The passage of the vaguely named “Right to Privacy in the Workplace Act” led to widespread chatter that the law possibly prohibited employers from using E-Verify unless they were explicitly required to do so under federal law. In response to the confusion, Seyfarth attorneys sought clarification from Illinois state representatives
Continue Reading E-Verify in Illinois: SB0508 Myths Dispelled, Rights ProtectedAdditional contributing author: Matthew Parker*
USCIS’s E-Verify Disposal Announcement
The U.S. Citizenship and Immigration Services (USCIS) recently announced that employers using E-Verify have until January 5, 2025, to download and retain records for cases last updated on or before December 31, 2014. After this date, USCIS will permanently dispose of
Continue Reading Last Call for E-Verify Records: Compliance Steps Before the January 5, 2025 DisposalOn August 18, 2020, Immigration and Customs Enforcement (ICE) announced that employers have an additional 30-day extension to the flexibilities in rules related to Form I-9 compliance. This relaxation of the requirement to defer the in-person, physical inspection of new hires’ identity and employment eligibility documentation was initially granted in March and will now expire on September 19, 2020.
Continue Reading The 2020 Summer Defrost Continues: ICE Extends I-9 Flexibility
On June 16, 2020, U.S. Immigration and Customs Enforcement (ICE) once again announced a 30-day extension of flexibility for the remote completion of Form I-9 (Employment Eligibility Verification), and a dispensation from the usual rule requiring an in-person review of original documents of an employee’s identity and employment eligibility within three days of hire. The flexibility now runs until July 18th.
Continue Reading ICE Extends Virtual I-9 Flexibility for 30 Days: Announcement Does Not Address Increasing Employer Questions
As employers consider whether it is safe for employees to return to work, busy in-house counsel and HR leaders need I-9 and E-Verify answers. U.S. Immigration and Customs Enforcement (ICE) and US Citizenship and Immigration Service (USCIS) have temporarily allowed virtual I-9 completion procedues in place of the in-person verification
Continue Reading Return to Business: COVID-19 Immigration Compliance – I-9 Update Webinar May 18th,
Late Friday afternoon, April 3, 2020, the Department of Homeland Security posted the following questions and answers in response to stakeholders queries on Form I-9 obligations in the midst of COVID-19. We applaud the U.S. Citizenship and Immigration Services (USCIS) for taking the lead on coordinating these responses and anticipate they will continue to be responsive to employer queries. The Q&A reiterates the original Immigration and Customs Enforcement (ICE) guidance, including confirming a hard deadline on timing- three days to complete the I-9 initially via a virtual/remote method and then three days to update with an in-person inspection once the business resumes normal operations. The Q&A also provides clarification on how to complete a Form I-9 with an expired driver’s license (sneak peek: use the actual expired date and write COVID-19 on the Form). Curiously the Q&A references electronic systems that don’t offer an additional information box field but suggests attaching a note to the I-9. The Q&A also confirms our suggestion, the person who views the documents in -person should enter their name and date in the Additional Information Box.
Continue Reading New COVID-19 Q&As Related to Form I-9 and E-Verify
With the closure of Social Security Administration (SSA) offices in the wake of COVID-19, we are receiving questions concerning the impact on work authorization for individuals who may have recently entered the U.S. in a temporary work authorized visa status, i.e. H-1B, L-1, TN, E etc.
While the Social Security Number (SSN) is used and required, in a variety of areas, it is not mandatory to be presented as proof of work authorization.
Continue Reading SSA Office Closures and the Impact on SSN Issuance For Foreign Nationals
Monday, March 30, 2020 at 11am EDT
Hosted by Seyfarth Shaw and the US Chamber of Commerce 
The Department of Homeland Security (DHS) recently issued I-9 and E-Verify guidance in relation to the COVID-19 pandemic. The panel, which
Continue Reading Webinar: Virtual Coffee on Virtual I-9s
Seyfarth Synopsis: E-Verify has offered guidance to employers to address concerns with expiring State Drivers’ Licenses and Identification Documents. The guidance, though, fails to address the situation where states have not granted temporary Driver’s Licenses or IDs extensions.
In response to queries sent by Seyfarth and other groups, E-Verify provided additional guidance addressing the COVID-19 National Emergency. We expect E-Verify to release a full FAQ in the next week. Today’s guidance addresses the expiration of State Drivers’ Licenses and Identification Documents where employees are unable to renew these documents because of closures or limited services at Department of Motor Vehicles (DMVs). In light of the National Emergency many states have extended the validity of these documents.
Continue Reading E-Verify COVID-19 Guidance on Expired Driver’s Licenses and State IDs
Seyfarth Synopsis: The outbreak of the Novel Coronavirus (COVID-19) has resulted in unprecedented travel restrictions, U.S. consular appointment cancellations, and changes to USCIS operations. To help navigate these challenges, Seyfarth is providing a brief summary of recent developments from the U.S. Department of Homeland Security, U.S. Department of State, and U.S. Department of Labor.
Updates from the U.S. Department of Homeland Security
Continue Reading COVID-19 Immigration Updates From the Agencies