"immigration" Blog Tag

New I-9!

February 14th, 2020

Julie Pace, David A. Selden, Heidi Nunn-Gilman

Why is the I-9 not I-9.54 by now?

The I-9 has been around since November 6, 1986, almost as long as the Mac computer. If it were an operating system, the Super Bowl or a tech start-up, the "I" would be leading a parade of number(s), or worse yet, letters masquerading as numbers.

But it isn't, it is just the I-9. And there is a new one.

Julie Pace, Dave Selden and Heidi Nunn-Gilman help with the changes and provide some commentary, including:

  • what most of the changes affect
  • who should see the instructions
  • what and where to post
  • how to deal with remote employees
  • is it possible to over-document?
  • ICE audits.

Also check out our blog that includes (actually it is the entire blog) a simple 10-question audit for employment verification.


No-match letters – IRS alert or Charles Nelson Reilly game show?

November 22nd, 2019

Frances Rayer at Cozen O'Connor

No-match letter from the IRS

What it is: an alert that indicates information provided by an employer does not match that of the Social Security Administration which will also make very clear NOT TO TAKE ADVERSE ACTION AGAINST THE EMPLOYEE as a result of the no-match letter.

What it is not: a game show featuring Charles Nelson Reilly.

Frances Rayer explains the IRS letter, what to do with it (ignoring is not an option) and what you need to do (including responding).

Bonus: Charles Nelson Reilly was in the premeir of both Bye Bye Birdie and Hello Dolly – go figure.

Employment verification sample memorandums

October 14th, 2019

Daniel Marks, David A. Selden, Demetra Makris, Heidi Nunn-Gilman, Julie A. Pace, Rick Mahrle

Gammage & Burnham

Memorandum for managers Memorandum for Managers The Company is committed to obeying the law. The C...

Immigration and employment

January 9th, 2020

Daniel Marks, David A. Selden, Demetra Makris, Heidi Nunn-Gilman, Julie A. Pace, Rick Mahrle

Gammage & Burnham

Immigration regulations and employment Probably the most prevalent of the laws regarding immigration, the Immigration Reform and Control Act (IRCA), as amended by the Immigration Act, regulates employers by:

Expired I-9 not expired (yet)

August 29th, 2019

Elizabeth Coonan at BrownWinick

Taking a page from the professional sporting leagues, United States Citizenship and Immigration Services (USCIS) decided the call that they made on the expiration date when they last printed the I-9 was in fact not correct.

Therefore, they simply changed the call. Wouldn't life be more agreeable if we could all do that.

Elizabeth Coonan explains.

Employment verification – a simple audit

February 3rd, 2020

Daniel Marks, David A. Selden, Demetra Makris, Heidi Nunn-Gilman, Julie A. Pace, Rick Mahrle

Gammage & Burnham

These 10 questions will provide a snapshot for you to use in determining whether or not you are complying with the employment verification and immigration laws and regulations. 

You should know the answer to every one of these questions. Although a “No” answer does not necessarily mean you are in violation of any laws or regulations, you should understand why the answer is “No.”

Criminal enforcement and I-9 audits

August 20th, 2019

David A. Selden, Heidi Nunn-Gilman, Jennifer L. Sellers, Julie A. Pace, Yijee Jeong

Trends in criminal enforcement During the Bush Administration, Immigration and Customs Enforcement (ICE) shifted its enforcement philosophy to emphasize criminal sanctions over fines. Julie L. Myers, then Assistant...

NY Reporting immigration status can be unneighborly . . . at best

July 31st, 2019

Subhash Viswanathan at Bond, Schoeneck & King

As of October 27, 2019, New York employers will not only be unneighborly if you:

"threaten, penalize, or in any manner discriminate or retaliate against any employee by threatening to contact or contacting United States immigration authorities or otherwise reporting or threatening to report the citizenship or suspected immigration status of an employee or an employee's family member in retaliation for an employee's complaints about alleged violations of the New York Labor Law"

you might also go to jail.

And write a check for $10,000. Or $20,000 if you are extremely unneighborly and it is your second "threaten, penalize, discriminate, retaliate" offense.

Oh, and back pay. Did I mention back pay?

No-match letters from the SSA - read and understand, then react

May 22nd, 2019

Davis Bae, Shanon Stevenson and Jeffrey Winchester at Fisher Phillips

That no-match letter from the Social Security Administration is not them breaking up with you (come on, who else who would date them? and that is no reflection on you - really). 

That letter is to let you know that you have a whole bunch of work in front of you trying to figure out why some of the employee information you sent them doesn't match the employee information they already have.

Don't freak out. Davis Bae, Shanon Stevenson and Jeffrey Winchester have worked out a 7-step guide, including what not to do, that will help you respond, will get the SSA the info they need and might even help you get your HR house in a little better order. The  seven steps:

  1. understand
  2. gauge the impact
  3. review records
  4. policies?
  6. respond
  7. I-9s

I've changed my name – to Optimus Prime

September 21st, 2018


So say an employee, let's call him, for purposes of this exercise, Scott Edward Nall, walks into your office to let you know he has changed his name to Optimus Prime.  Do you:

  1. snicker and ask him if his Laser Axe Hand is really made of energy
  2. wonder why he isn't riding a dinosaur
  3. fall to your knees and plead fealty
  4. start the process of updating Mr. Prime in your HR records.

ICE audits II – FAQs to make you wiser

September 19th, 2018

Melissa Manna at Ogletree Deakins

If Francis Bacon was right, that a prudent question is one-half of wisdom, then six questions will make you three times wiser, right? And assuming the other half of wisdom is a prudent answer, which would then make you six times wiser, then take a look at Melissa Manna's answers to six FAQs on the audit process.

  1. Who can ICE audit?
  2. How does an employer know if it is being audited?
  3. What is the potential liability?
  4. What about criminal sanctions?
  5. What types of notices should an employer expect during the audit?
  6. What happens at the conclusion of an audit?

Be prepared for ICE raids

October 24th, 2018


If your first reaction to an Immigration and Customs Enforcement (ICE) raid would be "Ice. ICE! Baby." and a slow exhale/shaking head, then read this from our our authors at Fisher Phillips now, which includes:

  • background: heat has been turned up in 2018
  • what you can do to prepare: 5-step plan
  • what to do should the government come calling

then check this breakdown of Vanilla Ice's "Ice Ice Baby".