ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

I-9 E-Verify Immigration Compliance

description

  1. E-Verify Participation Poster Redesigned

    By: Bruce Buchanan, Sebelist Buchanan Law
    Click image for larger version. 

Name:	e-verify1.jpg 
Views:	14 
Size:	5.4 KB 
ID:	1222
    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.
  2. Trump’s Extreme Vetting – L-1B Site Visits

    By: Bruce Buchanan, Sebelist Buchanan Law

    Click image for larger version. 

Name:	Visa Denial L1.jpg 
Views:	16 
Size:	8.4 KB 
ID:	1221

    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
  3. Effects of Temination of DACA on Employers

    By: Bruce Buchanan, Sebelist Buchanan Law

    Click image for larger version. 

Name:	daca.jpg 
Views:	17 
Size:	4.7 KB 
ID:	1220

    Since President Trump’s announcement rescinding DACA (Deferred Action for Childhood Arrivals), media focus has been on the 800,000 DACA recipients – as it rightfully should be. However, there is going to be another entity impacted - employers of those 800,000 DACA recipients.

    Not only do employers need to be concerned about the loss of valuable employees, but employers need to be concerned with staying in compliance of immigration laws. It is fundamental immigration law that employees cannot legally work without proof of their identity and work authorization. Thus, when DACA recipients’ Employment Authorization Card (EAD) expire, employers will need to discharge DACA recipients, unless they have found another way to obtain work authorization (which is very unlikely).

    But before employers start discharging employees, one needs to be careful not to do so prematurely. During the period of DACA’s work authorization, even beyond March 5, 2018, when the USCIS will no longer approve DACA renewals, DACA employees can be authorized to legally work. It all depends on the EAD’s expiration date. Although no renewal EAD will be issued after March 5, 2018, this doesn’t mean all DACA recipients are not eligible to work after March 5, 2018.

    As an example, DACA employee Jose has an EAD which expires on March 4, 2018, so he can renew his DACA status and EAD (if the renewal is filed by October 5, 2017). Thus, he will be eligible to work until about March 2020. On the other hand, another employee, Mohammed, has an EAD pursuant to DACA, which expires on March 6, 2018. Unfortunately, March 6, 2018 is the date his employment must terminate. Thus, employers must be observant of the EAD’s expiration date.

    How does an employer even know whether the EAD is through DACA, TPS, or withholding of removal? There is a code on the front of the EAD card. For DACA, the code is C33. This code is different than codes for TPS or withholding - A10, A12 or C19.

    Some employers may ask why can’t I just discharge DACA recipients now. First, they are probably very good employees – as so many of them are proud to be legally working for the first time in their lives. Second, hopefully Congress is going to pass the DREAM Act or some other legislation that will provide for lawful employment for DACA recipients; thus, employers won’t have to face the issue. However, if an employer chose to discharge a DACA recipient based on his DACA status, it is very unlikely that the discharge would be unlawful under the anti-discrimination provisions of the Immigration and Nationality Act.

    Some small employers may be thinking I’m just going to look the other way and not terminate DACA recipients when their work authorization expires. Although I can understand employers not wanting to hurt their DACA employees, employers need to consider their own situation. If an employer continues to employ a worker after his work authorization expires, is not renewed, and no other work authorization is provided, they are subject to “knowingly” employing an undocumented worker. The fines for such a first offense range from $539 to over $4000, with a fine of over $3,000 being the most likely. If you have five DACA employees that you retain without work authorization, you are looking at a fine of $15,000 before Immigration and Customs Enforcement (ICE) has even looked at your Form I-9s for substantive violations. So, your heart may tell you to keep DACA recipients without work authorization; but, listen to your head, which is filled with dollar signs for fines and penalties.

    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 on Amazon at http://www.amazon.com/dp/0997083379.
  4. New I-9 Form Must Be Used as of September 18

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC

    Click image for larger version. 

Name:	uscis 2.jpg 
Views:	15 
Size:	6.4 KB 
ID:	1219

    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. 9th Court of Appeals Agrees with OCAHO Decision

    By Bruce Buchanan, Sebelist Buchanan Law

    Click image for larger version. 

Name:	3machines.jpg 
Views:	12 
Size:	5.5 KB 
ID:	1218

    In a rare Court of Appeals decision involving Form I-9 penalties, the Ninth Circuit Court of Appeals (covers California, Oregon, Washington, Nevada, Alaska, Idaho, Montana, and Hawaii) substantially agreed with a decision by the Office of Chief Administration Hearing Officer (OCAHO). See DLS Precision Fab LLC v. ICE (9th Cir. August 2017).

    In the underlying decision, OCAHO found DLS to have committed 504 violations related to their I-9 forms and assessed a penalty of $305,050. Of the 504 violations, 489 concerned substantive or paperwork violations while 15 concerned employees who DLS knowingly employed without work authorization. DLS was able to reduce the penalties to $305,050 from $495,250, which Immigration and Customs Enforcement (ICE) sought.

    On appeal to the 9th Circuit, DLS prevailed on one issue, thereby reducing the violations from 504 to 503. In the appeal, DLS argued its paperwork or substantive violations should be viewed under the “good faith defense” because it “made a good faith effort to comply with the Immigration and Nationality Act (INA) by hiring a HR director, who exhibited bad faith by neglecting his duty to keep DLS compliant.” The Ninth Circuit was not persuaded by DLS’s argument because the HR director was acting as DLS’s agent; thus, “his failure to perform his responsibility may properly be imputed to DLS.” Moreover, DLS’s argument essentially requests the Ninth Circuit to rewrite the statute, something that is not with the court’s authority.

    The Court also affirmed OCAHO’s rejection of DLS’s statute of limitations defense. Concerning the numerous paperwork violations, the Court found such a violation occurs “until it is corrected, or until the employer no longer is required to retain the I-9 form.” There is a five-year statute of limitations, which applies the above test. In applying this test, the Ninth Circuit found one violation was beyond the five-year statute of limitations.

    Finally, DLS asserted OCAHO failed to take into account its inability to pay defense. The Court agreed with DLS but pointed out OCAHO was not required to consider an inability to pay; thus, there was no error.

    This court’s decision reinforces my mantra in previous articles – Form I-9 errors can have costly consequences; thus, all employers should conduct internal I-9 audits under the supervision of counsel who is well-versed in immigration compliance. For more information on how companies can protect themselves, you may want to read by new book, The I-9 and E-Verify Handbook, available from Amazon at: https://www.amazon.com/I-9-E-Verify-...dp/0997083379/.
Page 2 of 68 FirstFirst 12341252 ... LastLast
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: