Tag: I-9 Legislative Updates

As we move into 2026, California employers are facing a wave of new compliance requirements. One of the most significant changes comes from Senate Bill 294 (SB 294), the "Workplace Know Your Rights Act." Signed into law in late 2025, this legislation introduces new notice and communication obligations that every employer in the state regardless of size must follow. "Workplace Know Your Rights Act" Compliance Requirements Starting February 1, 2026, all California employers are required to provide a stand-alone written notice to their employees detailing their workplace and constitutional rights. This isn't a one-time task; it must be distributed annually thereafter. The notice must cover several core areas, including information on workers’ compensation benefits, access to medical care, and disability wage replacement; protections against unfair immigration‑related practices such as retaliation or document abuse; employees’ right to receive advance notice when an immigration agency plans to inspect I‑9 employment eligibility records; constitutional rights during law enforcement interactions in the workplace, including the right to remain silent; labor rights such as the ability to organize a union or engage in protected concerted activity; updates on any new laws the Labor Commissioner considers significant; and contact information for the enforcement agencies responsible for safeguarding these rights. By March 30, 2026, employers must offer all employees the opportunity to designate an emergency contact specifically for cases of arrest or detention. You must ask employees if they want a specific person notified if they are arrested or detained at the worksite or during work hours (if the employer has actual knowledge of the event). Existing employees must be given this choice by March 30, 2026. For new hires after this date, the option must be provided during onboarding. Employers can deliver the notice via personal delivery, email, or text message, provided the employee is reasonably expected to receive it within one business day. The notice must be provided in the language the employer normally uses for employment-related communications and maintain proof of delivery (digital receipts, logs, or signed acknowledgments) for at least three years. The Labor Commissioner has already published model templates in English and Spanish. Penalties Failing to comply can lead to significant financial consequences. Employers may face penalties of up to $500 per employee for each notice‑related violation. Violations involving emergency contact requirements carry even harsher consequences, with fines of up to $500 per employee for every day the violation continues, capped at a maximum of $10,000 per employee. Action Plan for Employers Visit the California Department of Industrial Relations (DIR) website to get the latest template. Integrate the annual notice (February 1, 2026, deadline) and the emergency contact designation (March 30, 2026, deadline) form into your new hire packets immediately. Ensure you have a system in place to prove that every employee received their notice by the February 1st deadline. Ensure HR and supervisors understand the new protocols regarding employee arrests and detention to avoid costly daily penalties. Schedule a meeting to learn steps you can take to meet these new compliance requirements

On January 6, 2026, the Trump administration announced it will release only 35,000 supplemental H-2B visas for the year. This is nearly a 50% cut from the approximately 64,700 additional visas provided annually over the last three years. The Change: Every year, there is a "base cap" of 66,000 H-2B visas. Because this is rarely enough, recent administrations have added a "supplemental" batch of about 64,700 more. President Trump has reduced this extra batch down to 35,000. The Result: There will be roughly 30,000 fewer legal seasonal workers available nationwide compared to last year. Impact on Industries Various industries that often rely on H-2B workers may see changes in operations or ability to provide the same level of service if the reduction in visas translates to staffing shortages. These industries include hotel and hospitality, restaurants and bars, gas stations and convenience stores. Agriculture may also be affected, specifically landscaping and seafood. Field work typically relies on H-2A visas. Impact on Business Owners A smaller worker pool may result in higher wages to compete, driving up service prices. With demand far exceeding the 35,000 cap, many businesses may struggle to fill open positions, limiting their ability to operate at full capacity. Stricter "irreparable harm" standards mean businesses that lose the lottery face permanent financial loss.

Maintaining accurate records is a cornerstone of workforce compliance. To help employers stay up to date, E-Verify recently reintroduced a convenient feature on January 5 that allows users to manage Point of Contact (POC) information directly within their accounts. Why This Update Matters Per the MOU, employers are required to maintain current contact information for all representatives associated with E-Verify. Keeping your POC information updated is the simplest way to meet this requirement, ensuring you receive critical program updates and maintain smooth communication with USCIS. Who can manage POCs: Program and Corporate Administrators can manage all company POC information. General users on employer agent accounts can also manage POC data for their clients. Access vs. Contact: Adding someone as a POC does not automatically grant them account access. To manage cases, they must also be added as a Program Administrator. The MOU Signatory: The original signatory is automatically designated as a POC. While they cannot be removed, their information can be updated. If the signatory leaves the company, ensure at least one active POC is assigned to the account. How to Update Your Info To review your records, log in and navigate to your Company Profile (for Program Admins) or Corporate Profile (for Corporate Admins) via the user menu. Employer agents can find this under the Clients menu. We encourage all users to log in at their earliest convenience to verify that their company’s POCs and users are accurate. Staying proactive today prevents compliance headaches tomorrow. For questions regarding these changes, contact the E-Verify team at e-verify@uscis.dhs.gov

An E-Verify data disposal alert means there are important steps employers should take before January 4, 2026 to stay compliant.

