I-9 Information You Can Use
Give me your tired, your poor,
Your huddled masses yearning to breathe free.
The wretched refuse of your teeming shore.
Send these, the homeless, the tempest- tost to me
I lift my lamp beside the golden door!

Statute of Liberty

(Updated April 4, 2009)



Not Responsible for Accuracy of Translation which is provided by a third party as a free service


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Services We Offer

Lawsuit says DHS deported a native born U.S. citizen who was disabled.  Click here.  Illustrates why it is important that any immigration reform bill be practical.
I-9 form OMB Control number expired June 30, 2008 without an extension - What does this mean?  Whatever it means, the comment period has ended but it doesn't hurt to try.

Where to email your Congressional Representatives to let them know your views or seek their help in determining what's going on.

Employer Sanctions Law and Department of Homeland Security Implementing Regulations

Nondiscrimination law applicable to employer sanctions and implementing Department of Justice Regulations.

Will a national ID card make thingsElectronic Tattoo easier?  Read "Papers, Papers . . . Please:  A National ID or an Electronic Tattoo?" 

An Overview of the antidiscrimination provision applicable to employer sanctions "IRCA's ANTIDISCRIMINATION PROVISION - How It Works and Can It Be Used to Combat Anti-Immigrant Fears?

Would the 2007 Immigration Bill, the "Grand Bargain", Have Solved Our Immigration Problems?

See our comments on the DHS proposed rule allowing it to maintain information on individuals that is arguably inaccurate and irrelevant.
Useful Links



The U.S. Citizenship and Immigration Services (USCIS) I-9 Form -
The most filled out Federal form other than the IRS 1040 Tax Form.

We can help you do it correctly.
Contact Andy Strojny at andy.strojny@yahoo.com
and learn how

Things you need to know.

Do you know it is against the law to prefer U.S. Citizens for most jobs over permanent residents and other legal U.S. workers?

Do you know that there is a way for legal U.S. workers to challenge an employer who they believe prefers to hire unauthorized workers or H-1B visa holders for jobs to the exclusion of U.S. Citizens, Permanent Residents, and other legal U.S. workers?

Do you know that the current I-9 Form is in violation of the Paperwork Reduction Act and what that means?

Do you know how the E-Verify system can suggest employees are not work authorized when they are and what can be done about it?


In a one day training course, I can provide you with answers to these questions and help ensure that the laws against
hiring unauthorized workers are fairly and effectively enforced.

Keep reading for a preview of what is covered.

NewUSCIS issues new I-9 form and updated Handbook for Employers
Click her for the new I-9 Form

Click here for the updated Handbook for Employers

Handbook for Employers


USCIS NOTICE


Office of Communications

USCIS Update April 3, 2009

USCIS Reminds all U.S. Employers of Requirements to Use Revised Form I-9, Employment Eligibility Verification

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) issued a reminder that the revised Form I-9, Employment Eligibility Verification (Rev. 02/02/09), goes into effect today for all U.S. employers. The revision date is printed on the lower right-hand corner of the form.

The interim final rule, published Dec.17, 2008 in the Federal Register, revised the list of documents acceptable for the Employment Eligibility Verification (Form I-9) process. Employers may no longer use previous versions of the Form I-9.

The revised list improves the security and effectiveness of the Form I-9 process. The list specifies that expired documents are no longer acceptable forms of identification or employment authorization. Allowing for expired documents makes it more difficult for employers to verify an employee’s identity and employment authorization and compromises the Form I-9 process.

USCIS also updated the Handbook for Employers – Instructions for Completing Form I-9 to reflect the requirements of the revised Form I-9.
For more information on USCIS and its programs, or to obtain the revised Form I-9 and handbook, visit www.uscis.gov. Employers who do not have computer access can order Forms I-9 by calling our toll-free forms line at 1-800-870-3676.

USCIS forms and information on immigration laws, regulations, and procedures can also be requested by calling the National Customer Service Center toll-free at 1-800-375-5283.
- USCIS -

Click here for the actual notice.





