Lawlogix Group, Inc., the leader in I-9 and E-Verify compliance and immigration case management software, today announced a critical new I-9 interpretation on its blog, www.electronici9.com, which was clarified by guest bloggers, Dawn Lurie and Kevin Lashus of the law firm Greenberg Traurig. Ms. Lurie and Mr. Lashus, widely considered to be leading experts on I-9 and E-Verify compliance issues, explain in detail how ICE will respect USCIS’ interpretation--giving employers what could be considered one extra day to complete Section 2 of the Form I-9. This sweeping change in I-9 protocol could have a significant impact on employers who are struggling to revamp their I-9 policies and implement comprehensive verification processes in light of recent enforcement initiatives.

After many years of differing opinions and interpretations, USCIS and ICE appear to agree that employers have three days, subsequent to the day of hire to complete section 2 of the Form I-9 and initiate the E-Verify case (hired Monday-complete by Thursday). “This actually all came about from the recent E-Verify Redesign trainings when the USCIS quietly ‘reminded’ employers that organizations have three days after the date of hire to open an E-Verify case,” explained Ms. Lurie. “USCIS also alluded to this four day or Thursday rule as covering the I-9 as well. This was certainly news to us.” Ms. Lurie and Mr. Lashus investigated further – making several phone calls to USCIS and ICE regarding this apparent shift in policy. Then, USCIS issued a public clarification confirming this “Thursday” rule on their E-Verify public website. On July 7th, the experts obtained critical confirmation from ICE (the agency responsible for enforcing I-9 rules) that they would also respect this 4-day interpretation. Although ICE and USCIS subsequently met to further discuss this issue, the change has yet to be publicized and most employers are still in the dark. “We urge the Department of Homeland Security to increase dialogue with the public sector, provide training, and develop a targeted I-9 education campaign after updating the M-274 employer handbook–with clear consistent direction for the smallest, as well as the largest, of U.S. employers,” said Ms. Lurie and Mr. Lashus.