The document summarizes requirements for employers to verify work eligibility of new hires using Form I-9 and E-Verify. It discusses immigration laws such as IRCA that require Form I-9 completion and outlines penalties for noncompliance. It also reviews updates to Form I-9, the I-9 audit process conducted by ICE, mitigating factors considered in fines, and programs like IMAGE that aim to help employers comply.
This presentation describes the various ways that the immigration process can come under audit by various administrative agencies of the U.S. Government. Specifically, the H-1B process, the I-9 Form process (IRCA) and the PERM process can all be audited by administrative agencies and employers can be found to be responsible to pay penalties for violations. This presentation was developed in connection with a program to be given by David H. Nachman, Esq. in Tokyo, Japan, on April 22nd, 2010. Please see the Visaserve Website for details . . . www.visaserve.com.
Nuts and Bolts of Filling in the New I-9 Formgueste6c2c1
Puzzled by the New I-9 Form effective April 3, 2009? This powerpoint highlights the "Nuts and Bolts" of the new Form and its List of Acceptable Documents. Join the 300 companies who have participated in the national webinar on this topic. Need follow up training and a report card on how well you are doing with your I-9s. email enorman@williamsmullen.com.
Overcoming Form I-9 challenges in staffing - Form I-9 & E-Verify Webinar Pres...I-9 Advantage
If you missed I-9 Advantage's recent webinar, you'll want to ensure you view the presentation as a helpful resource to ensuring compliance during your Form I-9 and E-Verify process.
At the end of 2015 there were two (2) important developments in the workplace enforcement arena that will be of great interest to Human Resources Managers and Professionals. First, a special memorandum or guidance was issued jointly by the Department of Homeland Security (“DHS”) and Department of Justice (“DOJ”) with regard to conducting internal I-9 audits. Second, a recent release from the Department of Homeland Security (DHS) discusses the status of a new I-9 Form that DHS has submitted for notice and comment.
This presentation describes the various ways that the immigration process can come under audit by various administrative agencies of the U.S. Government. Specifically, the H-1B process, the I-9 Form process (IRCA) and the PERM process can all be audited by administrative agencies and employers can be found to be responsible to pay penalties for violations. This presentation was developed in connection with a program to be given by David H. Nachman, Esq. in Tokyo, Japan, on April 22nd, 2010. Please see the Visaserve Website for details . . . www.visaserve.com.
Nuts and Bolts of Filling in the New I-9 Formgueste6c2c1
Puzzled by the New I-9 Form effective April 3, 2009? This powerpoint highlights the "Nuts and Bolts" of the new Form and its List of Acceptable Documents. Join the 300 companies who have participated in the national webinar on this topic. Need follow up training and a report card on how well you are doing with your I-9s. email enorman@williamsmullen.com.
Overcoming Form I-9 challenges in staffing - Form I-9 & E-Verify Webinar Pres...I-9 Advantage
If you missed I-9 Advantage's recent webinar, you'll want to ensure you view the presentation as a helpful resource to ensuring compliance during your Form I-9 and E-Verify process.
At the end of 2015 there were two (2) important developments in the workplace enforcement arena that will be of great interest to Human Resources Managers and Professionals. First, a special memorandum or guidance was issued jointly by the Department of Homeland Security (“DHS”) and Department of Justice (“DOJ”) with regard to conducting internal I-9 audits. Second, a recent release from the Department of Homeland Security (DHS) discusses the status of a new I-9 Form that DHS has submitted for notice and comment.
USDOL
FDNS
Wage and hour
H-1b public access file
postings of the LCA information
preparing for an Audit or Investigation by a government agency
I-9 form
h-1b visa petition
h-1b work visa in the U.S.
No One Size Fits All—Temporary Policies for Form I-9 and E-Verify
As employers slowly move back to hiring on-site workers and others remaining remote, the differences in policies can be confusing regarding Form I-9 and E-Verify when bringing on new hires. Onboarding remote employees is already a challenge for employers - add the global pandemic with a mix of in-office and remote hires, and things can get frustrating, confusing, and even difficult for employers to comply with rules and regulations.
In this session, we heard directly from the Department of Homeland Security about the latest updates with a focus on Form I-9 during the COVID period and the differences in policies between remote and on-premise new hires. E-Verify will also be covered in this session.
In response to the coronavirus (COVID-19) National Emergency Declaration, the United States Department of Homeland Security (DHS) announced temporary modifications to the Form I-9 Employment Eligibility Verification process, E-Verify, and enforcement actions.
This session covers the W's (Who, What, Where, When) of E-Verify. DHS takes a deeper dive into areas such as what states mandate enrollment and which federal contractors are required to use E-Verify. DHS also reviews how to enroll and create a case in E-Verify, how to run a re-hire through E-Verify, what is and how to handle a TNC (tentative non-confirmation), who/how to avoid work-related discrimination during the E-Verify case processing and many other topics. Visit smarterp.com webinars on-demand for the webinar video.
SmartERP hosted the Department of Homeland Security (DHS) for a webinar on updates to the 2018 Federal Form I-9 and E-Verify. Dave Basham from the DHS will guide you through the new requirements covering Form I-9 changes and any impacts to the companion system E-Verify. This is your chance to learn directly from the source and have your key questions and concerns answered.