 
UpdatedDHS, USCIS Issued new I-9 Form with a valid OMB Control Number
good until June 30, 2009 but then fails to get an extension from OMB.

Click here for a copy of the current I-9 form
  
Click here for a copy in Spanish Note:  Only usable in Puerto Rico

  Employers Should Have Begun Using the New Form No Later than December 26, 2007
or Risk Being Penalized

NOTE:  The new forms put an end to the use of some documents that are listed
on the old I-9 form. 
For more information go to the USCIS website. 
   Click here to be taken to the relevant webpage.

  There is also a NEW revised Handbook for Employers
Click here for a copy

Note:  There are significant differences between the old and new Handbook for Employers
Note:  pursuant to the USCIS November 26, 2007 Federal Register notice all employers should have begun using
the new I-9 Form by December 26, 2007 or be subject to penalties.
   Click here to be taken to the relevant USCIS webpage for more information.

E-Verify
As described by USCIS, the E-Verify program, formerly Basic Pilot, is an online tool that allows participating employers to
Findings of the Web Basic Pilot Evaluation have been released.

Click here for a copy

Click here to see the OSC Guidance for what should be done when an employer receives a "no-match" letter.



District Court temporarily stops enforcement of the no-match rule set forth below.

According to a story on yahoo news:

A federal judge has blocked a proposed rule requiring employers to fire workers whose names don't match their Social Security numbers, dealing a major blow to the Bush administration's crackdown on illegal immigration.

Under the rule, businesses with employees whose names and Social Security numbers didn't match would have three months to correct the mistakes or fire the employees. If not, they could face government prosecution.

Businesses had argued that enforcing the rule would be expensive and expose them to legal action either from the government, if they didn't comply, or from any employees fired unfairly because of a mistake not corrected in time.

U.S. District Judge Charles Breyer's temporary injunction, issued Wednesday, stopped the Department of Homeland Security proposal from going into effect, at least temporarily.

Breyer said the proposal would likely impose hardships on businesses and their workers. Employers would incur new costs to comply with the regulation that the government hasn't evaluated, and innocent workers unable to correct mistakes in their records in time would lose their jobs, the judge wrote.

* * * * *

This is the rule that is the subject of Judge Breyer's order.   It was published August 15, 2007.  The regulation preamble says:

The amended regulation describes the legal obligations of an employer,
under current immigration law, when the employer receives a no-match letter
from the Social Security Administration or receives a letter regarding
employment verification forms from the Department of Homeland Security.
It also describes ``safe-harbor'' procedures that the employer can follow in response to
such a letter and thereby be certain that the Department of Homeland
Security will not use the letter as any part of an allegation that the
employer had constructive knowledge that the employee referred to in
the letter was an alien not authorized to work in the United States.

(click here for the whole rule)

Note that on March 28, 2008, U.S. Immigration and Customs Enforcement published a proposed rule to deal with the issues of concern to the District Court.  Click here to see that rule.

Existing Law Provides a Remedy for U.S. Citizens Who Believe an Employer
Preferred to Hire a Non U.S. Citizen Rather than a U.S. Citizen

Click Here

The Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) Agrees.

On May 1, 2008, OSC assessed a $45,000 civil penalty against iGate Mastech to settle a discrimination allegations that it favored "H-1B visa holders to the exclusion of U.S. citizens, lawful permanent residents, and other legal U.S. workers."   OSC maintained that preferring H-1B visa holders over legal U.S. workers constituted citizenship status discrimination and is prohibited by the Immigration and Nationality Act.


Handbook for Employers
Updated If you would like a USCIS "Handbook for Employers
Instructions for Completing Form I-9 (Employment Eligibility Verification Form)"
(M-274 - Rev. 04/03/09)

E-mail:

ANDY.STROJNY@YAHOO.COM

and we will E-mail you one
(Handbooks only available by E-mail).

You may also obtain a 
"Handbook for Employers" 
  by going to the 
Employer Information Page
on the U.S. Citizenship and Immigration Services website.





