Back to Basics: ICE, Form I-9, and Employment Eligibility Verification

Employers have had their hands full contending with all the novel issues surrounding the ongoing pandemic and its impact on their workplaces, and some may not have been “minding the store” when it comes to all the rules related to employee onboarding. Last year, U.S. Immigration and Customs Enforcement (ICE) implemented temporary flexibilities, set to expire at the end of this year, related to how an employer may onboard its new remote employees and comply with Form I-9 in-person physical inspection requirements.

Even so, there are signs of an uptick in federal enforcement with these issues and some employers are finding themselves on the wrong end of compliance, even for “minor” technical errors.

McAfee & Taft employment lawyer Charlie Plumb sits down with immigration lawyer Kate Dodoo to review the obligations for employers when it comes to immigration issues and verifying that their employees are authorized to work in the United States, what issues federal regulators are looking for, and best practices for employers to ensure compliance.

 This alert is not eligible for continuing education credit (e.g. HRCI, SHRM or CLE).

This information is provided for clients and viewers of McAfee & Taft A Professional Corporation. It does not constitute legal advice, and it is not intended to create a lawyer-client relationship. Viewers should not act upon this information without seeking professional counsel.