Mr. Basham is a renowned authority on Form I-9 and E-Verify having conducted many speaking engagements for audiences ranging from elected officials, immigration attorneys to human resources and payroll professionals across the country. He is an Arkansas SHRM State Council Pinnacle awardee for his I-9 and E-Verify webinar series.
Form I-9 and E-Verify, getting and staying compliantGRCTS
Description:
Employers are required to complete an I-9 form for every person they hire and to update these forms when necessary. Periodically, the DHS, the Department of Labor and the Justice Department send Notices of Inspection to employers to audit their I-9 forms. If the I-9 forms are not completed correctly, an employer may be fined even if all their employees are legally authorized to work in the U.S. In fact, Congress gave the DHS authority to increase penalty thresholds by more than 200% to account for inflation. But the horizon for I-9 compliance is ever dynamic, recently the Fifth Circuit issued a decision regarding I-9 compliance that promises to have reaching impact to the employer.
Temporary Policy Changes to Form I-9 and E-Verify due to COVID-19 - Remote an...Smart ERP Solutions, Inc.
Form I-9/E-Verify updates during COVID-19 for remote and in-office hires
Description
As employers slowly move back to hiring on-site workers and others remaining remote, the differences in policies can be confusing regarding Form I-9 and E-Verify when bringing on new hires. Onboarding remote employees is already a challenge for employers - add the global pandemic with a mix of in-office and remote hires, and things can get frustrating, confusing, and even difficult for employers to comply with rules and regulations.
In this session, we heard directly from the Department of Homeland Security about all the updates for Form I-9 and E-Verify during the COVID period and the differences in policies between remote and on-premise new hires.
In response to the coronavirus (COVID-19) National Emergency Declaration, the United States Department of Homeland Security (DHS) announced temporary modifications to the Form I-9 Employment Eligibility Verification process, E-Verify, and enforcement actions.
October 1st marks the beginning of the “onboarding” of new H-1B employees at many companies throughout the United States. Winning the lottery and having H-1B Petitions approved by United States Citizenship and Immigration Services (USCIS) were just two initial steps involved in the hiring and retaining process of talented foreign nationals in the United States. Carefully onboarding the H-1B employee is as crucial as selecting, hiring and bringing them into the United States (or assisting in changing their nonimmigrant status in the United States). This article briefly addresses few very basic but very important topics that HR Managers, HR Professionals and Business Owners should be aware of, and religiously comply with, in order to avoid potential pitfalls pertaining to the onboarding of new H-1B employees.
The New Aggressive Face of DHS - Verifying Petitions and Applications. H-1B Visa Site Visits and Investigations. Wage and Hour Investigations. Interrogations at the Port-of-Entry.
Ready for the New Form I-9? A Step-by-Step Guide to 100% I-9 Compliance in 2017Snag
New year, new Form I-9. Given the big jump in fines that took effect in August for mistakes/omissions on Form I-9, the deadline to comply and use the new version is more important than ever.
Even first offense mistakes on an employment verification form can cost you anywhere from $178 to $4,313 per violation … not to mention the brand damage, loss of workforce and increase in operating costs that come along with it.
Check out our “Ready for the New Form I-9?” webinar presentation, featuring our Form I-9 subject matter expert with U.S. Citizenship and Immigration Services, Dave Basham, to:
-- Understand all of the new blocks added to the Form I-9 and how that affects your current hiring process
-- Learn the differences between the paper copy, the “fillable” PDF version and the version used with talent management software
-- Get USCIS’ insider best practices to decrease your time-to-hire and avoid common Form I-9 mistakes
-- Find out must-know tips to avoid getting “in the weeds” with your company-wide I-9 compliance process
New Form I-9 Changes—Here's what you need to know before Sept. 18, 2017 | Sna...Snag
Join Snagajob's free webinar with U.S. Immigration Law and Compliance attorney Curtis Y. Chow to find out what's changed on the new Form I-9 and what today's HR leaders should do now to prepare for the Sept. 17 deadline.
To watch the on-demand recording of this webinar on Snagajob's website, click here: https://goo.gl/vVyzu1
Every year at about this time, U.S. Employers approach the Immigration and Nationality Lawyers and Immigration Attorneys at the NPZ Law Group often asking us for the reasons why they should consider doing the H-1B visa. Here are the TOP TEN REASONS we give to them. David Letterman, eat your heart out . . .
On March 8th, 2013 The U.S. Citizenship and Immigration Services (USCIS) published a revised Employment Eligibility Verification Form I-9. All employers are required to complete a Form I-9 for each employee hired in the United States.
Improvements to Form I-9 include new fields, reformatting to reduce errors, and clearer instructions to both employees and employers. The Department of Homeland Security has published a Notice in the Federal Register informing employers of the new Form I-9.
Effective 03/08/13 employers:
Should begin using the newly revised Form I-9 (Rev. 03/08/13)N for all new hires and reverifications.
May continue to use previously accepted revisions (Rev.02/02/09)N and (Rev. 08/07/09) Y until May 7, 2013.
Will have a 60-day grace period, until May 7, 2013 to comply by using the new form.
After May 7, 2013, employers must only use Form I-9 (Rev. 03/08/13)N.
Should not complete a new Form I-9 for current employees if a properly completed Form I-9 is already on file.
Presentation on Compliance and E-Verify to local HR group, "Get Your Facts and Files In Order" as of April 14, 2009 - - Updates on I-9, compliance files and E-Verify
USDOL
FDNS
Wage and hour
H-1b public access file
postings of the LCA information
preparing for an Audit or Investigation by a government agency
I-9 form
h-1b visa petition
h-1b work visa in the U.S.
