Hunton Immigration and Nationality Law Blog : Immigration Lawyer & Attorney : Hunton & Williams Law Firm : Workplace Enforcement, Immigration Visas

Under its Validation Instrument for Business Enterprises (VIBE) program, through a data partnership with Dun & Bradstreet (D&B), USCIS verifies "business existence" for each US employer who files a petition for a foreign-national employee.

If data on the employer is unavailable in D&B, or does not match data in the employer's petition, USCIS sends the employer a Request for Evidence, asking for additional documentation of the company's business existence, which delays approval of the petition.  Although a single employer is not supposed to receive a VIBE Request for Evidence more than once, immigration practitioners have found that this standard is not 100% consistent.

USCIS and D&B have now announced a streamlined process for proactively updating a company's business data before a petition is filed.  This could prevent delays and additional legal fees associated with a Request for Evidence (although responding to a VIBE RFE is generally routine).  Employers may wish to avail themselves of this opportunity.

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On September 8, 2009, U.S. Citizenship and Immigration Services published additional guidance for contractors subect to FAR E-Verify.  The new guide may be read and downloaded here. 

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The US Citizenship and Immigration Services (USCIS) has issued a new Form I-9 that employers must use as of April 3, 2009.  Under the Immigration Reform and Control Act of 1986 (IRCA), employers must complete Form I-9 for each new employee within three days of hire, and retain the form in the event of governmental investigations.  Employers can be fined for failing to complete the forms properly and for knowingly employing unauthorized workers.  The USCIS memo announcing the new Form I-9 can be read here and the new Form I-9 can be downloaded here.  A new Handbook for Employers that provides useful information on the I-9 process can be found here.

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