E-Verify undergoes an early 'spring cleaning' each year when USCIS disposes of E-Verify records more than 10 years old. E-Verify users who have been using the online employment verification system for 10 years or more should take action as soon as possible. USCIS has announced that employers have until February 28, 2018 to download a Historic Records Report in E-Verify which contains information such as company name and location, initiated date and verification case number, employee name and date of initial resolution, date of additional resolution and final status, and case ...
On October 1, 2017, United States Citizenship and Immigration Services ("USCIS") began phasing-in interviews for all employment-based green card applicants. Interviews have always been mandatory, but historically USCIS has waived the interview requirement for employment-based petitions when the beneficiary applies for a green card while already lawfully admitted in the United States.
The interview mandate is directly related to President Trump's "Protecting the Nation from Foreign Terrorist Entry Into the United States" Executive Order and applies to all ...
The H-2B visa program allows businesses in the United States to sponsor foreign nationals for a temporary visa to work in nonagricultural jobs. The H-2B program is popular among employers in the hospitality, tourism, and landscaping industries to fill positions that would otherwise remain vacant due to U.S. labor shortages during times when employers are particularly busy. There is a Congressionally mandated limit of 66,000 H-2B visas available each year. Historically, a legal provision known as the "Returning Worker Exemption" allowed foreign nationals counted towards the ...
On September 5, 2017, the Department of Homeland Security ("DHS") issued a memorandum rescinding an Obama-era program known as Deferred Action for Childhood Arrivals ("DACA"). DACA permits certain undocumented aliens that came to the United States before their sixteenth birthday to remain in the United States and apply for renewable two (2) year periods of work authorization. DACA does not provide beneficiaries with lawful immigration status, but many view the program as the first step on the path to citizenship for "Dreamers." DHS will "wind down" DACA over the next six (6 ...
In early August, President Trump voiced support for a bill introduced earlier this year by Senators Tom Cotton (R-AR) and David Perdue (R-GA) to effectively overhaul the current immigration system. The Reforming American Immigration for Strong Employment (RAISE) Act has similarities to other points-based immigration systems, such as those in Canada, Australia, or the newly implemented system in China. The RAISE Act is "merit-based," focusing heavily on advanced-level, skills-based employment and education (with financial investments also a consideration), and a ...
Most employers have now implemented the use of the highly publicized, newly revised Form I-9 which United States Citizenship and Immigration Services (USCIS) mandated as the only acceptable Form I-9 version (rev 11/14/16) effective January 22, 2017. Another change is around the corner, however, and USCIS released another Form I-9 version on July 17, 2017. The newest version of Form I-9 must be used beginning September 18, 2017.
Initially, some thought the changes to the most recent version would pertain to a new Department of Homeland Security rule proposed by the Obama ...
Corporate mergers and acquisitions are typically complex and expensive transactions. While financial matters typically comprise the core of an acquiring company's due diligence efforts during a merger or acquisition, immigration compliance should also receive increased attention before a transaction closes, particularly in light of recent enforcement efforts in the area of immigration compliance. Generally speaking, the entity surviving after a merger or acquisition remains liable for I-9 violations caused by the acquired entity. Having solid knowledge of and ...
he United States Supreme Court recently stayed portions of two (2) U.S. Circuit Court opinions and allowed parts of President Trump's travel ban to go into effect. Foreign nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen may be affected by the Supreme Court's order.
The Supreme Court's order relates to the second of two (2) Executive Orders ("EO"), both of which banned nonimmigrants from several predominately Muslim countries from entering the United States for ninety (90) days. The first EO was blocked by federal courts, and the President decided to rewrite the ...
The Trump administration has not been reserved in its mission to not only reinforce but to heighten and enhance current immigration regulations. The President has quickly tried to implement measures to increase national security and border protection and has tasked federal agencies with a series of mandates to review current practices and recommend changes. The U.S. Department of State, for example, has recently implemented tougher vetting of U.S. visa applicants, including a new "Supplemental Questions for Visa Applicants" questionnaire that asks applicants about their ...
For many, the summer is a time for relaxation. For HR professionals, it can be a time of flux. In an academic setting, for example, students and teachers who worked on campus during the fall and spring semesters may be leaving for the summer break. Alternatively, student workers and temporary faculty may come in to fill summer-only positions. Also, students taking a break from classes may be getting summer internships or off-campus jobs to earn extra money. As employers gear up for the summer, it is important to distinguish between a rehire and continuing employment for purposes of I-9 ...