Employment Verification Compliance (including I-9s, E-Verify, and Enforcement)

Congress in 2015 tried to tackle new EB-5 reform legislation, but instead chose to extend the program without any changes until September 30, 2016. This was a result of an impasse on issues relating to increase in the capital threshold amount and the change in the metrics used to determine what is a (“TEA”) targeted

Today the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) confirmed that employers should continue using the current edition of the Form I-9, Employment Eligibility Verification until further notice, despite the date of expiration noted on the form of March 31, 2016.  Per USCIS, this current version of the form continues to

The U.S. Citizenship and Immigration Services (USCIS) published a notice of proposed changes to the Form I-9 in the Federal Register on November 24, 2015. The notice’s 60 day public comment period ended on January 25, 2016.  To date, there has been no final notice published.

The purpose behind the proposed changes is USCIS’ attempt

On January 15, 2016, the Department of Homeland Security (DHS) amended its regulations to improve the programs serving the H-1B1, E-3 and CW-1 nonimmigrant classifications and the EB-1 immigrant classification, and remove unnecessary hurdles that place such workers at a disadvantage when compared to similarly situated workers in other visa classifications.

This final rule,

The Justice Department’s Office of Special Counsel for Immigration-Related Unfair Employment Practices issued a new technical assistance letter, posted to their website Jan. 13, which updates a letter issued last October regarding internal audits of I-9 employment eligibility verification forms.

The updated letter maintains the OSC’s advice that any internal audit should be conducted

USCIS published a notice in the Federal Register on Nov. 24, 2015, to inform the public of proposed changes to Form I­-9, Employment Eligibility Verification. The public may provide comments on the proposed changes for 60 days, until Jan. 25, 2015.

Many of the proposed changes to Form I­-9 are intended to help reduce

In a recent OCAHO decision, the Administrative Law Judge found that the even 90% I-9 violation rate is not sufficient to show bad faith and reduced the fine from $30,574.50 to $14,600.

In the case U.S. vs. Horno MSJ, Ltd., Company, the company is found to be liable for thirty-two violations of 8 U.S.C.

On Oct. 28, 2015 U.S. Citizenship and Immigration Services (USCIS) announced new Enhancements to E-Verify designed to make use of the system easier:

E-Verify launched three new enhancements to improve effectiveness, efficiency and customer satisfaction.

  • Temporary Protected Status (TPS) Auto Extension upgrade makes it easier for E-Verify to confirm that employment authorization has been automatically

On Wednesday, November 18, 2015, from 12:00 pm to 1:00 pm, I’ll be presenting a webinar on that most complicated of two-page government forms, the Form I-9.

The U.S. Citizenship and Immigration Services (USCIS) changed the Form I-9 in 2013, doubling the Form in length and expanding the instructions (totaling nine pages). Join us

With the end of STEM OPT looming, the US Department of Homeland Security (DHS) published a much-awaited Proposed Rule on October 19, 2015, regarding STEM OPT and Cap-Gap Relief.  (See https://www.federalregister.gov/articles/2015/10/19/2015-26395/improving-and-expanding-training-opportunities-for-f-1-nonimmigrant-students-with-stem-degrees-and.)

Highlights of the Proposed Rule, captioned “Improving and Expanding Training Opportunities for F-1 Nonimmigrant Students with STEM Degrees and Cap-Gap Relief for All