New M-274, Handbook for Employers Available
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USCIS issued an updated Form M-274, Handbook for Employers: Instructions for Completing the Employment Eligibility Verification (Form I-9) on June 1. It contains minor changes to the January 5, 2011, version, which contained these new features:
1) New visual aids for completing Form I-9
2) Examples of new relevant USCIS documents
3) Expanded guidance on lawful permanent residents, refugees, and asylees, individuals in Temporary Protected Status (TPS), J exchange visitors, and F-1 and M-1 students
4) Expanded guidance on the processing of employees in or porting to H-1B status and H-2A status
5) Expanded guidance on extensions of stay for employees with temporary employment authorization, including the 240-day, H-1B cap-gap, and STEM OPT gap
6) Information for employers in the Commonwealth of the Northern Mariana Islands (CNMI) who must verify their employees' employment authorization
on Form I-9 CNMI.
The June 1, 2011 version retains these changes and adds a few minor clarifications. The Handbook is expecially helpful to employers seeking to comply with the employment eligibility requirements.
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Rep. Smith's Mandatory E-Verify Bill Draws Supporters and Critics
On June 29, while reiterating his commitment to immigration reform, President Barack Obama said the Internet-based E-Verify employment eligibility system can be an important enforcement tool to curb illegal immigration, but only if it can be made error-free. "We don't want to expose employers to the risk where they end up rejecting a qualified candidate for a job because [E-Verify] says that the person is an illegal immigrant," Obama said. "The goal right now is to see if we can perfect the E-Verify system."
On June 15, the House Immigration Subcommittee conducted a hearing on the "Legal Workforce Act" (H.R. 2164, Rep. Lamar Smith, R-TX), which would mandate implementation of the E-Verify system nationwide for all employers and all workers within three years of enactment. E-Verify is a controversial Internet-based system that is designed to help employers verify the employment eligibility and immigration status of job applicants. It allows employers to compare information from an employee's job application with information contained in databases with the Department of Homeland Security (DHS) and Social Security Administration (SSA).
Supporters claim that E-Verify is critical to preventing undocumented immigrants from securing U.S jobs, especially those funded by federal stimulus funds. To date, more than 250,000 American employers have signed up voluntarily for E-Verify, with another 1,300 new businesses signing up each week, Rep. Smith said.
Opponents argue that the DHS and SSA databases are error-filled and unreliable, making E-Verify a seriously flawed system. They maintain that E-Verify improperly identifies a significant number of eligible employees as being ineligible to work in the U.S.
Currently, E-Verify is voluntary for U.S. employers, except for federal contractors and subcontractors who must use the system to check their workers' employment eligiblity under existing law.
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ICE Begins New Round of I-9 Audits
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This month, U.S. Immigration and Customs Enforcement (ICE) began a new round of I-9 audits by serving I-9 Notices of Inspection (NOIs) to 1,000 businesses nationwide. Upon receipt of a Notice of Inspection, employers will have three days to prepare for a meeting with federal officials in which the company's I-9 forms will be reviewed. In addition to providing properly completed I-9 forms for all current and recently terminated employees, employers could be asked to submit payroll documentation and other employee documentation.
ICE notes that this round of I-9s "will touch on employers of all sizes and in every state in the nation, with an emphasis on businesses related to critical infrastructure and key resources." These businesses include those associated with agriculture and food, financial services, commercial nuclear reactors, drinking water and water treatment, postal and shipping, healthcare, and transportation. Employers could also be targeted based on specific leads and allegations of hiring unauthorized workers, exploiting workers, and paying unfair wages.
With this latest round of NOIs, ICE is continuing its policy to investigate employer's compliance with federal immigration law through I-9 audits. The prior round of NOIs was issued in February to 1,000 businesses. According to ICE, over 2,300 NOIs were issued to businesses this year. This is an increase from the reported 2,196 audits issued in fiscal year 2010 and the 1,444 audits in fiscal year 2009.
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