No One Size Fits All—Temporary Policies for Form I-9 and E-Verify
As employers slowly move back to hiring on-site workers and others remaining remote, the differences in policies can be confusing regarding Form I-9 and E-Verify when bringing on new hires. Onboarding remote employees is already a challenge for employers - add the global pandemic with a mix of in-office and remote hires, and things can get frustrating, confusing, and even difficult for employers to comply with rules and regulations.
In this session, we heard directly from the Department of Homeland Security about the latest updates with a focus on Form I-9 during the COVID period and the differences in policies between remote and on-premise new hires. E-Verify will also be covered in this session.
In response to the coronavirus (COVID-19) National Emergency Declaration, the United States Department of Homeland Security (DHS) announced temporary modifications to the Form I-9 Employment Eligibility Verification process, E-Verify, and enforcement actions.
This session covers the W's (Who, What, Where, When) of E-Verify. DHS takes a deeper dive into areas such as what states mandate enrollment and which federal contractors are required to use E-Verify. DHS also reviews how to enroll and create a case in E-Verify, how to run a re-hire through E-Verify, what is and how to handle a TNC (tentative non-confirmation), who/how to avoid work-related discrimination during the E-Verify case processing and many other topics. Visit smarterp.com webinars on-demand for the webinar video.
SmartERP hosted the Department of Homeland Security (DHS) for a webinar on updates to the 2018 Federal Form I-9 and E-Verify. Dave Basham from the DHS will guide you through the new requirements covering Form I-9 changes and any impacts to the companion system E-Verify. This is your chance to learn directly from the source and have your key questions and concerns answered.
Mr. Basham is a renowned authority on Form I-9 and E-Verify having conducted many speaking engagements for audiences ranging from elected officials, immigration attorneys to human resources and payroll professionals across the country. He is an Arkansas SHRM State Council Pinnacle awardee for his I-9 and E-Verify webinar series.
Form I-9 and E-Verify, getting and staying compliantGRCTS
Description:
Employers are required to complete an I-9 form for every person they hire and to update these forms when necessary. Periodically, the DHS, the Department of Labor and the Justice Department send Notices of Inspection to employers to audit their I-9 forms. If the I-9 forms are not completed correctly, an employer may be fined even if all their employees are legally authorized to work in the U.S. In fact, Congress gave the DHS authority to increase penalty thresholds by more than 200% to account for inflation. But the horizon for I-9 compliance is ever dynamic, recently the Fifth Circuit issued a decision regarding I-9 compliance that promises to have reaching impact to the employer.
Temporary Policy Changes to Form I-9 and E-Verify due to COVID-19 - Remote an...Smart ERP Solutions, Inc.
Form I-9/E-Verify updates during COVID-19 for remote and in-office hires
Description
As employers slowly move back to hiring on-site workers and others remaining remote, the differences in policies can be confusing regarding Form I-9 and E-Verify when bringing on new hires. Onboarding remote employees is already a challenge for employers - add the global pandemic with a mix of in-office and remote hires, and things can get frustrating, confusing, and even difficult for employers to comply with rules and regulations.
In this session, we heard directly from the Department of Homeland Security about all the updates for Form I-9 and E-Verify during the COVID period and the differences in policies between remote and on-premise new hires.
In response to the coronavirus (COVID-19) National Emergency Declaration, the United States Department of Homeland Security (DHS) announced temporary modifications to the Form I-9 Employment Eligibility Verification process, E-Verify, and enforcement actions.
October 1st marks the beginning of the “onboarding” of new H-1B employees at many companies throughout the United States. Winning the lottery and having H-1B Petitions approved by United States Citizenship and Immigration Services (USCIS) were just two initial steps involved in the hiring and retaining process of talented foreign nationals in the United States. Carefully onboarding the H-1B employee is as crucial as selecting, hiring and bringing them into the United States (or assisting in changing their nonimmigrant status in the United States). This article briefly addresses few very basic but very important topics that HR Managers, HR Professionals and Business Owners should be aware of, and religiously comply with, in order to avoid potential pitfalls pertaining to the onboarding of new H-1B employees.
The New Aggressive Face of DHS - Verifying Petitions and Applications. H-1B Visa Site Visits and Investigations. Wage and Hour Investigations. Interrogations at the Port-of-Entry.
Ready for the New Form I-9? A Step-by-Step Guide to 100% I-9 Compliance in 2017Snag
New year, new Form I-9. Given the big jump in fines that took effect in August for mistakes/omissions on Form I-9, the deadline to comply and use the new version is more important than ever.
Even first offense mistakes on an employment verification form can cost you anywhere from $178 to $4,313 per violation … not to mention the brand damage, loss of workforce and increase in operating costs that come along with it.
Check out our “Ready for the New Form I-9?” webinar presentation, featuring our Form I-9 subject matter expert with U.S. Citizenship and Immigration Services, Dave Basham, to:
-- Understand all of the new blocks added to the Form I-9 and how that affects your current hiring process
-- Learn the differences between the paper copy, the “fillable” PDF version and the version used with talent management software
-- Get USCIS’ insider best practices to decrease your time-to-hire and avoid common Form I-9 mistakes
-- Find out must-know tips to avoid getting “in the weeds” with your company-wide I-9 compliance process
New Form I-9 Changes—Here's what you need to know before Sept. 18, 2017 | Sna...Snag
Join Snagajob's free webinar with U.S. Immigration Law and Compliance attorney Curtis Y. Chow to find out what's changed on the new Form I-9 and what today's HR leaders should do now to prepare for the Sept. 17 deadline.
