As an update (to this recent posting), we clarify that USCIS recently indicated in the Fall Unified Agenda the posting of a Notice of Proposed Rulemaking in November 2018 (see RIN 1615-AC15) on this regulation. Please check back as this and other H-1B regulatory actions are anticipated in the near future. U.S. Department of Homeland … Continue Reading
The National Law Journal selected the 2018 Trailblazers in Immigration. This year, Greenberg Traurig Immigration & Compliance attorneys Laura Reiff and Kate Kalmykov were recognized on the list for their notable achievements in the practice of law. Kalmykov leads the immigration practice group in the firm’s New York, New Jersey, and Philadelphia offices. She has more … Continue Reading
The Business Immigration & Compliance Practice of Greenberg Traurig, LLP is pleased to announce that Courtney B. Noce has been elevated to shareholder in the Atlanta office. Noce focuses her practice on U.S. business immigration, compliance, and enforcement actions, as well as global immigration. She represents both large multinational companies and small startups on the … Continue Reading
USCIS has begun issuing I-797A, Notice of Action Approval Notices containing inconsistent validity periods on the face of the document. Specifically, the top portion of the I-797A approval notices lists the approved visa classification (e.g., H-1B) and the authorized validity period of that visa classification (e.g., from Oct. 1, 2017, to Sept. 11, 2020). The … Continue Reading
In response to the Trump administration’s stance on immigration enforcement, California is considering legislation (Assembly Bill 450 (Chiu)) which would prohibit employers from providing federal immigration officials with access to nonpublic areas of the workplace without a judicial warrant. While aiming to provide new protections to workers, the bill’s broad language does not eliminate any employer … Continue Reading
Greenberg Traurig and the Philadelphia Bar Association invite you to attend an introductory seminar on immigration processes and their relationship to businesses on April 19. Greenberg Traurig attorneys, Matthew T. Galati and Shaun Staller, will provide an overview of the immigration law system and address hiring foreign workers, options for new foreign owned businesses, paths … Continue Reading
Federal law requires employers to verify the identity and employment authorization of each person they hire, complete and retain a Form I-9 (Employment Eligibility Verification) for each employee, and avoid discriminating against individuals on the basis of national origin or citizenship. On March 28, 2016, USCIS published a notice in the Federal Register to notify … Continue Reading
On November 24, 2015, USCIS published a notice in the Federal Register [80 FR 73200] of proposed changes to the Form I-9, thereby initiating a 60 day public comment period through January 25, 2015. The proposed changes aim to reduce the commission of technical errors on the Form I-9 and increase functionality for customers in … Continue Reading
Earlier this month, an Administrative Law Judge (ALJ) for OCAHO ordered Hartmann Studios, Inc., an event design and production company based in Richmond, California to pay civil money penalties totaling $605,250 based on 808 I-9 paperwork violations. The vast majority of violations involved the company’s failure to sign section 2 of the I-9 forms. The … Continue Reading
In a recent symposium sponsored by the Council for Global Migration, the U.S. Citizenship and Immigration Services (USCIS) and the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), made the following note-worthy announcements and/or classification: The USCIS will soon release a “smart” online I-9 form to assist employers in completing the forms correctly. … Continue Reading
The U.S. Department of Justice (DOJ) recently entered into a settlement agreement with three staffing companies in the Memphis, Tennessee area. DOJ’s investigation discovered that each of the companies rejected the employment of two qualified individuals based on them being born in Puerto Rico. Specifically, the employers refused to accept each individual’s valid Puerto Rican … Continue Reading
On June 4, 2015, ICE reminded employers across the country of the I-9 employment eligibility verification requirements and the consequences for violations when it issued a fine against Broetje Orchards in Washington state for employing close to 1,000 unauthorized workers. The matter involving Broetje Orchards has been ongoing for several years, after the company was … Continue Reading
