Customs and Border Protection (CBP) is directly involved in Hurricane Dorian rescue efforts. So far the agency’s Air and Marine Operations (AMO) has airlifted over 80 people, including citizens of the Bahamas and citizens of the U.S., from the ravaged Abaco Island and Grand Bahama to Nassau for medical treatment and shelter. CBP is also
Michael H. Neifach
Update on Status of Changes to Soon-To-Expire Form I-9
The I-9, Employment Eligibility Verification Form, that employers have been using since July 2017 is set to expire on August 31, 2019. Until USCIS makes any additional announcements on I-9 Central, employers should plan to continue to use the current form.
In preparation for the form’s expiration, USCIS initiated a 60-day comment period on…
The New Normal: Sustained Rise in Worksite Immigration Raids
Six hundred and eighty workers from seven poultry processing plants across Mississippi were arrested by ICE in what was the largest workplace raid in a decade. Raids of this size require complex logistics and months of preparation. This raid has been in the planning stages for a year. “Sources close to the Department of…
House Passes Bill to Eliminate Green Card Backlogs, Competing Bill in Senate Introduced
The House of Representatives has taken a step in the direction of eliminating green card backlogs by passing the Fairness for High-Skilled Immigrants Act of 2019 (H.R. 1044) introduced by Representatives Zoe Lofgren (D-CA) and Ken Buck. (R-CO). The support was bi-partisan and passed in a 365 to 65 vote. The bill would:
- Increase per
…
Received a No-Match Letter from SSA?
The Social Security Administration (SSA) No-Match letters to employers are notifications from SSA that an individual employee’s W-2 form does not match SSA’s records. The letters also inform employers that corrections are necessary and direct employers to use the SSA’s Business Services Online (BSO) database, which requires registration, to find out exactly which employees came…
U.S. Supreme Court to Decide If Immigration Law Preempts State Law Prosecution
Please see our legal update on the issue of whether the Immigration Reform and Control Act (IRCA) preempts states from using information in Form I-9 to prosecute a person under state law.
Temporary Protected Status Extended to 2020 for El Salvador, Haiti, Nicaragua, Sudan
TPS employment authorization has been extended automatically until January 2, 2020, for beneficiaries from El Salvador, Haiti, Nicaragua, and Sudan.
In October 2018, a preliminary injunction was issued in Ramos v. Nielsen, preventing implementation of the Administration’s decision to terminate TPS for the four countries. At that time, DHS announced that if the injunction were…
Catching Up with E-Verify
Employers will have until February 11, 2019, to create cases in E-Verify for employees hired during (or just prior to) the government shutdown.
Because of the month-long interruption in services, E-Verify anticipates that there will be longer-than-usual processing times and longer-than-usual delays in responses to requests for assistance.
Creating Cases for Employees Hired During (or…
DHS Issues New Guidance on Temporary Protected Status for El Salvador, Haiti, Nicaragua, Sudan
Following Judge Edward Chen’s preliminary injunction blocking the termination of TPS status for beneficiaries from El Salvador, Haiti, Nicaragua, and Sudan, the DHS has issued guidance regarding its compliance with that Order.
TPS status for beneficiaries from the four countries will continue so long as the preliminary injunction remains in effect.
According to DHS,…
E-Verify Subject to Collective Bargaining
While I-9 compliance is important, companies cannot forget about other labor and employment laws. In May 2018, a meatpacking company in Illinois was caught between ICE and the National Labor Relations Board.
ICE conducted an audit of the company’s I-9s. Upon notice of the audit, the company began implementing E-Verify. An NLRB judge ruled that…