To watch the on-demand recording of this webinar on Snagajob's website, click here: https://goo.gl/vVyzu1
Every year at about this time, U.S. Employers approach the Immigration and Nationality Lawyers and Immigration Attorneys at the NPZ Law Group often asking us for the reasons why they should consider doing the H-1B visa. Here are the TOP TEN REASONS we give to them. David Letterman, eat your heart out . . .
On March 8th, 2013 The U.S. Citizenship and Immigration Services (USCIS) published a revised Employment Eligibility Verification Form I-9. All employers are required to complete a Form I-9 for each employee hired in the United States.
Improvements to Form I-9 include new fields, reformatting to reduce errors, and clearer instructions to both employees and employers. The Department of Homeland Security has published a Notice in the Federal Register informing employers of the new Form I-9.
Effective 03/08/13 employers:
Should begin using the newly revised Form I-9 (Rev. 03/08/13)N for all new hires and reverifications.
May continue to use previously accepted revisions (Rev.02/02/09)N and (Rev. 08/07/09) Y until May 7, 2013.
Will have a 60-day grace period, until May 7, 2013 to comply by using the new form.
After May 7, 2013, employers must only use Form I-9 (Rev. 03/08/13)N.
Should not complete a new Form I-9 for current employees if a properly completed Form I-9 is already on file.
Presentation on Compliance and E-Verify to local HR group, "Get Your Facts and Files In Order" as of April 14, 2009 - - Updates on I-9, compliance files and E-Verify
I-9 Compliance is often overlooked by many companies hiring foreign workers. It is important to keep in compliance of this legal requirement. Watch this slide-show to know WHY and HOW!
Immigration Crackdown: Increased I-9 Enforcement Calls for Immediate Steps by...ComplyRight, Inc.
These I-9 compliance audit steps ensure your records are ready for an ICE investigation. The ideas from this webinar can protect your rights & your business.
What employers need to know, no matter how small they are, about employer compliance and work-site enforcement in order to try and prevent any wrongdoing and a possible raid.
Human Resource & Payroll Services And Solutions - Houston, Dallas, Austin - Texas www.hrp.net. The latest version of the Form I-9 was released on March 8. While there is some leeway, use of the new forms will soon be mandatory. Keep reading to find out about the changes and reminders of your responsibilities.
Ruth Silver Taube, Supervising Attorney. Katharine & George Alexander Community Law Center. Special Counsel. Legal Aid at Work. In collaboration with the Office of Immigrant Relations and The Rapid Response Network.
Who is responsible for completing the I-9 employment verification form What i...pdxsigning
The I-9 form, also known as the Employment Eligibility Verification form, is a document needed for all new recruits by the United States Citizenship and Immigration Services (USCIS). The form is used to verify new employees' identities and job eligibility in the United States. This post will go through who fills out the I-9 form and what must be given with it.
On July 24, 2019, U.S. Citizenship and Immigration Services (USCIS) published a FINAL rule that will make significant changes to the EB-5 Immigrant Investor Program; the rule will go into effect on Nov. 21, 2019. This is noted to be the first significant revision to the program’s regulations since 1993. Some of these revisions include:
Kendi ülkenize dönmekten korkuyor musunuz? Öyleyse, İltica başvurusunda bulunabilirsiniz. Çıkarma sürecinde iseniz, iltica başvurusunun farklı olduğunu unutmayın. Bu makalede, iltica talebinde bulunmayanlar için iltica başvurusunda bulunmayı açıklayacağız. Sığınma için uygunluk, ırk, din, milliyet, politik görüş ya da belirli bir sosyal gruba üyeliğiniz nedeniyle geçmişte yaşadığınız bir zulme veya gelecekte yaşayabileceğiniz zulüm korkusuna dayanmaktadır. Bu korku size özel olmalıdır. Kendi ülkenizin genellikle güvensiz olması yeterli değildir; Neden özellikle sizin için güvensiz olduğunu açıklayabilmelisiniz.
H-1B visas are granted to those who meet specific qualifications. The required qualifications include that the applicant have at least a bachelor’s degree from a U.S. institution and have a job offer from a U.S. employer that requires the H-1B Candidate to hold at least a bachelor’s degree.
Certain Israeli nationals who are lawfully present in the United States will soon be able to request a change of status to the E-2 treaty investor classification. Beginning May 1,
Last year USCIS announced earlier that it received approximately 190,098 H-1B petitions for the fiscal year 2018. Once the lottery (also referred as “random selection process”) has been completed USCIS starts to send receipt notices.
In the first week of April during the last several years the U.S. Citizenship and Immigration Services (“USCIS”) announced that it has received a sufficient number of H-1B petitions to reach the statutory cap, both regular and master’s.
Many F-1 visa holders, particularly those who are engaged in OPT change their immigration status to become professional and specialty workers (H-1B workers). The H-1B cap is the Congressionally-mandated limit on the number of individuals who may be granted H-1B status during each fiscal year.
The first day a new H-1B case can be filed is Monday, April 1, 2019. The law requires that the government keep the filing window open until Friday, April 5, 2019. As such, it is imperative that all new H-1B cases are filed no earlier than April 1, 2019 and no later than April 5, 2019.
