Your resource for all things immigration.
On October 17, 2014, the Secretary of Homeland Security announced that he would be extending the Temporary Protected Status for eligible nationals from Honduras and Nicaragua for an additional 18 months, effective January 6, 2015 through July 5, 2016. Continue reading “Temporary Protected Status Extended for Honduras and Nicaragua”
U.S. Citizenship and Immigration Services (USCIS) announced this month that it will begin disposing of E-Verify Records that are 10 years old and older beginning January 1, 2015. In an effort to minimize security and privacy risks associated with the retention of Personal Identifiable Information (PII), USCIS will begin disposing of E-Verify case records whose last transaction occurred on or before December 31, 2014. Continue reading “USCIS Will Begin Disposing of E-Verify Records 10 Years Old and Older”
Did you know that unlike most criminal defendants, the unaccompanied minors coming into this country don’t have a right to an attorney? Although many of the unaccompanied minors may be eligible for asylum or visas for victims of trafficking or other criminal activity, few may get that relief without competent counsel, which means they will be returned to countries where they are not safe. Continue reading “The Crisis at our Border”
On October 6, 2014, USCIS announced the launch of myE-Verify—a new website designed for employees. Having focused its previous efforts on employers, myE-Verify provides employees with the ability to create and maintain secure personal accounts and to access new features for identity protection. Continue reading “New USCIS System Dedicated to Employee I-9 Needs”
Today, the U.S. Department of State (“DOS”) issued the November 2014 Visa Bulletin. As was expected, the employment-based, second preference (EB2) category for people born in India retrogressed to February 15, 2005. Interestingly, the employment-based, third preference category moved forward across the board. EB3 India inched forward to November 22, 2003; EB3 China advanced to January 1, 2010; and EB3 for all other countries of chargeability moved to June 1, 2012. Continue reading “EB-2 India Retrogresses”
It’s been almost four years since U.S. Immigration and Customs Enforcement (ICE) finalized the regulations for electronically generating and/or storing Form I-9 records. Since that time, more and more employers have migrated to electronic I-9 systems for a variety of reasons—as a way of reducing paperwork violations, managing their I-9 programs, and/or integrating E-verify. Continue reading “The I-9 Squeeze: What Happens When An Employer Migrates to a Completely Electronic System?”
The State Department has released the Diversity Visa Program details for fiscal year 2016. Registration will open at noon, Eastern Daylight Time (EDT) on Wednesday, October 1, 2014 and will close at noon Eastern Standard Time (EST) on Monday, November 3, 2014. Eligible applicants must submit applications electronically—paper submissions will not be accepted. Continue reading “2016 Diversity Visa Lottery Program Details Announced”
Under the Immigrant and Nationality Act (“INA”), the hiring of a foreign worker must not adversely affect the wages or working conditions of similarly situated U.S. workers. The INA was also designed to protect foreign workers from being exploited. To make sure that does not happen, the INA requires employers to, among other things, pay foreign workers here on H1-B visas at least the local prevailing wage. Continue reading “To Amend, or Not to Amend?”
The U.S. Citizenship and Immigration Service (“USCIS”) has changed from red to blue the color ink it uses to stamp certain documents that could be used for I-9 purposes. This would be relevant, for instance, in a scenario where you have a high population of new hires that are refugees and they provide you with a refugee document. Reviewers should note that moving forward they may see government documents with stamps in blue, red and black ink and that, just because the ink color has changed, documents may still be valid. Continue reading “USCIS Now Using New Ink Color for Certain Documents Which May be Used for Form I-9”
Quite often employers ask, “If it doesn’t work out, can we recover all the money we have spent on the H-1B process from the employee?” The short is answer to this repeatedly asked question is no. Department of Labor (DOL) regulations are clear that the employer must pay the filing fees and may not allow the worker to pay it directly, by deduction from wages or in any other fashion. DOL regulations say that the H-1B costs and fees are employer business expenses and exclude those fees and costs from the list of “authorized deductions.” (Read more about deductions for an H-1B worker’s pay.) Continue reading “A Cautionary Tale for H-1B Employers”