civil monetary penalty schedule.
On February 7, 2014, the USCIS releases three videos that explain how to complete Form I-9. Video one is designed for new hires and may be useful to employers during their orientation process. Videos two and three are for employers and explain how sections two and three should be completed. NOTE: the new hire video may only be used as a supplement to the Form I-9 Instructions. The full six-page instructions, plus the list of acceptable documents, must be presented to new hires when they are completing Section I of Form I-9. USCIS says the instructions and the list of acceptable documents, may be retained by the employer for reuse and may be laminated.
In January 2014, the USCIS also released a one-page information sheet for new employees that employers may use on completing Section I of Form I-9. A Spanish version is available as well. NOTE: the new hire one-page information sheet may only be used as a supplement to the Form I-9 Instructions. The full six-page instructions, plus the list of acceptable documents, must be presented to new hires when they are completing Section I of Form I-9.
USCIS announced in early 2015 that permanent resident cards (also known as “green cards”) that say “signature waived”, on the front and back of where a signature would normally be located, are acceptable documents to prove identity and work authorization for completing the Form I-9 (Employment Eligibility Verification Form). However, such permanent resident cards must be unexpired and reasonably appear to be genuine and related to the persons presenting them. Since February 2015, USCIS has been waiving the signature requirement for foreign nationals who are entering the United States for the first time as lawful permanent residents after having obtained an immigrant visa from a U.S. Embassy or Consulate. For additional information, please see: http://www.uscis.gov/news/alerts/did-you-know-green-card-does-not-always-have-signature.
In December 2015, DHS and DOJ jointly issued new guidance for employer conducting internal audits on their Form I-9s.
In 2012, the National Labor Relations Board (NLRB) issued an Advice Memo stating that it believes that E-Verify enrollment is a mandatory subject of bargaining for unionized employers.