Category: I-9
In the Wake of President Obama’s Executive Action which will give around 5 million people work authorization, companies will need to make decisions about what to do when newly work-authorized employees come forward to correct their W-4 and I-9 paperwork. As a result of President Obama’s Executive Action announced in November millions of undocumented immigrants… Read More
The Department of Justice’s Office of the Chief Administrative Hearing Officer (OCAHO) recently reduced fines imposed on New Outlook Homecare, LLC, for violations related to the Form I-9, Employment Authorization Verification. The complaint filed by U.S. Immigration and Customs Enforcement (ICE) alleged that New Outlook failed to ensure that employees properly completed section 1 of… Read More
In response to a query, Seema Nanda, Deputy Special Counsel of the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), clarified the application of documentation requirements related to Form I-9 work authorization verification for refugees and asylees. Eileen Scofield of Alston & Byrd asked what steps employers should take when… Read More
The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently responded (PDF) to a query about whether pre-population of employee information in section 1 of the Form I-9, Employment Eligibility Verification, is permissible. The query stated that U.S. Immigration and Customs Enforcement had said that pre-population is impermissible. The OSC’s… Read More
The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently responded (PDF) to a query about whether a contractor can require employees of subcontractors to produce the original documentation they had used for I-9 work authorization verification purposes for employment with the subcontractor. The OSC did not delve into the… Read More