The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the “INA” or the “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the local prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor (“DOL”) before the foreign national may obtain an H-1B visa. The Act defines a “specialty occupation” as an occupation requiring the application of highly-specialized knowledge and the attainment of a bachelor’s degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application (“LCA”) from the DOL.
The Canadian Parliament recently announced that it was going to add more than one million new permanent residents in next three years (2019-2021). It is foreseeable that more than half of the new permanent residents will arrive on one of the three economic programs in the Express Entry program – the Federal Skilled Worker (“FSW”) Class, the Federal Skilled Trades (“FST”) Class, and the Canadian Experience (“CE”) Class. The Provincial Nomination Program (“PNP”) is also expected receive a great deal of additional applicants in the coming years.
Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which the H-1B will be employed, and the wage rate and conditions under which the proposed H-1B nonimmigrant will be employed.
As a reminder to all U.S. employers, H-1B season is almost here! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for the next Fiscal Year on Monday, April 1st, 2019. As such, employers should start immediately identifying current and future employees who will require sponsorship for new Cap-subject H-1B nonimmigrant work visa petitions.
David Nachman, Esq., Managing Attorney at NPZ Law Group, says “for the new year there are some really big changes “on the cusp” for the H-1B Visa Lottery program”. The US and Canada Immigration and Nationality Lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group continue to closely monitor the changes.
Government attorneys across the country are submitting requests to re-calendar previously administratively closed immigration cases. What does this mean for the immigration court system, and what does this mean for you?
First of all, what is administrative closure? Immigration Judges for decades have administratively closed, or indefinitely postponed cases in Immigration Court. Another form of administrative closure is also called
Let one of America’s premier Immigration and Naturalization Law Firms guide you through the EB-5 Investor VISA process. NPZ Law Group continues to maintain a solid reputation for being able to tackle difficult cases and has a very successful track record in the US for dealing with the EB-5 process. We continue to service EB-5 clients from start to finish.
Many H-1B visa holders could you find themselves facing deportation proceedings if their application for a visa extension or change of status have been rejected...
The Trump administration has empowered officials to outright reject visa applications under certain circumstances. This step
can be taken if the required ‘initial evidence’ wasn’t submitted or it failed to establish eligibility for the visa sought. The revised
policy will apply to all applications and requests received by the authorities from September 11 onwards.
U.S. AND CANADA IMMIGRATION LAW NEWS AND UPDATES US Immigration and Family Separation, DENIALS OF RFEs and NOIDS - NEW SEPTEMBER 11TH RULE, LIFTING CONDITIONS ON RESIDENCE - I-751, DHS Enforcement Priorities, End of Credible Fear Interviews etc. httpsconta.cc2NWfxPo
What to do about getting 2 years conditional permanent resident status when there is divorce or divorce case is still pending?
You can file Form I-751 at "any time" if you have a final order of divorce or annulment. That's true even if your conditional green card is not close to its expiration date. But what happens if you haven't yet filed for divorce or your divorce is not yet final?
Employment-Based Preference Categories
EB-1 China and EB-1 India remain steady at January 1, 2012, and DOS anticipates this date will hold for the remainder of the fiscal year. It is hoped that these categories will become current again on October 1, 2018, but demand trends will be monitored over the summer. If USCIS District Offices are not interviewing EB-1 China and EB-1 India applicants with priority dates beyond the established final action date, DOS may not have clear visibility into total demand. If there is a surge in demand for these categories beginning in October, it could cause a final action date to be imposed more quickly in the fiscal year than otherwise anticipated.
DOS expects that a final action date for EB-1 Worldwide will be imposed either in August or September, but notes that the category will return to current in October.
More from Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. (20)
31052024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
01062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
03062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
El Puerto de Algeciras continúa un año más como el más eficiente del continente europeo y vuelve a situarse en el “top ten” mundial, según el informe The Container Port Performance Index 2023 (CPPI), elaborado por el Banco Mundial y la consultora S&P Global.
El informe CPPI utiliza dos enfoques metodológicos diferentes para calcular la clasificación del índice: uno administrativo o técnico y otro estadístico, basado en análisis factorial (FA). Según los autores, esta dualidad pretende asegurar una clasificación que refleje con precisión el rendimiento real del puerto, a la vez que sea estadísticamente sólida. En esta edición del informe CPPI 2023, se han empleado los mismos enfoques metodológicos y se ha aplicado un método de agregación de clasificaciones para combinar los resultados de ambos enfoques y obtener una clasificación agregada.
An astonishing, first-of-its-kind, report by the NYT assessing damage in Ukraine. Even if the war ends tomorrow, in many places there will be nothing to go back to.
‘वोटर्स विल मस्ट प्रीवेल’ (मतदाताओं को जीतना होगा) अभियान द्वारा जारी हेल्पलाइन नंबर, 4 जून को सुबह 7 बजे से दोपहर 12 बजे तक मतगणना प्रक्रिया में कहीं भी किसी भी तरह के उल्लंघन की रिपोर्ट करने के लिए खुला रहेगा।
CIR and I-9 Employment Eligibility Verification Compliance
1. CIR and I-9 EmploymentCIR and I-9 Employment
Eligibility VerificationEligibility Verification
ComplianceCompliance
Presented by:Presented by:
David H. Nachman, Esq.David H. Nachman, Esq.
