Natalie S. Tynan

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Since mid-June, the White House has been promising massive U.S. Immigration and Customs Enforcement (ICE) coordinated immigration raids around the country.  The goal: arrest and quickly remove approximately 2,000 recently arrived individuals with deportation orders.  This, according to the White House, would serve as a deterrent to others seeking to enter the U.S. unlawfully.  The…

US Immigration and Customs Enforcement (ICE) has broad authority to investigate and enforce Form I-9 compliance, but employers have rights and responsibilities, too.  Understanding these rights and responsibilities is critical to surviving an ICE worksite enforcement investigation.

Employers cannot hire workers who are unauthorized to work in the United States and must verify the identity…

Thought the Social Security Administration (SSA) no-match letters were a thing of the past? Check your snail mail. In March, SSA began sending Employer Correction Request Notices – officially called EDCORs – to employers whose payroll records do not match SSA records. SSA has not released official numbers, but it is reported that more than 575,000 employers received EDCORs over the last two months. …
Continue Reading Another Name, But Mostly The Same: Social Security No-Match Letters Are Back

On April 3rd, U.S. Immigration and Custom Enforcement’s (ICE) largest worksite compliance operation hit the private company CVE Technology Group (CVE) and four of CVE’s staffing companies in Texas.  ICE executed criminal search warrants and arrested approximately 280 CVE employees who, according to ICE, were working unlawfully.  Each arrested employee will be fingerprinted…

U.S. Citizenship and Immigration Services (USCIS) published revised Form I-539, Application to Extend/Change Nonimmigrant Status and new Form I-539A, Supplemental Information to Extend/Change Nonimmigrant Status.  Applicants may continue to file the current Forms I-539 and Supplement A until March 21, 2019; as of March 22, 2019, only the revised I-539 and I-539A will be…

On February 20, 2019, U.S. Citizenship and Immigration Services (USCIS) submitted its proposed regulation to remove work authorization for certain H-4 spouses to the Office of Management and Budget (OMB). It is likely that OMB will complete its review within 30 days.

What happens next?

Once OMB completes its review, the proposed regulation will be…

On February 11, 2019, U.S. Citizenship and Immigration Services (USCIS) announced a revised Form I-539, Application to Extend/Change Status.  The revised form will publish and become effective on March 11, 2019.  As of the effective date, USCIS will only accept the revised Form I-539.  Affected foreign nationals include spouses and children of H-1B and L…

Foreign Students Will Face New Threats

 DHS’s Fall 2017 regulatory agenda proposed “comprehensive reform” to practical training programs, which allow foreign students to obtain paid work after graduation – a pathway that often leads to H-1B and green card sponsorship by a U.S. employer.  Although no final rule has yet been published, ICE is still…

During the government shutdown, lasting from December 22, 2018 through January 25, 2019, employers were required to complete and retain Form I-9, Eligibility Employment Verification, for each individual hired during the shutdown, even though E-Verify services were unavailable. However, it was recently announced that E-Verify resumed operations on January 28, 2019 and participating employers have…