Summary of Federal Laws
|AVP for Human Resources|
Miscellaneous Employment Laws
The Immigration and Nationality Act of 1952 (as amended)
Verification of of Employment Eligibility
I-9 Compliance: The Immigration Reform and Control Act of 1986 requires employers to verify that individuals hired after November 7, 1986 are legally entitled to work in the U.S. The 1986 amendments prohibit employers from knowingly hiring undocumented aliens and authorize fines of up to $2,000 for each illegal hire. This is known as the employment eligibility verification process, and a Form I-9 must be completed and kept on file for all employees. The form must be kept for three years after the date of hire or one year after termination. See 8 C.F.R. § 274a.2. The law also protects against discrimination on the basis of alienage and national origin. See 8 U.S.C. § 1324B.
Table of Changes for Revised M-274 (1/22/17)
Updated I-9 Penalties-81 Fed. Reg. 42987, July 1, 2016 (adjusted for inflation)
The adjusted penalties will be effective for civil penalties assessed after August 1, 2016 whose associated violations occurred after November 2, 2015.
Form I-9 Paperwork Violations:
Prior fine: $110 to $1,100 per violation
New fine: $216 to $2,126 per violation
E-Verify – failure to notify DHS of continuing employment when employee receives Final Non-Confirmation
Prior fine: $500 to $1,000 per worker
New fine: $751 to $1,502 per worker
Unfair Immigration-Related Practices (First Order):
Prior fine: $375 to $3,200 per worker
New fine: $445 to $3,563 per worker
Unfair Immigration-Related Practices (Document Abuse):
Prior fine: $110 to $1,100 per worker
New fine: $178 to $1,782 per worker
Knowingly hiring, recruiting, referring, or retaining an unauthorized worker:
New Fines: $539 to $4,313 per unauthorized individual for the first offense;
$4,313 to $10,781 per unauthorized individual for the second offense; and
$6,469 to $21,563 per unauthorized individual for subsequent offenses.
FInal Rule; Electronic Signature and Storage of I-9, Employment Eligibility Verification, 75 Fed. Reg. 42575, July 22, 2010; This final rule permits employers to complete, sign, scan, and store the Form I-9 electronically (including an existing Form I-9), as long as certain performance standards set forth in this final rule for the electronic filing system are met. DHS has separately revised the substantive documentary requirements for employment verification that form the basis for the Form I-9. Documents Acceptable for Employment Eligibility Verification, 73 FR 76505 (Dec. 17, 2008) The Form I-9 has been available to the public in numerous paper and electronic means since 1986. The Form I-9 is available online at the U.S. Citizenship and Immigration Services (USCIS) Web site.
*******E-Verify Supplemental Guide for Federal Contractors dated Sept. 8, 2009 Very helfpul, with colored charts! Published by ICE.
See also the Client Alert dated Sept. 10, 2009 titled USCIS Issues Guidance Regarding E-Verify Federal Contractor Rules and Reminds Employers that the Rule is Effective September 8, 2009 by Klasko immigration attorney Elise A. Fialkowski.
In a decision dated 8/26/09 in Chamber of Commerce of US v. Napolitano (US Dist. Court SD Maryland) the court upheld the legality of EO 13465. See also the CCH Labor and Employment Update dated 8/27/09.
E-Verify Further Delay: The federal government again postponed E-Verify for federal contractors, until Sept. 8, 2009. See the Littler Employment Law Update dated June 2, 2009 by Jay Sumner. See also the text at 74 Fed. Reg. 26981 (June 5, 2009).
Final Rule on Employment Eligibility Verification (E-Verify)(Supplements I-9 requirements)
73 Fed. Reg. 67651, November 14, 2008
In addition to I-9 requirements which are applicable to all employers in the United States, this rule requires certain contractors and subcontractors to use the USCIS E-Verify System to verify that certain employees are eligible to work in the United States. The rule is effective June 30, 2009 (See 74 Fed. Reg. 17793 (April 17, 2009)) and implements the Executive Order below. Under the final rule, institutions of higher education that qualify as federal contractors can choose to limit the E-Verify verification to only employees (existing or new hires) assigned to the federal contract in question. It will apply to federal contracts with a value of $100,000 or more and a performance period of greater than 120 days. The rule also applies to subcontracts of more than $3,000. See the USCIS FAQ on this issue. See NAFSA for more on this new rule, and also the Morgan Lewis article titled E-Verify Final Regulations for Federal Contractors is Released.
Social Security No-Match Letters
Department of Justice FAQ on Name/Social Security Number No Match Letters: December 2010:
Issued by the DOJ Office of Special Counsel
Final Rule: Safe-Harbor Procedures for Employers Who Receive a No-Match Letter: Rescission; 74 Fed. Reg. 51447, Oct. 7, 2009
The Department of Homeland Security (DHS) is amending its regulations by rescinding the amendments promulgated on August 15, 2007, and October 28, 2008, relating to procedures that employers may take to acquire a safe harbor from receipt of No-Match letters. DHS is amending its regulations as proposed on August 19, 2009, without change. The final rule is effective Nov. 6, 2009. The October 2008 final rule established a safe harbor for employers who followed the safe harbor procedures set forth in the rule after receipt of a "no match letters" from the Social Security Administration (SSA) or "Notice of Suspect Documents" letters from DHS. (SSA sends "no match" letters to some (though not all) employers when the combination of an employee's name and social security number on an employer's W-2 earnings reports do not match SSA records. After further review, DHS has determined to focus its enforcement efforts relating to the employment of aliens not authorized to work in the United States on increased compliance through improved verification, including participation in E-Verify, ICE Mutual Agreement Between Government and Employers (IMAGE), and other programs.
Electronic Signature and Storage of Form I-9, Employment Eligibility Verification, 71 Fed. Reg. 34510 June 15, 2006, Interim Rule, effective June 15, 2006
This interim rule amends Department of Homeland Security regulations to provide that employers and recruiters or referrers for a fee who are required to complete and retain Forms I-9, Employment Eligibility Verification, may sign and retain these forms electronically. This interim rule implements statutory changes to the Form I-9 retention requirements by establishing standards for electronic signatures and the electronic retention of the Form I-9. Written comments due on or before August 14, 2006.
Common Mistakes and How to Avoid Them (I-9 preparation- USCIS)
See especially page 10 for an overview of Rules and Responsibilites. What all Employers must do and must not do.
International Student and Scholar I-9 Resource Page: Includes Statutes, guidance, Form I-9, and relevant Executive Orders and further information on E-Verify, including past federal register notices.
updated 1-19-17 to add new I-9 form
CCR updated CFR links 6/1/15