Nachman, Phulwani, Zimovcak Law Group, P.C.Nachman, Phulwani, Zimovcak Law Group, P.C.
2. Immigration Reform and Control
Act of 1986 (“IRCA”)
11/6/1986
Requires that all employers complete
Employment Eligibility Form (I-9) for newly
hired employees.
Designed to control the problem of illegal
immigration
3. IRCA’s Provisions
New Employee must provide documents reflecting:
He/She is eligible to work
Identity must match work eligibility documents
Sanctions for paperwork violations and document abuse.
Sanctions for knowingly hiring or retaining unauthorized
workers.
Created the OSC to enforce anti-discrimination provision of the
INA.
4. Changes After IRCA 1990 -1996
Immigration Act of 1990 (“IMMACT 90”).
Document Fraud Provisions against Employers.
Bono Amendment and the “Good Faith
Defense” for Employers.
Illegal Immigration Reform And Immigrant
Responsibility Act (“IIRAIRA”).
5. Changes After IRCA
1997 – Interim Rule Reducing the Number of
Documents for I-9 Form:
Certificate of U.S. Citizenship (item #2)
Certificate of Naturalization (item #3)
Reentry Permit (item #8)
Refugee Travel Document (item #9)
2007 – Rebranded and New I-9 Form reflecting the
changes from 1997.
Version update – 8/7/2009
New Version to be implemented – 5/7/2013
6. Updates In 2009
Expired Documents are no longer acceptable for
initial verifications.
Section 1: Separate boxes for U.S. nationals and
U.S. Citizens (4 boxes instead of 3).
Old Temporary Resident Cards and Employment
Authorization Cards were no longer acceptable.
Added Acceptable Documents to List A:
U.S. Passport card
Passport from Federated States of
Micronesia
Passport from Republic of the Marshall
Islands
7. RECENT UPDATES: The New Two
Page I-9 Form
In March 2012, proposed new I-9 form was
published for public comment
2 page long New I-9 Form takes 35 minutes to
complete as per USCIS
Still uncertain when the New I-9 Form will be in
effect on May 7, 2013 pr the Federal Register.
8. Why do we need a new I-9?
Increasing worksite enforcement and fines for
minor mistakes
Employer and Employee Confusion
Lots of external guidance, which was often
inconsistent (and still is).
10. Section 1 Employee Information
Proposed Changes:
Changes to Last and First Name Fields
Maiden name has become “Other Names”
SSN boxes
Email address and telephone number
Note: DOB… M, D, Y order.
11. Section 1 Attestation
Proposed Changes:
“USCIS Number” mentioned in instructions
Foreign Passport Information
More defined signature box
3-D Barcode – What’s that?
12. Section 1 Preparer/Translator
Important Noticeable Points:
When to complete?
How are electronic I-9s impacted?
Employee page only – Employer does second
page.
13. Section 2 Employer Review
Employee name moved below
section 2 instruction – required field
and another potential error field.
Instructions to prevent over-documentation
Barcode – What’s that
List A “third document” fields added – HR
requires training for nonimmigrant verification
14. Section 2 Certification
Important Noticeable Points:
Attestation is numbered – Delineates obligations of the employer.
Employee’s “first day of employment” is more visible
Separate employer address fields
Note: M, D, Y order.
15. Section 3 Reverification & Rehires
Important Noticeable Points:
No longer for updating?
Still no place for issuing authority
New “Print Name” field
Notary should use name of Employer.
17. Employer SanctionsEmployer Sanctions
Employing Unauthorized Aliens:Employing Unauthorized Aliens:
$250-$10,000 per alien.$250-$10,000 per alien.
Improperly Completed, Retained or Missing Forms:Improperly Completed, Retained or Missing Forms:
$100-$1,000 per employee.$100-$1,000 per employee.
Knowingly Hiring or Continuing to Employ Unauthorized Alien:Knowingly Hiring or Continuing to Employ Unauthorized Alien:
Up to $3,000 per unauthorized alien.Up to $3,000 per unauthorized alien.
Imprisonment (if convicted).Imprisonment (if convicted).
Participating in Document Fraud:Participating in Document Fraud:
11stst
offense: $250-$2,000.offense: $250-$2,000.
Additional offenses: $2,000-$5,000.Additional offenses: $2,000-$5,000.
Discrimination:Discrimination:
$250-$2,000 - $10,000 per individual.$250-$2,000 - $10,000 per individual.
Requesting Specific Documentation:Requesting Specific Documentation:
$100-$1,000 per individual.$100-$1,000 per individual.
18. Internal AuditsInternal Audits
Missing or deficient I-9 Forms discovered duringMissing or deficient I-9 Forms discovered during
an audit.an audit.
Missing I-9’s - complete one immediately andMissing I-9’s - complete one immediately and
attach an explanatory note for your records.attach an explanatory note for your records.
Deficient I-9’s - immediately correct andDeficient I-9’s - immediately correct and
initial/date any changes.initial/date any changes.
Termination of employees who cannot provideTermination of employees who cannot provide
valid documents to avoid “knowing hire” orvalid documents to avoid “knowing hire” or
“knowing retention” violations.“knowing retention” violations.
Exemptions from I-9 requirement.Exemptions from I-9 requirement.
19. Recent EnforcementRecent Enforcement
July 2009 - ICE announced and changed its
“Worksite Enforcement” policy.
