President-elect Trump has stated he intends to make immigration reform a top priority during his time in office. It is, therefore, critical that employers and foreign national employees understand and comply with the policies and procedures surrounding employment eligibility and authorization.

In a recent article for Human Resources Executive, Pryor Cashman immigration attorney Dina Weinstein examines recent changes to Form I-9 and explains how employers can prepare for increased scrutiny under the Trump administration.

USCIS Issues a New Form I-9

On November 14, 2016, U.S. Citizenship and Immigration Services issued a revised Form I-9, which all U.S. employers must utilize beginning on January 22, 2017. Form I-9 is used to verify the identity and employment authorization of new employees, and must be completed for every individual hired to work in the U.S.

Among the numerous formatting changes to the Form is the addition of “smart features” and other electronic enhancements aimed at simplifying completion and reducing errors. The substantive requirements of Form I-9– including the timeline for completion, list of acceptable identity and work authorization documents, and signatory requirements – will remain the same.

How Employers Can Prepare For Increased I-9 Enforcement

For employers and human resources personnel, completing the Form I-9 for foreign national employees can pose a variety of challenges. “Questions often present themselves in the form of unfamiliar employment authorization documents and an [array] of employment authorization situations that are not all clearly laid out in the lists of acceptable documents,” Weinstein writes. 

To prepare for the anticipated increase in Form I-9 enforcement and employee verification, employers should:

• Familiarize themselves with the revised Form;
• Offer I-9 training programs which include an overview of typical employment authorization documents as well as less familiar employment authorization situations, such as the rules allowing H-1B workers to change employers or continue working while an H-1B extension is pending; and
• Conduct audits of current I-9 files to help identify common errors that can be addressed going forward.

To read a full explanation of the changes to the Form I-9, please visit here.

More About Weinstein’s Practice

Dina Weinstein represents clients from diverse industries, including pharmaceutical, management consulting, technology, financial services and fashion. She helps executives, scientists, researchers, artists, athletes and other highly-talented professionals obtain temporary work authorization and permanent residence within the United States.

Weinstein is adept at identifying the most expedient ways to navigate the complex immigration system, facilitating the smooth entry of international employees into the U.S.

To learn more about her practice, please visit here