I-9 Compliance is More Critical than Ever
I-9 Compliance has never been more critical in light of President Trump’s focus on illegal immigration and efforts to identify individuals who are legally residing in the United States. In his recent Executive Order on Enhancing Public Safety in the Interior of the United States, President Trump has directed all federal agencies to employ all lawful means to ensure the faithful execution of the immigration laws of the United States against all removable aliens.
In furtherance of this directive, the President has included provisions which will allow the Secretary of Homeland Security the discretion to ensure the assessment and collection of fines and penalties from aliens unlawfully present in the United States and those who “facilitate their presence,” which many commentators have construed to include employers who are illegally employing aliens who are not authorized to work in the U.S., as well as, those employers who have failed to comply with I-9 requirements to confirm employee identity and authorization to work in the U.S. For this reason, it is highly anticipated that the Department of Homeland Security will increase efforts to audit employers with regard to I-9 compliance and ramp up collection efforts on fines that were previously assessed.
What Should Employers Be Doing?
Employers need to ensure that they are knowledgeable on Form I-9 requirements and, more importantly, how to identify and correct substantive mistakes in completing the Form I-9. A new version of the Form I-9 became effective on January 21, 2017. A copy is attached for your reference. Employers should be conducting regular self-audits to evaluate I-9 Compliance and document corrective action.
Please note that the U.S. Citizenship and Immigration Services has published an updated version of form M-274 Handbook for Employers on Guidance for Completing the Form I-9. The handbook provides employers with extremely valuable information and detailed guidance for completing the updated version of the Form I-9. An electronic copy of the handbook can be found at: https://www.uscis.gov/sites/default/files/files/form/m-274.pdf.
Attachment: Form I-9
***Please Save the Date***
Friday, April 7, 2017
9 am to Noon
The Law Office of Diana Macias Valdez, PLLC will be hosting a comprehensive half-day workshop on I-9 Compliance to include the following topics:
Cost for the seminar will be $50.00 for early registration before March 17, 2017 and $75.00 after the early registration deadline. Space will be limited. To reserve your seat in advance, please contact firstname.lastname@example.org. More information will be provided soon.