Since that time, there has been an increase in
Notices of Inspection (NOIs). In July, 654 NOIs
were issued, and an additional 1,000 businesses
were served with NOIs in November 2009.
in October of 2009, an internal ICE
memorandum was released outlining ICE’s
worksite policy that reinforced its commitment
to levy civil fines against employers, while also
“re-focusing efforts to develop criminal cases
against employers who hire and use illegal
workers.”
20. New Enforcement Methodology of the ICE
Protocols and Procedures
No More Raids: “Today’s enforcement action is
part of a multi-phased approach utilized by ICE
to ensure that employers are held accountable
for maintaining a legal workforce.” – Baltimore Special Agent in
Charge William Winter
Employers will likely now see:
Worksite enforcement actions targeting allegedly
“egregious bad faith actors”
Forensic auditors scrutinizing Form I-9s
21. Mergers and Acquisitions
If a business is acquired by another, the new
employer must obtain the I-9’s of the acquired
entity and will be held responsible for any
deficient forms.
New I-9 Forms do not have to be completed.
If employer chooses to do I-9’s be sure to use
NEW I-9 Form.
22. Contract Employees
Companies are not required to maintain I-9’s for
contract employees.
The contractor is responsible for completing Form I-9’s
for its own employees.
Employers must not contract labor to avoid directly
hiring unauthorized aliens
Knowingly using a contractor that employs
unauthorized aliens will result in employer sanctions.
23. Notice of Inspection (NOI)
The Notice of Inspection arrives in person
(along with an administrative subpoena),
generally via Special
Agents from ICE, served on a company
representative.
Employers are given 3 days to provide I-9s for
inspection by ICE (Call your lawyer!)
There have been approximately 3,000 audits
initiated this year alone.
Specific practices vary from office to office, and
sometimes even from agent/auditor to
agent/auditor.
24. In November 2009, ICE provided partial
statistics on the 654 July NOIs:
ICE agents reviewed more than 85,000 Form I-9s
and identified more than 14,000 suspect
documents - approximately 16 percent of the total
number reviewed.
To date, 61 Notices of Intent to Fine (NOIFs) have
been issued, resulting in $2,310,255 in fines.
267 cases are currently being considered for NOIFs.
ICE closed 326 cases after businesses were found
to be in compliance with employment laws or after
businesses were served with a Warning Notice in
expectation of future compliance.
25. Investigative Interviews to discuss I-9 Audit
with ICE, Forensic Auditor and Employer
The most frequently asked questions include:
Who are the owners of the company?
Who has the authority to hire and fire employees?
Who has the authority to complete the I-9 form?
What are the names and titles of all such individuals?
What is the hiring process?
At what point in the hiring process does HR complete the I-9 form?
Has HR had any training to determine if the document is fraudulent?
What type of training, if any, does HR receive in regard to completing the I-9?
How does the company recruit its workers?
Does the company have any independent contractors on staff?
Does the company ever use any staffing agencies?
Does the company participate in the H-2B or any other non-immigrant visa
program?
How are the identity and verification documents recorded?
How are the identity and verification documents kept?
What does the company do with the I-9 form after an employee is terminated?
Does the company have a compliance program?
Does the company use translators in the I-9 process?
Who generally serves as the translator?
Does the company use E-Verify? And if not, why not?
26. Next Steps in the I-9 Investigation
ICE notifies the employer of any technical or procedural violations by issuing
a “Notice of Technical Violations,” providing a 10-day opportunity for the
employer to correct the errors.
In cases that warrant such action, ICE may also issue a “Notice of Suspect
Documents” listing certain employees where it is unclear if they are
unauthorized to work.
Employers are then provided with time to contact the listed employees and
have them provide additional, and alternative, evidence of work eligibility.
Without such proof the employer must terminate employment.
How much time provided to employees to review and respond to the Notice
varies.
In other cases, ICE can move forward immediately with issuing a Notice of
Unauthorized Aliens.
Even with a final notice
such as this, companies should carefully review the listing for errors on the
27. Final Notices from ICE
If a review of the I-9 files reveals that the
employer has small violations, but the company
is generally in compliance (and ICE expects
continued compliance in the future) ICE may
simply issue a “Warning Notice” to the
employer.
If there is a serious I-9 violation, a pattern of
noncompliance, or the employer fails to correct
its technical violations, ICE can draft a Notice of
Intent to Fine (NOIF) to the employer.
28. The Role E-Verify Plays in an I-9
Audit/Investigation by ICE
ICE has been “encouraging” employers to enroll
in E-Verify by using language such as:
“If the company doesn’t agree to use E-Verify, then
it will likely be assigned fines during its next I-9
audit,” or
“E-Verify will eliminate the possibility of hiring of
any criminal aliens.”
E-Verify is clearly a critical best practice and
certainly the most advanced tool available to
employers today.
29. USCIS E-Verify Program
“Voluntary” program for US Employers.
Partnership between the Department of
Homeland Security (DHS) and Social Security
Administration (SSA).
Provides a means for participating employers to
verify the employment eligibility status of
newly-hired employees.
30. What is E-Verify?
The E-Verify system, formerly known as the
Basic Pilot/Employment Eligibility Verification
Program, is an internet-based system operated
by DHS (CIS) in partnership with SSA that allows
participating employers to electronically verify
the employment eligibility of their newly hired
employees.
