News Articles

Jun 17, 2005
USCIS Memo Summarizes REAL ID Provisions

Feb 12, 2005
PERM Faster Labor Certification Overview

Dec 9, 2004
New H1, L1 and Investigative Provisions

Nov 16, 2004
No Consequence for Failure to Register?

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An I-9 form is required for every worker employed in the United States. United States Citizenship and Immigration Services ("USCIS") requires that an employer maintain a file where these forms can be audited. Failure to comply with I-9 requirements can initially result in monetary sanctions. The new form has been designed secure compliance with legal workers and allow the government a greater opportunity to audit and sanction employers who are employing undocumented workers.

USCIS has an increased budget next year and we are expecting to see a big increase in audits and other enforcement actions in the next year. The increased budget has been allotted to allow for more enforcement. There have been and will be more investigations and audits of companies who employee suspected illegal workers. Additionally, the old form had been legally contested. The box on the form which allowed a person to declare themselves a “citizen” or “national” of the United States had been challenged in Court. Specifically, Department of Homeland Security had taken the position that if a person checked the box that stated that they were a “citizen” they had made a “false claim to citizenship” and therefore, could suffer legal consequences. One these consequences is a bar from legal admission to the United States. Meaning, that even if you had a valid visa to be admitted as a visitor or resident, you were legally barred if you made a false claim to citizenship. What is worse is that the bar was for life. Since the penalty was so harsh, many who would arguably be subject to the penalty argued that claiming that you were a “national” did not equate to claiming you were a “citizen.” Many courts agreed with this analysis and argument and therefore, did not impose the lifetime bar. The new form seeks to remedy this lack of clarity to the claims being made.

The new version of Form I-9, Employment Eligibility Verification is coupled with M-274, Handbook for Employers, Instructions for Completing the Form I-9. The form and handbook are supposed to be available on the USCIS at www.uscis.gov. However, there have been problems with the availability of the form due to technical difficulties. USCIS "encourages" use of the new form immediately, but indicates that it will not be required until notice is published in the Federal Register.

To learn more, please review the USCIS Memo, linked above, or call our office for a consultation regarding this issue.