What's New in Employment Eligibility Verification

Employment eligibility verification is nothing new to employers. Under the Immigration Reform and Control Act of 1986, US employers are required to complete an I-9 form for each employee they hire after November 6, 1986. While verification may not be a new concept, the landscape of employment verification obligations has changed quite a bit, and there are more changes on the way. The US Citizenship and Immigration Services recently proposed revisions to the I-9 form. Immigration Customs and Enforcement (aka ICE) is stepping up enforcement efforts and conducting more audits not only to determine whether companies are employing unauthorized workers, but also to assess whether employers are discriminating against certain groups of workers based on their national origin or citizenship status during hiring, firing and recruiting.

In this episode, we talk about immigration and employment eligibility rules with our guest, John Fay. We discuss revisions to the I-9 verification form, who is at risk for an ICE audit, and the dangers of "going too far" in trying to comply with I-9 verification obligations. We talk about E-Verify, its expansion through the IMAGE program, and how to decide whether enrollment is right for your organization. We also provide some practical suggestions on how employers can balance the need for strict employment eligibility compliance and the need to protect employees' rights.