On, March 31, 2017, U.S. Citizenship & Immigration Services rescinded a 17-year-old memorandum issued by the Nebraska Service Center regarding computer-related positions as H-1B “specialty occupations.” For the last 10 years, all H-1B petitions have been processed at the Vermont and California Service Centers, so the memo has not been in use. Since NSC recently began accepting H-1B extension petitions again, USCIS has rescinded the memo, stating it is outdated and inconsistent with the agency’s current approach to H-1B petitions for computer jobs.
Continue Reading USCIS Rescinds Old Guidance on H-1B Computer Programmers and Announces Targeted Scrutiny of IT Contractors
Enforcement
USCIS Releases updated Handbook for Employers
The USCIS released its updated Handbook for Employers, which is available as a free download below. The Handbook is a great resource for human resources personnel involved in the I-9 identity/work eligibility/reverification process. Part Seven (FAQs) and Part Eight (acceptable documents) are especially helpful sections of the Handbook.
Continue Reading USCIS Releases updated Handbook for Employers
Travel Ban FAQs
The President’s Executive Order, commonly called the “travel ban”, has raised many questions. We answer the most frequently asked questions below, and will update them as additional information becomes available.
Continue Reading Travel Ban FAQs
USCIS releases revised Form I-9, Employment Eligibility Verification
United States Citizenship and Immigration Services (“USCIS”) released the new version of Form I-9 today, a week earlier than previously announced. …
Continue Reading USCIS releases revised Form I-9, Employment Eligibility Verification
What Businesses Can Expect from Trump’s Immigration Agenda
Donald Trump’s statements about the U.S. immigration system were a main feature of his presidential campaign. Now that he has been elected, many are questioning whether and how those statements might become actual policies.
Continue Reading What Businesses Can Expect from Trump’s Immigration Agenda
Employers must use revised Form I-9 by January 22, 2017
On November 22, 2016, the United States Citizenship and Immigration Services (“USCIS”) will publish a revised Form I-9, Employment Eligibility Verification. Employers must use the revised Form I-9 by January 22, 2017, but may continue to use the current Form I-9, dated 03/08/2013, through January 21, 2017. We will post an update as soon as…
DHS to Publish Long-Awaited Regulations on AC21 and ACWIA
After more than 15 years since the statutes were enacted, the U.S. Department of Homeland Security will finally publish its proposed regulations implementing the American Competitiveness in the Twenty‑First Century Act of 2000, known as “AC21,” and the American Competitiveness and Workforce Improvement Act of 1998, known as “ACWIA.”…
Continue Reading DHS to Publish Long-Awaited Regulations on AC21 and ACWIA
USCIS Provides E-Verify Guidance Following Government Shutdown
Employers enrolled in the E-Verify program were unable to access the E-Verify system during the recent government shutdown. While employers were still required to complete paper I-9s for new hires, they were not able to enter the data into the E-Verify system within the required three days. USCIS has issued guidance for E-Verify participants. The…
E-Verify Unavailable During the Government Shutdown
While the US Citizenship and Immigration Services (USCIS) remains operating during the government shutdown, E-Verify services are not available. This means that companies cannot enroll in E-Verify, and those already enrolled cannot verify employment eligibility, make changes to an account, or run reports. The USCIS has provided limited guidance on their site.
Employers enrolled in…
ICE Says Electronic I-9 Programs Are Not Allowed To Pre-Populate Section 1
Last month, the Homeland Security Investigation Worksite Enforcement Unit of Immigration & Customs Enforcement (ICE) announced a significant change in policy regarding use of electronic I-9 software.
Many such systems integrate data from other HR databases in order to prepopulate information on Section 1 of Form I-9, the section employees fill out during the employment…