On March 16, 2026, the U.S. Immigration and Customs Enforcement (“ICE”) issued guidance on how Form I-9 violations are classified. Specifically, errors that previously would be considered correctible technical violations are now reclassified as substantive violations subject to monetary penalties. The newly issued guidance reclassifies the following common errors as substantive: Missing date of birth. … Read more
As a reminder, effective April 18, 2026, New York State will prohibit employers from obtaining or using consumer credit history for employment decisions (with limited exceptions explained below). Specifically, Governor Hochul signed an amendment to the New York State Fair Credit Reporting Act that makes it unlawful for an employer, labor organization, employment agency, or … Read more
New York State Governor Kathy Hochul has signed a law that amends the New York Fair Credit Reporting Act to prohibit employers from obtaining or using credit history for employment decisions. The law becomes effective April 18, 2026. Specifically, the amendment makes it unlawful for an employer, labor organization, employment agency, or its agent to: … Read more
Since October 1, 2025, the federal government has been shut down due to a lapse in funding causing many governmental programs including the U.S. Department of Homeland Security’s (“DHS”) E-Verify system to cease operations. E-Verify, which allows employers to verify employment eligibility in the United States, has now resumed operations. Employers can create an E-Verify … Read more
On September 19, 2025, President Trump issued a Proclamation entitled, “Restriction on Entry of Certain Nonimmigrant Workers,” which places limitations on the entry of H-1B specialty occupation workers into the United States. The Proclamation took effect on Sunday, September 21, 2025. Specifically, the Proclamation provides that H-1B specialty occupation workers will not be allowed into … Read more
On April 2, 2025, the U.S. Citizenship and Immigration Services (“USCIS”) issued a new version of the Form I-9, Employment Eligibility Verification, with some minor changes to align with statutory language and updated the DHS Privacy Notice. The revised Form I-9 with an edition date of January 20, 2025 and an expiration date of May … Read more