USCIS is adopting a new approach for international travel and Form I-131 Advance Parole (AP) applications. Until recently, USCIS has approved AP applications even where the beneficiary travelled internationally during the pendency of the application. This was the case even though the I-131 application states, “If you depart the United States before the Advance Parole … Continue Reading
A common issue for employers of non-resident aliens authorized to work in the U.S. is whether (and when) such individuals are exempt from FICA taxation. Under the Internal Revenue Code, a nonresident alien (“NRA”) in the United States under a teacher, researcher, trainee, or student visa is exempt, within certain limitations, from FICA taxation. To … Continue Reading
Could barring evidence in court of undocumented workers’ immigration status actually prevent employers from hiring illegal immigrants? It could, according to one Illinois district court judge. Please read the full post by our colleagues Ellison F. McCoy and O. John Norris, III here.… Continue Reading
President Donald Trump has nominated R. Alexander Acosta to be Secretary of Labor. His nomination comes one day after Andrew Puzder, Trump’s first pick to lead the Department of Labor, withdrew his nomination. Please see the full blog. … Continue Reading
USCIS’s new M-274 “Handbook for Employers with Guidance for Completing Form I-9” is now available. In addition to detailed I-9 completion instructions, the Handbook contains guidance on Photocopying and Retention, Unlawful Discrimination and Penalties, E-Verify. It also contains FAQs as well as images of sample documents. The new I-9 Form went into effect on January … Continue Reading
Revised regulations implementing Section 274B of Immigration and Nationality Act (INA), prohibiting certain unfair immigration-related employment practices, will become effective on January 18, 2017, the Department of Justice has announced. Of particular import to employers are the revisions to 28 CFR Part 44 on the employment eligibility verification process. Employers should ensure their policies and … Continue Reading
On December 9, 2016, President Barack Obama signed H.R. 2028 (Pub. L. 114-254), a stop-gap spending bill to keep the government running through April 28, 2017. H.R. 2028 includes a Continuing Resolution that extends four immigration programs: The Conrad 30 J Waiver, the Non-Minister Special Immigrant Religious Worker Visa, the EB-5 Regional Center Visa Program, … Continue Reading
President-elect Donald Trump has chosen retired Marine General John F. Kelly to head the Department of Homeland Security (DHS), the third largest cabinet department. Kelly was head of the U.S. Southern Command until his retirement from the military in February 2016. If confirmed Kelly’s responsibilities will include border security and immigration. The head of DHS … Continue Reading
Any employer anticipating submission of an immigration application or petition should consider filing prior to December 23, 2016, to avoid higher USCIS filing fees. On October 24, 2016, USCIS announced a final rule that adjusts the required fees for most immigration applications and petitions. This will be the first increase in six years and, according … Continue Reading
Under Immigration and Nationality Act (INA) Section 212(a)(5)(C), health care workers (except physicians) who seek employment in the United States must obtain a health care worker certification from an approved independent credentialing organization. Physical therapists are among those allied health professionals subject to this requirement and commonly obtain the required certification from the Foreign Credentialing … Continue Reading
The Office of Management and Budget (“OMB”) has approved revisions to the Form I-9 to be released to the public within 90 days. The exact date of release has not been announced. The new form will include much-needed technology features to assist employers in identifying errors. The new form will replace the 2013 version and … Continue Reading
Vacating a $226,000 fine against Employer Solutions Staffing Group for alleged Form I-9 violations, the Fifth Circuit Court of Appeals has ruled that it was not a violation for employer to have one of its agents inspect original employee documents in Texas and have another person in Minnesota complete the employer attestation in Section 2 … Continue Reading
Employers employing foreign nationals in H-1B nonimmigrant visa status must pay their H-1B employees the wage specified on the Labor Condition Application (LCA) certified by DOL, regardless of whether the H-1B employer is enduring difficult economic or financial periods due to struggling national economy, an Administrative Law Judge for the Department of Labor has ruled … Continue Reading
The Department of Homeland Security’s Immigration and Customs Enforcement (ICE) office has told 1,000 employers across the country the agency will audit their hiring records to determine compliance with employment eligibility verification laws. These Notices of Inspection (NOIs) often request not only I-9 documentation, but payroll records, copies of immigration filings, copies of Social Security … Continue Reading
Obama Nominee Finds Himself in I-9 Hot Water A recent Washington Post report has succeeded in highlighting one of the more confusing compliance requirements for small business owners: the I-9 verification. It seems that Alan Bersin, the Administration’s nominee for (and current recess-appointed) Commissioner of Customs and Border Protection, the agency charged with protecting the nation’s borders, … Continue Reading
