Category Archives: Form I-9

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Greenberg Traurig’s Laura Reiff and Kate Kalmykov Selected as 2018 Trailblazers by the National Law Journal

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

Greenberg Traurig Elevates Courtney B. Noce to Shareholder in Atlanta

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 Approval Notices Cause Confusion due to Inconsistent Validity Periods

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

Proposed California Law Would Increase Employer Responsibilities When Faced With Immigration Worksite Enforcement Actions

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

REGISTRATION OPEN: Greenberg Traurig and the Philadelphia Bar Association Business Immigration 101 Seminar

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

Proposed Changes to Form I-9

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

60 Day Comment Period Announced: Proposed Changes to Form I-9

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

California Event Design and Production Company Fined $605,000 for Over 800 I-9 Violations

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

USCIS and OSC Make Some Important I-9 Announcements: “Smart” Online I-9, Driver’s Licenses for Undocumented Workers, Honesty Policies

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

I-9 Alert: Department of Justice Settles Immigration Discrimination Claims with Three Memphis Area Staffing Firms

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

ICE Issues Record Fine of $2.25 Million

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

Form I-9 Widget Available for Download

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

Tips for Resolving Issues I-94 Issues under the Electronic CBP System

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

GT to Present “Onboarding: Hiring Foreign Nationals” Webinar

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

Reminder from OSC – Don’t Reverify Permanent Residents!

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

Yet Another Strike Against Form I-9 Prepopulation

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

Tips on Responding to a Notice of Inspection from ICE

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

Finish Up Your Spring Cleaning: Review Your Forms I-9

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

USCIS Announces Continuing Validity of Current Form I-9 Version for Employment Eligibility Verification

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

I-9s and EB-5s: What’s the Connection?

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

U.S. Attorney’s Office Charges Texas-Based Firm and Field Operations Supervisor with Harboring and Transporting Illegal Aliens; $10 Million Fine and 100-Year Prison Term at Stake

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
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