Here at the Law Office of Vincent Miletti, Esq. and the home of the #UnusuallyMotivated movement, we take pride as a resilient and dependable legal services firm, providing such services in both a traditional and online, web-based environment. With mastered specialization in areas such as Employment and Labor Law, Intellectual Property (IP) (trademark, copyright, patent), Entertainment Law, and e-Commerce (Supply Chain, Distribution, Fulfillment, Standard Legal & Regulatory), we provide a range of legal services including, but not limited to traditional legal representation (litigation, mediation, arbitration, opinion letters and advisory), non-litigated business legal representation and legal counsel, and unique, online legal services such as smart forms, mobile training, legal marketing and development.

Still, here at Miletti Law®, we feel obligated to enlighten, educate, and create awareness, free of charge, about how these issues and many others affect our unusually motivated® readers and/or their businesses. Accordingly, to achieve this goal, we have committed ourselves to creating authoritative, trustworthy, & distinctive content. Usually, this content is featured as videos posted on our YouTube Channel https://www.youtube.com/channel/UCtvUryqkkMAJLwrLu2BBt6w and blogs that are published on our website WWW.MILETTILAW.COM. With that, the ball is in your court and you have an effortless obligation to subscribe to the channel and sign up for the Newsletter on the website, which encompasses the best way to ensure that you stay in the loop and feel the positive impact of the knowledge bombs that we drop here!

As the authoritative force in Employment Law, it only seemed right to introduce one of the many upcoming series in which we introduce a variety of topics that looks to educate and deliver in a manner that only Miletti Law® can. To that end, this blog is Part IV of our series on “Recordkeeping Requirements for Business Immigration Documents.”

In Part III, we hammered on the electronic retention requirements for Form I-9 and mentioned that as per the United States Citizenship and Immigration Services (USCIS), film stock that is capable of preserving and allowing the access and use of the images throughout the whole period of retention may be chosen. We also asserted that for the purposes of accessing any particular records promptly and effectively, a detailed index of all data should be included.

Additionally, we added that when being reproduced on paper or displayed on a microfiche or microfilm reader, the microfiche or microfilm must exhibit a high level of readability and legibility. Notably, the employer must provide, upon receiving an inspection notification, the microfiche or microfilm and a reader-printer that (1) have the capability of displaying and printing a complete information page, (2) are in good working condition, are adequately maintained, and clean, and (3) provide safety features.

To move this discussion forward, we have hammered on the re-verification requirements for Form I-9 in our blog titled “Re-verification Requirements for Form I-9” and Part IV of this series.

Re-verification Requirements for Form I-9

Pursuant to 8 C.F.R. § 274a.2(b)(1)(vii), the re-verification of an employee’s employment authorization must be done upon the expiration of the employment authorization document of an employee and no later than the date of such expiration. In connection to this requirement, an employee is required to show current employment authorization through a specific document; otherwise, their employment should be terminated.

In order for employees to possess valid documents of employment authorization before their expiration, they are supposed to ensure sufficient filing of the necessary petitions or applications should their employment authorization or immigration status expire. As a best practice that would serve to remind employees of upcoming dates of expiration and to ensure timely re-verification, employers should be encouraged to use a calendar/tickler reminder system. In order to avoid gaps in eligibility for employment, employers should remind their employees two or four months before the date when their employment authorization or immigration status is expected to expire.

In Part V of this new series and our blog titled “Document Abuse & Storage Requirements for Form I-9,” we will move the discussion forward by hammering on the requirements for document abuse and storage for Form I-9.

In the meantime, stay tuned for more legal guidance, training, and education. In the interim, if there are any questions or comments, please let us know at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.