The I-9 Handbook for Employers contains I-9 forms.  However, if you would like to download I-9 (also called I9) Forms alone (without the Handbook for Employers), go to the I-9 download page at the U.S. Citizenship and Immigration Services Website and follow the instructions posted there.


Are you doing right?Professorial Carrot Take the I-9 Quiz, and find out.
Click here
Pacing worried Felix the Cat
Well how did you do?
Perhaps you'd like some training?
Click here


FREQUENTLY ASKED QUESTIONS?
STRAIGHT FORWARD ANSWERS!

Of Special Interest

It states:


Other Questions
(click on the question for the answer)

Q - How long must an employer retain an employee's I-9 form?                                                                             
                                                                                                                                                

If you have other questions you would like answers to, E-mail us at ANDY.STROJNY@YAHOO.COM.
 If they are of general interest,
we will attempt to find answers and post them here.


Administrative Hearing Decisions

If an employer is charged with violating the Immigration and Nationality Act's (INA) nondiscrimination or employer sanctions provisions, the employer has a right to an administrative hearing.  The case decisions issued by the administrative hearing examiner after an administrative hearing are a matter of public record.

You can discover if any administrative hearing case decision has dealt with situations you are interested in by going to the
Office of Chief Administrative Hearing Officer (OCAHO) webpage and clicking on one of the Cumulative Topical Index of Published and Indexed Decisions links.

To discover how to find case decisions dealing with specific subject areas,
click here.


"IRCA's ANTIDISCRIMINATION PROVISION - How It Works and Can It Be Used to Combat Anti-Immigrant Fears?"

- now with links to referenced Administrative Hearing Decisions -

Find Out

  • Why ALL PEOPLE IN THE UNITED STATES - citizens and legal immigrants alike - have a stake in the enforcement of IRCA's nondiscrimination provisions.

  •  How to comply with Employer Sanctions and I-9 Requirements WITHOUT discriminating.

  •  Why exploiters of illegal immigrants fear IRCA's nondiscrimination provisions.

"IRCA's ANTIDISCRIMINATION PROVISION - How It Works and Can It Be Used To Combat Anti-Immigrant Fears?"

Click Here

(NOW WITH LINKS TO THE REFERENCED ADMINISTRATIVE HEARING DECISIONS)

Copyright (c) 1999 by the American Immigration Lawyers Association

Reprinted with Permission of:
1998-99 Immigration & Nationality Law Handbook
Volume II  Advanced Practice


Some argue that making all citizens and immigrants carry papers
will make enforcement of employer sanctions easier.

Find out some of the issues involved.

Papers, Papers . . . Please:  A National ID or an
Electronic Tattoo?

Electronic Tattoo

Click here

Reprinted with the permission of the publisher of Interpreter Releases
West Group (901 15th St., NW,Suite 1010, Washington D.C.  20005, phone 202-337-7000)
Further reproduction or use without the permission of the publisher is prohibited

Useful sources of I-9 Information are:

The Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) - Check out their Frequently Asked Questions page at:

http://www.usdoj.gov/crt/osc/htm/facts.htm

and avoid violating the nondiscrimination provisions of the Immigration Reform and Control Act (IRCA), a part of the Immigration and Nationality Act (INA), when you fill out an I-9 Form.

U.S. Citizenship and Immigration Services also has useful information and downloadable I-9 Forms.  You can find the forms at:

http://www.uscis.gov/files/form/i-9.pdf

The Office of the Chief Administrative Hearing Officer (OCAHO) has useful information about the administrative hearing process and has hearing decisions concerning allegations that employers violated employer sanctions provisions or discriminated against individuals on the basis of their citizenship status or national origin.
You can find it at:

 http://www.usdoj.gov/eoir/ocahoinfo.htm



We are committed to helping Employees and the General Public know their rights and Employers know their responsibilities under the laws governing Employer Sanctions.
As interest warrants, we will be posting additional information about the I-9 process, DHS Employer Sanctions provisions, and the protections against citizenship status discrimination.

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