The following article on H-1B Visas was recently published in the Union Leader as part of McLane Middleton’s Know the Law series:
Q. After many unsuccessful attempts at filling an open position, my company recently interviewed an exceptionally qualified candidate. The candidate is a foreign national living abroad. Years ago, my company obtained a visa
The Department of Homeland Security Citizenship and Immigration Services published a notice in the Federal Register on January 31, 2020, alerting the public to the release and requirement of a new version of the ubiquitous Form I-9, Employment Eligibility Verification document. The new form was available for download and use beginning on that date. We are presently in a 90-day transition time during which employers may use the new form, with a version date of “Rev. 10/21/2019”, or the prior version of the form with a version date of “Rev. 07/17/2017N”.
Continue Reading New I-9 Form – Available January 31, 2020; Mandatory May 1, 2020
On January 9, 2020, the implementation of the H-1B registration process was published in the Federal Register. Although the final rule regarding registration was issued in January 2019, and an announcement was made in December 2019 confirming the process, only some guidance regarding the process has been provided. As of the January 9, 2020 notice, USCIS has stated that it will conduct further outreach and training prior to the initial implementation of the registration process, and will provide guidance on how to use the registration system.
Continue Reading H-1B Cap Registration Update
The Department of Homeland Security (DHS), which oversees the E-Verify program, has announced that the website www.e-verify.gov will not be available to employers during the current partial government shutdown. The website will not be managed or updated until after funding is restored. DHS reported that “information on this website may not be up to date. Transactions submitted via this website might not be processed and we will not be able to respond to inquiries until after appropriations are enacted.”
Continue Reading During Fight Over Funding for Border Security, E-Verify Closed for Business
With news of US Immigration and Customs Enforcement (ICE) agencies raiding nearly 100 7-Eleven stores across 17 states in the US demanding employment verification from managers, TerraLex recently asked me to discuss what considerations employers and employees should keep top of mind if an onsite raid occurs. Here is my response for a TerraLex publication:
Continue Reading What to Do If an Onsite ICE Raid Occurs?
On July 17, 2017, the United States Citizenship and Immigration Services (“USCIS”) released an updated version of the Form I-9, Employment Eligibility Verification. This updated version will replace the most recent form from late January of this year. Employers will have the option to use the updated form (Rev. 07/17/17 N) or continue using the previous Form I-9 (Rev. 11/14/2016 N) during a 60 day grace period, until September 17, 2017. Beginning September 18, 2017, employers will be required to use the updated form for the initial employment verification of all new hires, as well as any applicable employment re-verifications.
Continue Reading USCIS Releases Updated I-9
On January 27, 2017, President Trump issued an Executive Order (EO) entitled “Protecting the Nation From Foreign Terrorist Entry Into the United States.” Among other things, the EO attempted to implement a travel ban whereby individuals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen would be prohibited from entering the United States. Immediately, nationals from the named countries faced extraordinary hardship in entering the U.S. Individuals with valid non-immigrant visas, such as F-1 student visas, H-1B work visas and other individuals with valid visas were affected. Green card holders (immigrant visa holders) were also affected. These non-immigrants and immigrants are individuals who live in the United States, have family, jobs, homes, or other ties to the U.S., and who have gone through the lengthy and rigorous immigration process to obtain valid visas to enter the U.S. The EO extended to effect refugees who had been vetted by the U.S. government and granted refugee status by the U.S. to escape persecution.
Continue Reading The Effects of President Trump’s Immigration Executive Order
A new Employment Eligibility Verification (Form I-9) was released on November 14, 2016. Under the Immigration Reform and Control Act of 1986 (IRCA), employers are required to verify the employment eligibility and identity of new employees by reviewing documents provided by the employee (such as passports, visas, licenses, etc.) and completing the Form I-9.
The H-1B visa is one of the most popular work visas in the United States, but is becoming increasingly difficult to obtain due to a shortage. Applications for H-1B visas are accepted on April 1 of each year, so now is the time for businesses to start the planning process.
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The U.S. Citizenship and Immigration Services (USCIS) published a revised Employment Eligibility Verification Form I-9 for use on March 8, 2013. Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they