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 I-9 Requirements Temporarily Suspended for Hurricane Victims
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Posted on 09-20-05 2:51 PM     Reply [Subscribe]
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For those who might have been affected:

http://murthy.com/news/n_reqtem.html

Posted Sep 16, 2005
The U.S. Department of Homeland Security (DHS) announced on September 6, 2005 that it will not penalize employers who hire victims of Hurricane Katrina unable to provide documentation of their ability to work in the United States. Generally, any person who is hired must provide proof of eligibility to work by completing the Form I-9 with each employer within three days of being hired. An employer that fails to request and update this information usually is subject to sanctions if the employee's ability to work is limited. For example, if a person is on H1B status, then the I-9 verification needs to be updated after the person received an H1B extension.
?MurthyDotCom
The DHS recognizes that many in the Gulf Coast region have lost proof of their employment eligibility as a result of Hurricane Katrina. Further, the government agencies that could normally provide replacement documentation are unable to do so at this time. In recognition of these limitations, therefore, the DHS has indicated that, for the next 45 days, it will refrain from initiating employer sanction enforcement actions for failure to comply with I-9 verification. At the end of 45 days, the DHS will reevaluate this policy and determine the need for further action.
?MurthyDotCom
Since the duration of this relief is limited, employers should be sure to calendar the 45-day timeline to avoid running afoul of the law. They should monitor this matter to determine whether there is an extension to the 45-day time period. It is noted that this reprieve is for employers ONLY. It does not authorize employment for individuals who otherwise would not be authorized to work. For individuals, the consequences of working without authorization are unchanged. It is simply that employers temporarily are excused from having to collect proof of work authorization, due to the obvious practical difficulties following Hurricane Katrina. This is a kind and humane gesture from the DHS, considering the harsh realities of the devastation in the gulf coast region.
 


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