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I-9
Information You Can Use
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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! |
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Not Responsible for Accuracy of Translation which is provided by a third party as a free service Who I am 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 March 31, 2007 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 things 
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 |
Most
functions
of
INS have been taken over by two separate entities within the Department
of
Homeland
Security (DHS). But
the Form I-9
lives
on.
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 DHS, USCIS Issues new I-9 Form with a valid OMB Control Number good until June 30, 2008.  Click here for a copy in English Click here for a copy in Spanish Note: Only usable in Puerto Rico Employers Must Begin Using the New Form No Later than December 26, 2007 or Risk Being Penalized In a Federal Register notice effective November 26, 2007 USCIS announces that the new I-9 form must be used after November 26, 2007. However DHS will not seek penalites against an employer using the old form until the day after Christmas, December 26, 2007. The notice states: U.S.
Citizenship and Immigration Services is issuing this
Notice to introduce the newly amended Form I-9, ``Employment Eligibility Verification.'' Employers are required to use the Form I-9 to verify the identity and employment authorization of newly hired employees. The amended Form I-9 contains an updated list of acceptable identity and employment authorization documents that reflect the current regulations. As of November 7, 2007, the amended Form I-9 is the only valid version of the form. The Department of Homeland Security will not seek penalties against an employer for using a previous version of the Form I-9 on or before December 26, 2007. 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 must begin 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.  If you want to comment on the new I-9 formUSCIS
has extended the comment period until May 5, 2008.If you wish to submit comments here is how to do so as set forth in the April 4th Federal Register: Written comments and/or suggestions regarding the item(s) contained As described by USCIS, the E-Verify program, formerly Basic Pilot, is an online tool that allows participating employers to Click here for a copy 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. Preferred to Hire a Non U.S. Citizen Rather than a U.S. Citizen   If you would like a USCIS "Handbook for Employers Instructions for Completing Form I-9 (Employment Eligibility Verification Form)" (M-274 - Rev. 11/21/91) E-mail: and we will E-mail you
one You may also obtain a 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?  Take the I-9 Quiz,
and find
out. Click here  Well how did you do? Perhaps you'd like some training? Click here FREQUENTLY ASKED
QUESTIONS? Of Special Interest
It states:
Q
- If an employer believes a new
hire
is an alien, can s/he ask the person to produce a Green
Card when
filling out the I-9 Form?
Q
- Why must United States citizens fill out
I-9
forms?
Q - When filling out the I-9 Form, can an employer accept documents that establish identity (a list B document) and work authorization (a list C document) for an employee with one document in her maiden i.e, single, married or divorced name, and one document in a different name, e.g. her married, single or divorced name? (Now with input from the Office of Special Counsel for Immigration Related Unfair Employment Practices.) Q - Can an employer advertise for jobs stating "US citizens only", "US passport required" or some other requirement that indicates the job is only open to U.S. citizens?
If
you have other questions you would like answers to, E-mail us at ANDY.STROJNY@YAHOO.COM.
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 To
discover how to find case decisions dealing with specific subject areas,
- now with links to referenced Administrative Hearing Decisions - Find
Out
(NOW WITH LINKS TO THE REFERENCED ADMINISTRATIVE HEARING DECISIONS) Copyright (c) 1999 by the American Immigration Lawyers AssociationReprinted with Permission of: 1998-99 Immigration & Nationality Law Handbook Volume II Advanced Practice Some
argue
that making all citizens
and
immigrants carry papers
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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.
