A new version of the Form I-9 will be released on November 22, 2016 and become mandatory on January 22, 2016. Patricia A. Bollman will deliver a 90 minute Power Point presentation designed to train Human Resource and Personnel departments on how to complete the new version of the Form I-9. Webinars will be held on: Tuesday, December 6, 2016 from 10:00 a.m. to 11:30 a.m. CT, or Wednesday, December 14, 2016 from 1:00 p.m. to 2:30 p.m. CT, or Thursday, January 12, 2017 from 10:00 a.m. to 11:30 a.m. CT.
The U.S. Citizenship and Immigration Services ("USCIS") has announced that the new Form I-9 will be released on November 22, 2016. For the time period November 22, 2016 through January 21, 2017, either the previous version of the Form I-9 (dated 03/08/13) or the new version of the Form I-9 (dated 11/22/16) can be used. Effective January 22, 2017, the new version will be the only version that can be used and all previous versions will be invalid.
The Office of the Chief Administrative Hearing Officer ("OCAHO") released a ruling on June 21, 2016 fining a California restaurant $18,350 for Form I-9 violations, reducing the penalty significantly from the almost $42,000 fine assessed by Immigration and Customs Enforcement ("ICE"). Administrative Law Judge Stacy S. Paddack ordered East Coast Foods Inc., doing business as Roscoe's House of Chicken N Waffles, to pay a penalty of $18,350, after finding it failed to prepare or present I-9 forms for certain workers, along with other violations related to form completion.
Administrative Law Judge Ellen K. Thomas with the Office of the Chief Administrative Hearing Officer ruled that Golden Employment Group, Inc., a temporary employment company is liable for over 400 violations related to its I-9 forms according to an Order published on Friday, April 15, 2016. In her Order, Judge Thomas noted that the E-Verify program doesn't claim to shield employers from having to properly complete the I-9 forms.
On Tuesday, March 29, 2016, the United States Citizenship and Immigration Services ("USCIS") announced that it is seeking comments on possible changes to the Form I-9 after making additional updates to the proposed form, including drop-down lists and extra spaces for entering more than one translator/preparer. USCIS said the public will not have another 30 days to provide comments on the suggested changes, setting the deadline at April 27, 2016. USCIS published the 30-day notice in the Federal Register on Monday, March 28, 2016.
The United States Citizenship and Immigration Services ("USCIS") announced on Thursday, March 31, 2016 that, until further notice, employers should continue using Form I-9, Employment Eligibility Verification. The current version of the Form I-9 continues to be effective even after the Office of management and Budget control number expiration date of March 31, 2016, has passed. USCIS will provide updated information about the new version of the Form I-9 as it becomes available. The Bollman Firm will post a blog when the new Form I-9 is released.
The U.S. Attorney for the Eastern District of Louisiana, Kenneth A. Polite announced on Thursday, February 18, 2016 that Ke Lian Zhao, 50, of Kenner, pled guilty to employing unauthorized foreign nationals at his restaurant La Jumbo China Buffet ("Jumbo Buffet"). Jumbo Buffet also pled guilty to two counts of making false statements to federal agents.
Immigration and Customs Enforcement (“ICE”) has issued its Annual Report for Fiscal Year 2014 on its worksite enforcement efforts as required by federal law. Current worksite enforcement strategies are the result of guidance issued in April, 2009 by the Department of Homeland Security (“DHS”) Secretary which stated that ICE resources would focus on the worksite enforcement program by performing criminal investigations and prosecuting employers who knowingly hired unauthorized workers as a means of targeting one of the root causes of illegal immigration.
On November 24, 2015, the United States Citizenship and Immigration Services (“USCIS”) published a notice in the Federal Register to inform the public of proposed changes to the Form I-9. The notice allows the public a 60 day period to comment on the proposed changes. After the 60-day period ends, USCIS may make changes to the form based on comments received and will publish a second notice in the Federal Register. The public will have an additional 30 days to provide comments on proposed changes.