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I-9 E-Verify Immigration Compliance

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  1. H-1B Site Visits Will Be Increasing

    By: Bruce R. Buchanan, Sebelist Buchanan Law PLLC

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    Due to a report by the Office of Inspector General (OIG) of the Department of Homeland Security (DHS), the USCIS plans to substantially increase their H-1B site visits. On October 27, 2017, the OIG issued a report - “USCIS Needs a Better Approach to Verify H-1B Visa Participants” where it made four recommendations, all which USCIS said it would strive to achieve.

    The OIG report made these findings:
    1. USCIS does not track their site visits as to the type of visa category the visit pertains;
    2. USCIS does not assess the information it collects from site visits;
    3. USCIS is to conduct site visits, that will target – a) employers where basic business information cannot be verified; b) employers who are H-1B dependent; and c) employers who place beneficiaries offsite;
    4. USCIS should deny new petitions for an employer, which has recurring violators;
    5. USCIS should revoke petitions, where site visits are unverified; and
    6. Immigration Officers are not all trained and site visits are not conducted on a uniform basis.
    OIG’s four recommendations are:
    1. USCIS should develop a process to collect and analyze all data collected from an H-1B site visit, including tracking the information and the program costs. USCIS also needs to analyze adjudicative actions for unverified site visits, and use the data collected to develop performance measures to assess the effectiveness of the site visit program;
    2. USCIS should identify data and assessments through the site visits and share it with external stakeholders;
    3. USCIS needs to identify where resources need to go for the site visit program, including adjusting the number of required site visits and time and effort spent; updating policies, procedures, and training so that site visits are conducted efficiently and uniformly; streamlining the employers visited and applying a risk-based approach; providing Immigration Officers a career path so that they do not leave; and
    4. USCIS should develop comprehensive policies to ensure that adjudicative action is prioritized on fraudulent or noncompliant petitions.
    Employers should be ready for more H-1B site visits. To be ready, an employer should:
    1. Have a system in place if USCIS shows up for site visit, which includes calling their attorney;
    2. Designate a contact or contacts to handle USCIS site visits;
    3. Ask for and record the credentials and contact information of the USCIS official;
    4. Keep copies of the public access files in a location where they can be accessed quickly;
    5. If unsure of an answer to a question posed by the USCIS official, ask for additional time and offer to follow-up; and
    6. At the end of the site visit, write down a detailed report, including questions USCIS asked.
    For more information on other immigration compliance topics I invite you to read my new book, The I-9 and E-Verify Handbook, which is available at http://www.amazon.com/dp/0997083379.
  2. E-Verify Participation Poster Redesigned

    By: Bruce Buchanan, Sebelist Buchanan Law
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    The USCIS has recently released a redesigned E-Verify participation poster. The new poster informs current and prospective employees of their legal rights, responsibilities, and protections in the employment eligibility verification process.

    The poster is now available in English and Spanish as one poster. Employers must replace their participation posters when updates are provided by the U.S. Department of Homeland Security. Thus, employers should check to see if the most current poster is available. The new posters can be downloaded when participants log into E-Verify. Employers may also display any of 16 foreign language versions of the poster.

    E-Verify employers continue to be required to display the Immigrant and Employee Rights (IER) Right to Work posters in English and Spanish.

    For the answers to many other questions related to employer immigration compliance, I invite you to read my new book, The I-9 and E-Verify Handbook, available at http://www.amazon.com/dp/0997083379.
  3. Trump’s Extreme Vetting – L-1B Site Visits

    By: Bruce Buchanan, Sebelist Buchanan Law

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    As many immigration attorneys had anticipated, L-1B site visits by the USCIS and its Fraud Detection and National Security (FDNS) officers have recently begun. This appears to be another example of the Trump administration’s extreme vetting. These site visits have occurred while companies have pending L-1B visa extensions with the USCIS.

    An L-1B visa is a transfer of an employee with specialized knowledge from a foreign office of the company or its affiliate or subsidiary to a United States facility. It is dissimilar to the H-1B visa in that it is not subject to a cap nor any salary restrictions. But, it can only be utilized by multinational corporations. It is like an H-1B visa in that it is a vehicle for a company to employ a skilled foreign worker on a non-immigrant or temporary visa. An L-1B visa holder is eligible to be employed for up to five years.

    Historically, site visits have taken place on H-1B visas, especially where the H-1B visa holder was employed off-site. As a result of Trump’s April 2017 Executive Order “Buy American and Hire American”, the administration has stated it will use a “more targeted approach” to H-1B visits – meaning more site visits where there is possible fraud or abuse in the visa application.

    Some of the pending legislation in Congress to reform or change the H-1B visa also includes changes to the L-1B visa. Senator Chuck Grassley (R – Iowa) has made the L-1B visa a target for immigration reform. Thus, this seems in keeping with the administration and their friends in Congress grouping H-1B visas with L-1B visas.

    At this point, it is difficult to determine how widespread the L-1B site visits are; however, the fact that there are L-1B site visits while a petition is pending is a change from prior administrations. I would anticipate these L-1B site visits to increase as this appears to be part of the Trump administration’s extreme vetting. I will keep you updated as more information becomes available.
    Tags: fraud, h-1b, l-1b, trump, uscis Add / Edit Tags
  4. New I-9 Form Must Be Used as of September 18

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC

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    As I previously discussed in my July 19, 2017 blog, the USCIS released a new revised I-9 form on July 17, 2017. It becomes mandatory to use for new hires as of September 18, 2017. In the interim period, July 17 to September 17, use of the new I-9 form was optional. The newest I-9 form has a revision date of 07/17/17 N.

    There are no changes on the I-9 form or the Supplemental page. The minor changes are the addition of Consular Report of Birth Abroad (Form FS-240) to List C Acceptable Documents and minor wording changes in the instructions.

    USCIS has stated it will include these changes in a revised Handbook for Employers: Guidance for Completing Form I-9 (M-274). However, to date, the USCIS has not do so. I will keep you advised.

    In order to keep you compliant and answer your questions on completing the I-9 form, using E-Verify, and state immigration laws, I have co-authored a book with Greg Siskind, The I-9 and E-Verify Handbook, available from Amazon at: http://www.amazon.com/dp/0997083379
  5. Arizona and Maryland Become 9th and 10th States to Join E-Verify RIDE

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC

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    Arizona and Maryland have become the ninth and tenth states to join the Records and Information from DMVs for E-Verify (RIDE) Program. RIDE is an E-Verify initiative, in conjunction with the American Association of Motor Vehicle Administrators, linking the E-Verify system with participating state driver’s licensing agencies. The prior states joining RIDE were Florida, Idaho, Iowa, Mississippi, Nebraska, North Dakota, Wisconsin, and Wyoming.

    RIDE allows E-Verify to validate the authenticity of driver’s licenses and state identification cards presented by employees as I-9 form identity documents. The RIDE program attempts to mitigate the risk of fraud by comparing the data from the card with data supplied by states’ motor vehicle agencies. If E-Verify is not able to match the license or ID card to data within the DMV, the employer will receive a Tentative Non-confirmation (TNC) indicating the issue and must give the employee a Further Action Notice and opportunity to meet I-9 demands. In this manner, RIDE is designed to boost the accuracy of employment eligibility verification in E-Verify
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