I-9 Information You Can Use
Give me your tired, your poor,
Your huddled masses yearning to breathe free.
The wretched refuse of your teeming shore.
Send these, the homeless, the tempest- tost to me
I lift my lamp beside the golden door!
Not Responsible for Accuracy of Translation which is provided by a third party as a free service
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A History of Antidiscrimination Outreach Under the IRCA
Lawsuit says DHS deported a native born U.S. citizen who was disabled. Click here. Illustrates why it is important that any immigration reform bill be practical.
Where to email your Congressional Representatives to let them know your views or seek their help in determining what's going on.
Employer Sanctions Law and Department of Homeland Security Implementing Regulations
Nondiscrimination law applicable to employer sanctions and implementing Department of Justice Regulations.
Will a national ID card make things easier? Read "Papers, Papers . . . Please: A National ID or an Electronic Tattoo?"
An Overview of the antidiscrimination provision applicable to employer sanctions "IRCA's ANTIDISCRIMINATION PROVISION - How It Works and Can It Be Used to Combat Anti-Immigrant Fears?
Would the 2007 Immigration Bill, the "Grand Bargain", Have Solved Our Immigration Problems?
The most filled out Federal form other than the IRS 1040 Tax Form.
We can help you do it correctly.
Contact Andy Strojny at firstname.lastname@example.org
and learn how
Things you need to know.
Do you know it is against the law to prefer U.S. Citizens for most jobs over permanent residents and other legal U.S. workers?
Do you know that there is a way for legal U.S. workers to challenge an employer who they believe prefers to hire unauthorized workers or H-1B visa holders for jobs to the exclusion of U.S. Citizens, Permanent Residents, and other legal U.S. workers?
Do you know that the current I-9 Form is in violation of the Paperwork Reduction Act and what that means?
Do you know how the E-Verify system can suggest employees are not work authorized when they are and what can be done about it?
In a one day training course, I can provide you with answers to these questions and help ensure that the laws against
hiring unauthorized workers are fairly and effectively enforced.
Keep reading for a preview of what is covered.
good until August 31, 2012.
Click here for a copy of the current I-9 form
Click here for a copy in Spanish Note: Only usable in Puerto Rico
Note: . The 02/02/09 edition of the I-9 Form can still be used.
You can get the latest version of the Handbook for Employers revised July 31, 2009
by clicking here.
Findings of the Web Basic Pilot Evaluation have been released.
Click here for a copy
Click here to see the OSC Guidance for what should be done when an employer receives a "no-match" letter.
District Court temporarily stops enforcement of the no-match rule set forth below.
According to a story on yahoo news:
A federal judge has blocked a proposed rule requiring employers to fire workers whose names don't match their Social Security numbers, dealing a major blow to the Bush administration's crackdown on illegal immigration.
Under the rule, businesses with employees whose names and Social Security numbers didn't match would have three months to correct the mistakes or fire the employees. If not, they could face government prosecution.
Businesses had argued that enforcing the rule would be expensive and expose them to legal action either from the government, if they didn't comply, or from any employees fired unfairly because of a mistake not corrected in time.
U.S. District Judge Charles Breyer's temporary injunction, issued Wednesday, stopped the Department of Homeland Security proposal from going into effect, at least temporarily.
Breyer said the proposal would likely impose hardships on businesses and their workers. Employers would incur new costs to comply with the regulation that the government hasn't evaluated, and innocent workers unable to correct mistakes in their records in time would lose their jobs, the judge wrote.
* * *
subject of Judge Breyer's order. It was
published August 15, 2007. The regulation
The amended regulation describes the legal obligations of an employer,
under current immigration law, when the employer receives a no-match letter
from the Social Security Administration or receives a letter regarding
employment verification forms from the Department of Homeland Security.
It also describes ``safe-harbor'' procedures that the employer can follow in response to
such a letter and thereby be certain that the Department of Homeland
Security will not use the letter as any part of an allegation that the
employer had constructive knowledge that the employee referred to in
the letter was an alien not authorized to work in the United States.
