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I-9 E-Verify Immigration Compliance

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  1. 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
  2. Another I-9 Form Released by USCIS

    By: Bruce Buchanan, Sebelist Buchanan Law

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    USCIS released a revised I-9 form on July 17, 2017. Employers will be able to use this revised version or continue using Form I-9 with a revision date of 11/14/16 N through September 17, 2017. On September 18, employers must use the revised form with a revision date of 07/17/17 N. As shown below, the changes to the I-9 form are not even on the form but rather in the Lists of Acceptable Documents and instructions. With these changes being so minor, one must question the necessity of issuing a new I-9 form.

    Revisions related to the Lists of Acceptable Documents on Form I-9:


    • Adding the Consular Report of Birth Abroad (Form FS-240) to List C. Employers completing Form I-9 on a computer will be able to select Form FS-240 from the drop-down menus available in List C of Section 2 and Section 3. E-Verify users will also be able to select Form FS-240 when creating a case for an employee who has presented this document for Form I-9; and
    • Combining all the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350 and Form FS-240) into selection 2 in List C.


    Revisions to the Form I-9 instructions will include:


    • Changing the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Employee Rights Section; and
    • Removing “the end of” from the phrase “the first day of employment.”


    USCIS will include these changes in a revised Handbook for Employers: Guidance for Completing Form I-9 (M-274). It is unclear when this will occur. I will keep you advised.
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  3. USCIS Will Issue Redesigned Green Cards and EADs

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC
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    USCIS announced a redesign to the Permanent Resident card (also known as a Green Card) and the Employment Authorization Document (EAD) as part of the Next Generation Secure Identification Document Project. USCIS will begin issuing the new cards on May 1, 2017.

    The redesigns use enhanced graphics and fraud-resistant security features to create cards that are more tamper-resistant than the ones currently in use. The new Permanent Resident cards and EADs will:
    1. Display the individual’s photos on both sides;

    2. Show a unique graphic image and color palette:
    a. Green Cards will have an image of the Statue of Liberty and a predominately green palette;
    b. EAD cards will have an image of a bald eagle and a predominately red palette;
    3. Have embedded holographic images;

    4. No longer display the individual’s signature; and

    5. Also, Permanent Resident cards will no longer have an optical stripe on the back.

    Some Permanent Resident cards and EADs issued after May 1, 2017, may still display the existing design format as USCIS will continue using existing card stock until current supplies are depleted.
  4. Employers Should Review I-9 form for Social Security Number Glitch

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC

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    The USCIS is warning employees about a glitch on the I-9 form if it was downloaded between November 14, 2016 and November 17, 2016. Specifically, numbers entered in the Social Security number field were transposed when employees completed and printed Section 1 using a computer. For example, the number 123-45-6789 entered in the Social Security number field would appear as 123-34-6789 once the form printed. Therefore, employers should review I-9 forms downloaded during this short period of time to ensure your employees’ Social Security numbers appear correctly in Section 1.

    Employers who notice their employees’ Social Security numbers are not written correctly should have their employees draw a line through the transposed Social Security number in Section 1, enter the correct Social Security number, and then initial and date the change. Employers should include a written explanation with Form I-9 about why the correction was made in the event of an audit.

    This glitch was fixed on November 17, 2016 so if you downloaded the I-9 form after the fix, the I-9 forms should not have this glitch.
  5. Employer Not Obligated to Offer Return Airfare to Discharged H-1B Employee

    By Bruce Buchanan, Sebelist Buchanan Law

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    The U.S. Department of Labor’s Administrative Review Board (ARB) found a consulting company was not obligated to offer or pay a fired H-1B employee’s airfare to India, her home country, because she took no initiative to leave the United States. See Vinayagam v. Cronous Solutions (ARB Case No. 15-045 Feb. 14, 2017).

    Cronous, a consulting company, took several months to place Vinayagam. Eventually, it placed her with another company as a contract worker, where she worked for a few months before Cronous’ contract expired. Several months later, Cronous shut down its business and notified Vinayagam of her termination and her need to immediately leave the United States. Vinayagam stated she needed to be paid all the salary owed for her time she was “benched” (available for employment but not employed) and requested airfare to India. Cronous’ representative said he would check on that matter.

    Thereafter, Cronous sent a letter to the USCIS asking for revocation of its approval of the I-129 petition. Two months later, the USCIS did so. Cronous continued to pay Vinayagam until the revocation was approved.

    Vinayagam continued to reside in the United States for another 1 ½ years seeking other employment and unsuccessfully petitioning for a change of status to B-2 - visitor. She conceded she made no effort to leave the United States.

    Vinayagam filed a complaint with the Department of Labor (DOL) on underpayment of wages and a lawsuit in federal court. The parties resolved the lawsuit with Vinayagam receiving $45,000 in back pay for the period of February 2008 to February 2009. Vinayagam asserted at the DOL that she was entitled to back pay continuing until September 28, 2010 because Cronous did not offer or provide payment of return transportation costs upon her discharge.

    As most readers know, normally an employer who discharges an H-1B employee must offer to pay the employee’s airfare to his/her home country. Other conditions which employers must meet to affect a bona fide termination of an H-1B employee are express termination of employment relationship with the H-1B employee and notification of the USCIS of the termination in order that the I-129 petition can be revoked.

    The ARB determined Cronous had ended its obligation to Vinayagam by paying her wages through February 2009 and notifying her of her termination. It did not need to pay her costs home or offer to do so because Vinayagam voluntarily chose to remain in the United States without a valid visa, sought employment with other employers, and unsuccessfully sought to change to a B-2 visa.

    In this case, the employer was successful in not offering return transportation costs based on these particular facts. Your company may not be so lucky if it fails to offer the return transportation costs. Therefore, employers should always offer these return transportation costs when discharging an H-1B employee.
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