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New Form I-9 – Prevent Penalties

November 25, 2016 by Thomas Geygan

Ethnic Business TeamU.S. Citizenship and Immigration Services (USCIS) has recently announced that the newest version of the Form I-9 is now available and ready for use.  Employers are required to complete and retain a Form I-9 for every employee hired during or after 1986 who are continuing in their employment and have a reasonable expectation of employment at all times. The Form I-9 is used for employment eligibility verification by confirming the identity and employment authorization of individuals hired for employment in the United States. Employers must complete and sign Section 2 of Form I-9, Employment Eligibility Verification within 3 business days of the date of hire of their employee (the hire date means the first day of work for pay).

Employers may continue to use the version of the Form I-9 that has a revision date of March 8, 2013 for new hires until January 21, 2017. On January 22, 2017, any and all previous versions of the I-9 Form will no longer be valid for newly hired employees and employers will be expected to be fully transitioned to the new form, which will not have an expiration date until August 31, 2019.  Please note that you are not required to update or redo current employee Form I-9s on file with the new Form I-9 if the information is otherwise accurate. Employers only need to ensure the new Form I-9 is used for all new employees moving forward after January 21, 2017.

Changes with the new Form I-9 are particularly focused on assisting employers in decreasing errors which could, and have previously resulted in serious fines and penalties. According to USCIS, a few key (positive) changes to the new Form I-9 include:

• Embedded instructions for completing each field,

• Validation on certain fields and the addition of prompts to ensure information is entered correctly,

• The ability to enter multiple preparers and translators,

• A dedicated area for including additional information rather than having to add it in the margins,

• A supplemental page for the preparer/translator,

• Separate instructions from the form; however, employers are still required to present the instructions to the employee completing the form.

Please remember the new form is required only for new hires, after January 21, 2017.  If you have any questions about the new I-9 form or your I-9 compliance procedures, please contact my office for options for an I-9 review.

Filed Under: Employment

EB-4 Visa Limits Reached for El Salvador, Guatemala and Honduras

May 2, 2016 by Thomas Geygan

As recently announced, the employment-based fourth preference (EB-4) visa limits have been reached for fiscal year 2016 for special immigrants from El Salvador, Guatemala and Honduras. The May 2016 Department of State Visa Bulletin reflects this situation, so starting May 1, USCIS can no longer accept Form I-485 from applicants from these countries who filed Form I-360 on or after January 1, 2010, because visas will no longer be immediately available. When the Department of State determines that visas are once again available for this category, the visa bulletin will be updated and USCIS will accept new Form I-485s accordingly.
To accommodate filings that meet the April 2016 Visa Bulletin, the Chicago Lockbox facility, where these applications are filed, will extend its hours and continue to accept these filings until 3:30 p.m. Central time on Saturday, April 30.

Filed Under: Employment, Green Card

SEVP to Host Webinar on the STEM OPT 24-Month Extension Final Rule

March 23, 2016 by Thomas Geygan

On March 11, 2016, DHS published a final rule that will allow certain F-1 STEM students who have elected to pursue 12 months of optional practical training (OPT) in the United States to extend the OPT period by 24 months. The Student and Exchange Visitor Program (SEVP) will hold a webinar on April 14, 2016, to discuss the new rule. F-1 students and school officials are encouraged to participate.

Filed Under: Employment

Some Additional Requirements On Green Card Holders That Do Not Apply To Citizens.

January 26, 2016 by Thomas Geygan

GreenCard2Quite a few people are confused as to the differences in rights and responsibilities between U.S. citizens and Lawful Permanent Residents (LPRs). As a legal matter, LPRs, although allowed to stay and work in the United States permanently, are still ‘‘aliens’’ and subject to immigration law. Unlike United States citizens, below are some of the additional requirements on “Green Card” holders.
• The status of LPRs can be rescinded under section 246 of the INA (8 U.S.C. 1256) and LPRs can be removed from the United States under section 237 of the INA (8 U.S.C. 1227);
• LPRs are required to acquire and carry evidence of their status (Form I–551) and replace it when it is lost or expires under section 264 of the INA (8 U.S.C. 1304) and 8 CFR 264.5(b);
• LPRs must present specific documentation as a condition for admission and re-admission to the United States under section 211 of the INA (8 U.S.C. 1181) and 8 CFR 211.1(a);
• LPRs must notify DHS of each change of address and new address within ten days of the date of the change of address under section 265(a) of the INA (8 U.S.C. 1305(a)) and 8 CFR 265.1;
• LPRs may be deemed to have abandoned their status when outside of the United States for more than one year, unless they obtain a re-entry permit, in line with the documentary requirements at 8 CFR 211.1(a) and (b)(3); and
• LPRs must apply for naturalization to obtain citizenship, demonstrating good moral character and at least five years of continuous residence under section 316 of the INA (8 U.S.C. 1427), as well as an understanding of the English language and a knowledge and understanding of the fundamentals of the history and of the principles and form of government of the United States under section 312 of the INA (8 U.S.C. 1423).

If you are interested in becoming a U.S. citizen we have created a new page with a short video, please click here.

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Filed Under: AOS Employment, AOS Family, AOS Marriage, Green Card, Green Card, N-400, Naturalization, Uncategorized

Court Extends Stay of STEM OPT Rule for Additional 90 Days

January 26, 2016 by Thomas Geygan

CourtBldgThe U.S. District Court for the District of Columbia granted DHS’s motion for limited relief from the court’s August 12, 2015, order, and ordered that vacatur of the 17-month STEM OPT extension be further stayed from its original deadline of February 12, 2016, until May 10, 2016. In its opinion, the court rejected the plaintiff’s argument that it did not have jurisdiction to grant the requested relief. The court also found that, in light of the “unexpected and unprecedented” 50,500 public comments received in response to DHS’s October 19, 2015, Notice of Proposed Rulemaking, “extraordinary circumstances” existed that warranted modifying the court’s previous order

 

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Filed Under: Employment, Employment Visas, Green Card, Reform/New Laws

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