Last month, we wrote about the new I-9 Form employers must use for all employees starting January 22, 2017.  Today, our Immigration attorneys issued an Advisory to offer some additional guidance and clarification for employers in transitioning from the old I-9 Form to this new Form, and addressing some questions that may come up related to the Form and the use of E-Verify to confirm an employee’s legal status to work in the United States.  This Advisory is based on some information just provided by the American Immigration Lawyer’s Association’s Verification and Documentation Liaison Committee, and our Immigration experts wisely wanted to pass along the advice right away.
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The most current version of the I-9 form is now available (www.uscis.gov) and employers must use only this version beginning on January 22, 2017.  Some of the key changes to the form include the following:

  • Section 1 – Now asks for “other last names used” rather than “other names used”
  • The addition of prompts to ensure information is entered correctly
  • The ability to enter multiple preparers and translators
  • A dedicated area for including additional information rather than having to add it in the margins
  • A supplemental page for the preparer/translator


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Listen up, employers:  On August 1 — that’s two days ago! — the Department of Homeland Security increased the Form I-9 violation fines by approximately 96%.  Specifically, the range of fines for violations went from $110-$1,100 per Form I-9 to $216 -$2,156 per Form I-9.  This could be particularly problematic for larger companies, as an untrained staff person completing numerous I-9s incorrectly can lead to an exorbitant amount in fines.  On the other hand, smaller companies have less in volume but sometimes they can commit more substantive errors which can lead to fines on the higher-side of the range.  Both are bad results that your business should want to avoid.
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If you work in Human Resources, you are surely familiar with the Employment Eligibility Verification Form I-9 (“Form I-9”), and depending on the size of your company’s workforce, you might complete new I-9s on a regular basis.  But have you ever gone back to do an internal audit of the already completed Forms I-9?  Do you know the most common mistakes found on I-9s?
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National_Labor_Relations_Board_logo_-_colorEarlier this year, on March 18, 2015, NLRB General Counsel Richard F. Griffin, Jr. issued a report covering recent cases on employee handbook rules that encroached on employees’ Section 7 rights under the National Labor Relations Act.  Griffin’s report (GC Memo 15-04) stated that the vast majority of handbook violations are due to employers’ failure to comply with the first prong of the Lutheran Heritage test.  The report also provides timely guidance to employers in light of a recent NLRB decision against a fast-food restaurant’s finding Section 7 violations in its employee handbook.
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