On December 31, 2025, U.S. District Judge Trina Thompson issued a significant nationwide injunction, voiding the Department of Homeland Security’s (DHS) previous decision to terminate Temporary Protected Status (TPS) for approximately 60,000 to 89,000 nationals from Honduras, Nepal, and Nicaragua. For employers, this means immediate changes to how Employment Authorization Documents (EADs) for these employees must be handled during the Form I-9 process. Current Status and Employer Requirements (2026) As of January 1, 2026, the following legal protections are in place:  TPS status and work authorizations for eligible nationals from Honduras, Nepal, and Nicaragua are fully reinstated. Employers are legally required to honor the Employment Authorization Documents (EADs) of affected TPS holders. Even if a card appears expired on its face, it may be subject to an automatic extension by operation of this court order. Federal officials and employers are barred from taking adverse actions, such as termination or detention based solely on the previously announced (and now voided) termination dates for these specific countries. What This Means for Form I-9 Compliance? Employers should review their active Form I-9 files for employees who previously presented TPS-based EADs from these three countries. Do Not Terminate: If an employee's work authorization was set to expire due to the now-voided DHS termination, they remain authorized to work. Monitor for USCIS Guidance: We expect USCIS to publish a formal Federal Register notice shortly providing specific instructions on "Additional Information" notations for Section 2 of the Form I-9. Note that the government may appeal this decision to the Ninth Circuit. However, the injunction remains in effect nationwide until further notice. Note: For specific EAD auto-extension dates and official documentation to keep with your I-9 records, please refer to the USCIS Temporary Protected Status page.

Haiti’s TPS designation and related benefits will terminate on Feb. 3, 2026, at 11:59 p.m. Completing Form I-9 Form I-766, Employment Authorization Documents (EADs) with a category A12 or C19 and an original “Card Expires” date of Feb. 3, 2026; Sept. 2, 2025; Aug. 3, 2025; Aug. 3, 2024; June 30, 2024; Feb. 3, 2023; Dec. 31, 2022; Oct. 4, 2021; Jan. 4, 2021; Jan. 2, 2020; July 22, 2019; Jan. 22, 2018; or July 22, 2017, will expire Feb. 3, 2026. Employers must reverify TPS Haiti beneficiaries who presented these EADs before they start work on Feb. 4, 2026. Recommended Employer Actions Reverify Form I-9: Employers must reverify employment authorization for Haiti TPS holders before the termination date. Use Supplement B and request updated documentation from affected employees. Monitor E-Verify Alerts: Stay alert for notifications regarding expiring or revoked Employment Authorization Documents (EADs). Avoid Discrimination: Ensure compliance with anti-discrimination provisions when requesting documentation. Employers should prepare for potential workforce impacts and communicate clearly with affected employees. For further guidance, consult DHS and USCIS resources or legal counsel.

DHS has terminated TPS designation for South Sudan. Here are next steps employers should take for compliance.

DHS ends 540-day work authorization extension for many EAD holders starting Oct. 30, 2025. See who’s affected.

DHS issued an interim final rule ending automatic extension of EADs for certain applicants who file Form I-765 on or after October 30, 2025.

E-Verify has resumed after a pause during the government shutdown. Learn what steps employers should take now to maintain compliance.

FNU/LNU naming issues are affecting immigrants when it comes to employment eligibility, travel and legal compliance.

Learn how the reopening of the DACA program affects I-9 requirements, work authorization, and employer compliance responsibilities.

DHS proposes wage-based H1-B lottery reform, prioritizing higher-paid applicants. Learn how this may affect employers and applicants.

New H-1B visa reform imposes a $100K petition fee for 2026 lottery. Learn how it affects employers and applicants.

DHS announced the termination of Syria’s Temporary Protected Status (TPS). Learn key dates, employment implications, and guidance.

The “One Big Beautiful Act” (OBBA) introduces sweeping changes to immigration enforcement, significantly impacting I-9 compliance and employer responsibilities.

The E-Verify Status Change Report has been updated to include a new field: “Revoked Document Number," reducing ambiguity.

The Supreme Court has approved Venezuela TPS status termination. Venezuelans living in the U.S. may lose work authorization, potentially affecting employer compliance.