31. Federal Contractors and E-Verify:
The proposed EFFECTIVE DATE of the FINAL RULE for
the E-Verify Registration for Federal Contractors was
January 15th
, 2009.
Requires that all Federal Contractors, unless exempt,
register and use the E-Verify System.
E-Verify use for Federal Contractors has its genesis in
Executive Order 13465 promulgated by President
Clinton in 1996 (February 1996).
Executive Order 13456 promulgated by President Bush
further supported Clinton’s Executive Order.
32. Enrollment in E-Verify
(1) Enroll as a Federal Contractor in the E-Verify
program within 30 calendar days of the contract
award, if not already in E-Verify; and
(a) Within 90 calendar days of enrollment in the E-
Verify program, begin to use E-Verify to initiate
verification of employment eligibility of all new hires of
the Contractor, who are working in the U.S., whether
or not assigned to the contract (and within 3 business
days after the date of hire); and
(b) For each employee assigned to the contract, initiate
verification within 90 calendar days after the date of
enrollment or within 30 calendar days of the
employee's assignment to the contract, whichever
date is later.
33. Once in E-Verify:
Federal Contractor at the time of the contract
award, shall use E-Verify to initiate verification
of employment eligibility of:
ALL NEW EMPLOYEES
EMPLOYEES ASSIGNED TO THE CONTRACT
34. E-verify and Paper I-9s
E-verify does not replace the need to do a paper
I-9. It is simply and electronic way for the
employer to verify what is on the form I-9.
The I-9’s still have to be retained.
E-Verify as one component of prospective
Comprehensive Immigration Reform.
35. I-9 Retention
Forms must be retained for:
One year following an employee’s termination.
Three years from the employee’s date of hire.
WHICHEVER IS LATER!
36. Mitigation Factors
The following are mitigating factors that are
taken into account by ICE and other regulatory
agencies when determining the fines in
connection with I-9 Audits/Investigations:
Size of Business
Acting in good faith
That the violations are non-serious.
That there is no history of previous violations.
That none of the counts involved aliens who are
unauthorized to be employed in the United States.
37. The Good Faith Defense and What
Employers Need to Know
Under the Bono Amendment, employers that are
found to have committed certain omissions or failures
in the I-9 procedures will not be subject to a fine, but
will be given notice of the “technical” violations, and
will be granted 10 days to cure the deficiencies.
Subsequently, in 1997, then-INS General Counsel Paul
Virtue issued a memorandum that outlined the
agency’s position regarding which violations were
“substantive” and which were “technical or procedural
The following year, INS published a proposed
regulation which defined “substantive” versus
“technical violations,” largely following the Virtue
Memorandum
38. Substantive vs. Technical Violations
It has been determined that verification failures that
are NOT “technical or procedural” include the
following:
Failure of the person or entity to:
Prepare or present the Form I-9;
Complete Section One of the Form I-9;
Complete Section Two of the Form I-9;
Complete Section Three of the Form I-9.
An employer who is provided with at least ten business
days to correct technical or procedural failures after
notification of such failures and corrects the failures
within the designated time period is deemed to have
complied with the requirements of section 274A(b) of
the Act.
39. Observations
Requests for copies of immigration filings are being made to USCIS during
the audit/investigation process.
There are disagreements regarding the definition of technical and
substantive I-9 violations.
ICE Mutual Agreement Between Government and Employers (IMAGE)
program has amended the protocols to include 6 instead of 10.
More training is being offered to companies by IMAGE and ICE agents in
general.
There is more cooperation among government agencies, including data
sharing agreements.
ICE is developing more detailed training programs for the forensic auditors
as well as their Special Agents.
No streamlined guidance regarding audit protocols for Electronic I-9s.
40. ICE’s IMAGE Program
To enroll in IMAGE, Employers must submit an
application to ICE.
The application process includes the following:
Self Assessment.
Form I-9 Review by ICE (NOT an audit).
SSNVS Review of ALL employees.
Note: ICE’s IMAGE program requires that employers verify ALL
employees with E-Verify (Basic Pilot).
41. IMAGE con’t.
10 Steps of IMAGE:
Enroll in E-Verify.
Anti-Discrimination Awareness Training.
I-9 Training for Hiring Staff.
Independent Dual Review of I-9 Forms.
Resolution of SSA No Match Letters.
Implementation of Internal Tip Line (encourage employees to inform
employers of what is going on inside the company).
Self-Reporting Procedure to Disclose Any Deficiencies to ICE.
Annual Independent I-9 Process Audit.
Encourage Contactors and Business Partners to Implement the Same
Programs.
Annual Report to ICE with results of program participation.
42. Advice to Employers
Administrative audits are clearly the tool of choice and
employers can expect them to continue to increase in
numbers and gain momentum in terms of impact and
expense. With a likely push towards an integration of
the Form I-9 and E-Verify, along with the increased use
of electronic I-9s, additional monitoring of the E-Verify
system, and a better-trained and focused core of ICE
agents, employers need to consider the importance of
proactive compliance planning and training. Although
the government’s mechanisms will continue to change,
it is expected that the focus on audits will become
even more critical over time.
43. Any Questions?Any Questions?
Feel free to contact David H. Nachman, Esq.Feel free to contact David H. Nachman, Esq.
for more information at: 201-670-0006for more information at: 201-670-0006
x100x100
info@visaserve.cominfo@visaserve.com
Or visit us on the web at:Or visit us on the web at:
www.visaserve.comwww.visaserve.com