On October 7, 2009, U.S. Immigration and Customs Enforcement issued a final rule stating:
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. Implementation
of the 2007 final rule was preliminarily enjoined by the United States District Court for the
Northern District of California on October 10, 2007. 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.
Existing Law Provides a Remedy for U.S. Citizens Who Believe an Employer
Preferred to Hire a Non U.S. Citizen Rather than a U.S. Citizen
The Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) Agrees.
On May 1, 2008, OSC assessed a $45,000 civil penalty against iGate Mastech to settle a discrimination allegations that it favored "H-1B visa holders to the exclusion of U.S. citizens, lawful permanent residents, and other legal U.S. workers." OSC maintained that preferring H-1B visa holders over legal U.S. workers constituted citizenship status discrimination and is prohibited by the Immigration and Nationality Act.
If you would like a USCIS "Handbook for Employers
Instructions for Completing Form I-9 (Employment Eligibility Verification Form)"
(M-274 - Rev. 07/31/09)
and we will E-mail you
You may also obtain a
The I-9 Handbook for Employers contains I-9 forms. However, if you would like to download I-9 (also called I9) Forms alone (without the Handbook for Employers), go to the I-9 download page at the U.S. Citizenship and Immigration Services Website and follow the instructions posted there.
Are you doing right? Take the I-9 Quiz, and find out.
Well how did you do?
Perhaps you'd like some training?
Of Special Interest
Q - Does an employer have to reverify the employment eligibility of a worker whose permanent resident card has expired?
"On August 1, 1989, INS began issuing a revised Resident Alien Card, Form I-551, to new permanent resident aliens. . . . The I-551 is a List A document . . . because it establishes both identity and employment eligibility. The card will also contain an expiration date, making the card valid for 10-years from the date of issuance; the applicant will then be required to obtain a new card. However, because employment authorization is unlimited for I-551 holders, there will be no need to update the I-9." (click for a copy of the Notice)
Q - If an employer believes a new hire is an alien, can s/he ask the person to produce a Green Card when filling out the I-9 Form?
Q - When filling out the I-9 Form, can an employer accept a social security card from an alien as proof of work authorization?
Q - What are the legally acceptable documents that a new hire can show for I-9 purposes to establish identify and authorization to work in the United States?
Q - Can an employer accept an expired driver's license to establish a new hire's identity for I-9 purposes? No
Q - Can an employer accept an expired United States passport to establish a new hire's identity and authorization to work? No
Q - Why must United States citizens fill out I-9 forms?
Q - When filling out the I-9 Form, can an employer accept documents that establish identity (a list B document) and work authorization (a list C document) for an employee with one document in her maiden i.e, single, married or divorced name, and one document in a different name, e.g. her married, single or divorced name? (Now with input from the Office of Special Counsel for Immigration Related Unfair Employment Practices.)
Q - Can an employer advertise for jobs stating "US citizens only", "US passport required" or some other requirement that indicates the job is only open to U.S. citizens?
you have other questions you would like answers
to, E-mail us at ANDY.STROJNY@YAHOO.COM.
If an employer is charged with violating the Immigration and Nationality Act's (INA) nondiscrimination or employer sanctions provisions, the employer has a right to an administrative hearing. The case decisions issued by the administrative hearing examiner after an administrative hearing are a matter of public record.
can discover if any administrative hearing case
decision has dealt with
situations you are interested in by going to the
discover how to find case decisions dealing with
specific subject areas,
- now with links to referenced Administrative Hearing Decisions -
(NOW WITH LINKS TO THE REFERENCED ADMINISTRATIVE HEARING DECISIONS)Copyright (c) 1999 by the American Immigration Lawyers Association
Reprinted with Permission of:
1998-99 Immigration & Nationality Law Handbook
Volume II Advanced Practice
that making all citizens
immigrants carry papers
. . . Please: A National ID or an