Skip to main content

The “New” Form I-9 and the Problems Created by USCIS in Not Fixing It!


Today is the first day that the “new” Form I-9 must be used by all U.S. employers. The problem? The new Form I-9 is virtually the same as the “old” Form I-9, but the new Form I-9 disallows an entire segment of the authorized legal work population from using documents they previously used to verify their employment eligiblity from now doing so. The USCIS displayed a callous indifference to the ability of thousands of people, legally authorized to work in the United States, to obtain and retain employment.

The Form I-9 was revised as the result of a 1998 change in statute pertaining to employment verification (Yes 10 years ago!). The new Form I-9 fails to account for many situations where people are actually authorized for employment: Omitted is the interim work authorization given by regulation to individuals who are waiting for USCIS to complete its slow process of renewing a work-authorized status. People given haven in the U.S. under Temporary Protected Status (TPS) have no way under the form to document to an employer the automatic extension of work authorization that USCIS declares when TPS designation is extended. The list goes on, and is far too long.

These situations are not technicalities. They represent real people with legal, work-authorized status in the U.S. The real shame is that the USCIS has spent a decade trying to develop this form, and still managed to ignore these key issues. While the prior Form also did not account for these situations, guidance and interim measures were developed to cover them. Those measures all appear to go out the same door through which the new form enters. Many thousands of people with the right to work in the U.S. will not be able to document that right, and employers are left with no indication of how to handle these employees.

DHS and USCIS delayed implementation of this form once for 60 days in order to allow for more public comments, but have elected to go forward with the form unchanged notwithstanding significant criticism of the form and its legal inadequacies. The USCIS needs to further defer implementation of this “new” Form I-9 until it can issue a truly useable form with proper instructions. The fact that a one page form, used by all U.S. employers, requires a 65 page “handbook” to fill it out correctly, is yet one more indication of broken immigration system.

Comments

Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America. The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds. Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups: Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans

Seven Reasons Why the Georgia Legislature Should Repeal HB-87

Recently the Alabama Attorney General called on the Alabama State Legislature to repeal parts of Alabama's horrid anti-immigration law ( HB 56), because of the "unintended" consequences of the bill (frankly, what happened was not unintended). Because of the similarity between the two laws, Georgia's Speaker of the House, David Ralston was asked whether Georgia Legislature would repeal part or all of HB 87, Georgia own anti-immigration law. HB 87 has caused almost a half a billion dollars in damage to the Georgia economy (along with untold suffering in Georgia's immigrant communities) without any noted or reported positive effect. Speaker Ralston plainly stated that the Georgia Legislature would NOT do anything to repeal HB 87 . While it understandable why a politician would not admit that a pet bill he shepherded and pushed through the state legislature was simply bad law, it is also clear that Speaker Ralston is facing a challenge on his RIGHT in th

U.S. Recognizes Five-year Extensions of Venezuelan Passport

Venezuelans received welcome news this last month when the National Assembly published a decree signed by Interim President Juan Guaido on May 21, to extend the validity of Venezuelan passports for an additional five years past their printed date of expiration. The U.S. Department of State issued a  statement ,recognizing this extension for visa issuance and consular process. They also stated that Customs and Border Patrol would recognize this decree. Obtaining a valid Venezuelan passport has been a difficult, if not impossible, task that has been a source of much concern for those seeking visas to the U.S. or have pending applications for immigration benefits. This decree will allow those currently holding a Venezuelan passport that has expired to automatically add 5 years of validity from the expiration date. While this statement can provide much needed assurance, we recommend that Venezuelans who are currently applying for an immigration benefit, including travel to the U.S. w