Employers can now complete the I-9 Form using a new Desktop Widget that can be downloaded and saved onto desktops. The widget makes it easier and faster to complete the Form I-9. With one click, employers will be taken to an online, fillable Form I-9. USCIS offered this widget to make the form more easily … Continue Reading
As reported in the Federal Register, Temporary Protected Status (TPS) designations were extended for Sudan and South Sudan for 18 months, from November 3, 2014 to to May 2, 2016. Applicants who were previously granted TPS status under the 2011 South Sudan designation or 2013 re-designation must apply between September 2, 2014 and November 3, … Continue Reading
CBP has automated the I-94 and I-94W process for all travelers applying for admission at U.S. ports of entry. Consequently, nonimmigrants arriving at an air or sea U.S. Port of Entry no longer receive a paper I-94 card from the CBP inspector. CBP provides each nonimmigrant with an admission stamp that is annotated with date … Continue Reading
The GT Business Immigration & Compliance Practice invites you to attend our “Onboarding: Hiring Foreign Nationals” webinar on Tuesday, December 12, 2013 from 12:30 – 1:30 p.m. ET featuring GT attorneys Nataliya Binshteyn, Ali Brodie and Rebecca Schechter. In today’s global marketplace, many companies are recruiting skilled foreign nationals to join their workforce. While this … Continue Reading
Normally, when an employee’s work authorization document is expiring, an employer must reverify the employee’s work authorization for Form I-9 purposes. There are two exceptions to the re-verification requirement: an expired U.S. passport and an expired Permanent Resident Card. In a recent Technical Assistance Letter dated September 5, 2013, the Department of Justice’s Office of … Continue Reading
The Department of Justice’s Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices has joined the growing chorus of government agencies speaking out against the practice of prepopulating Section 1 of Forms I-9. In a recent Technical Assistance Letter (TAL), the OSC discourages the use of prepopulation citing concerns about Section 1 containing inaccurate … Continue Reading
When Immigration and Customers Enforcement (ICE) decides to perform an audit of a company’s Employment Eligibility Verification forms (Form I-9), they will issue a Notice of Inspection (NOI). Providing a careful response to an NOI is critical as it lays the platform for communicating, negotiating, and oftentimes settling with ICE. Following the recent decision from … Continue Reading
A recent decision from the Office of the Chief Administrative Officer (OCAHO) serves as a good reminder to make sure your company’s Forms I-9 are in order. In U.S. v Anodizing Industries, Inc., the OCAHO reviewed an Immigration and Customs Enforcement (ICE) complaint that a Los Angeles metal finishing factory had violated 8 USC §1324a(a)(1)(B) … Continue Reading
In a Federal Register Notice dated August 22, 2012, United States Citizenship and Immigration Services (USCIS) announced that it will allow members of the public to submit comments about proposed changes to the Form I-9 for an additional thirty (30) days.… Continue Reading
On August 13, USCIS announced that employers should continue using the Form I-9 currently available in the forms section of www.uscis.gov until further notice. The current version of the form should continue to be used even after the OMB control number expiration date of August 31, 2012, has passed. USCIS will provide updated information about the new version of the Form I-9 as it becomes available.… Continue Reading
Why are I-9s relevant in the context of the EB-5 immigrant investor visa? For individual EB-5 applicants who must create 10 U.S. jobs per employee, USCIS often requests the I-9s of the new commercial enterprise to determine whether or not the investor has satisfied the 10 job per investor requirement of the EB-5 program. In the regional center context, certain centers may rely on direct employment by the project company. This is common in certain industries such as manufacturing, hospitality, assisted living or restaurants where the project company may hire a number of direct employees for operations.… Continue Reading
On May 29, 2012, the U.S. Attorney's Office for the Middle District of Pennsylvania announced the unsealing of a 20-count indictment against GPX/GPX, USA, a Texas-based seismic surveying company, and its field operations supervisor, Douglas C. Wiggill. The indictment charges the company and Wiggill with conspiracy to harbor and transport illegal aliens, as well as the commission of these offenses, for failing to complete Forms I-9 and verify the immigration status of 19 illegal aliens hired to work on a seismic surveying project in Lycoming County, Pennsylvania.… Continue Reading
