Immigration

Post-pandemic remote inspection of I-9 documents set to end July 31

05/15/2023

On May 4, the Department of Homeland Security and U.S. Immigration and Customs Enforcement announced an end to pandemic-era rules that allow employers to remotely inspect new hires’ I-9 documents. The flexible rules will expire on July 31. Employers will then have another 30 days to reach full compliance with I-9 documentation requirements.

Warn supervisors against screening applicants by national origin

04/17/2023

This seems obvious, but apparently it needs restating: Managers and supervisors should never consider where an applicant was born when making hiring decisions. Two recent cases illustrate the peril.

What HR pros need to know about immigration and I-9s

03/16/2023

As an HR professional, you’ve been deputized to enforce the nation’s immigration laws.

Feds announce major crackdown on child labor

03/03/2023

The U.S. Department of Labor and the Department of Health and Human Services on Feb. 27 announced a new interagency effort to combat child labor and exploitation. One of the primary tactics they will use: strict enforcement of employer compliance with the rules for completing I-9 forms.

I-9 update: How to recognize newly redesigned green cards

02/27/2023

The latest I-9 document changes involve green cards, officially known as permanent resident cards. U.S. Citizenship and Immigration Services (part of the Department of Homeland Security) began issuing new, revised green cards on Jan. 30.

Factor workers’ immigration status into layoff decisions

01/24/2023

Fears of a looming recession have some employers making contingency plans for laying off workers. Before you follow suit, think carefully about how you’d bring back employees if the economy rebounds quickly. That’s especially important if you wind up having to lay off employees who are legally working in the United States on immigrant visas that require remaining employed.

Don’t use citizenship as a hiring factor

12/20/2022

Most employers know they can’t take protected characteristics like age or disability into consideration. But some hiring managers may think it’s fine to bypass an applicant with a precarious legal immigration status in favor of a U.S. citizen based on the belief that citizens won’t lose the legal right to work. They are wrong.

Recruiting visa workers? Include a salary range

11/22/2022

When requesting work visas from the federal government, employers know they must justify the move by showing they haven’t found American workers for open positions. But there’s no specific DOL requirement that job postings aimed at foreign recruits include salary ranges. That may mean that bringing those workers here may violate state and local wage transparency laws.

DACA: Final rule finally issued

09/06/2022

Ten years after the Deferred Action for Childhood Arrivals policy was first implemented, U.S. Citizenship and Immigration Services has released a final rule codifying how DACA is supposed to work.

Remote I-9 document inspection takes one teeny step toward permanence

08/22/2022

Since the onset of the pandemic, employers have generally been allowed to inspect employees’ Form I-9 documents remotely. ICE would now like to actually write this flexibility into the I-9 regulations. Here’s a preview of what that might look like.