On January 1, 2015, E-Verify will delete all transactions more than 10 years old from their system.Accordingly, as of January 1, 2015, E-Verify users will no longer have access to E-Verify cases created prior to December 31, 2004.Employers that would like to retain a record of cases more than 10 years old should download the new Historic Records Report, which will include all transactions for cases over 10 years old created prior to December 31, 2004.
Articles Discussing Employing Immigrants.
U.S. Citizenship and Immigration Services Reveals “myE-Verify”
On October 6, 2014, U.S. Citizenship and Immigration Services (USCIS) announced the launch of its “myE-Verify” website. According to USCIS, myE-Verify is “a one-stop shop for employees to create and maintain secure personal accounts and access new features for identity protection” and “signifies a significant step forward for added transparency, features, and identity protection” related to E-Verify.
Immigration Law Does Not Preempt State Wage and Hour Claims, Says Court
In case there was any question, an Indiana staffing company, Access Therapies, learned late last month that the Immigration and Nationality Act (INA) does not absolve employers of their responsibilities under state wage and hour laws. The Southern District of Indiana denied Access Therapies’ motion to dismiss a counterclaims filed by a Philippine citizen who had signed several agreements and promissory notes with the company in return for its sponsorship of his H-1B petition.
Republicans Fail on Effort to Prevent President Obama from Taking Executive Action on Immigration After Mid-Term Elections in November 2014
On September 18, 2014, the Senate voted on a Republican-led measure to prohibit President Barack Obama from unilaterally granting deportation relief to any undocumented immigrant.
Lesser Known DOL Regulations: “Bona Fide” Terminations for H-1B Workers
It probably falls into the category of cult classic, but one of my favorite movies is 2000’s “O Brother, Where Art Thou?” starring George Clooney. To me, it is the Coen brothers at their finest. Loosely based on Homer’s “Odyssey,” the movie follows Everett McGill (Clooney) and his companions Delmar and Pete in 1930s Mississippi. At one point later in the movie, Everett finds his ex-wife and their kids. His daughter explains that her mom’s new beau is “bona fide:”
U.S. State Department Updates Information Regarding Delays in Visa and Passport Processing
The U.S. Department of State (DOS) has published updated information regarding the performance issues with the Consular Consolidated Database (CCD). As discussed in our July 24, 2014 Alert, a computer glitch caused the CCD to crash, resulting in world-wide delays in visa and passport processing. The DOS has stated that it has made significant progress and has eliminated most of the worldwide backlog of nonimmigrant visa cases. It will continue to prioritize immigrant visas, adoption cases and emergency nonimmigrant visas. According to the DOS, visa applicants may still experience delays of up to a week in addition to normal processing times.
Department of State Technical Problems May Delay Issuance of Visas
The Department of State (“DOS”) has announced that it has been experiencing technical operational issues with its visa issuance system. The issues affect DOS’ ability to print nonimmigrant visas, commonly known as visa stamps. The issues began on July 20 and, as of July 31, have impacted about half of the individuals seeking nonimmigrant visas abroad. From July 20 through July 28, slightly more than 220,000 nonimmigrant visas were issued globally. DOS stated that it normally issues closer to 425,000 nonimmigrant visas for the same time frame. The issues appear to impact all U.S. Embassies and Consular posts worldwide.
USCIS Policy Memo Provides Guidance on use of H-1B Petitions for Nursing Positions
According to the American Association of Colleges of Nursing, the United States is projected to experience a nurse shortage as a generation of Americans age and the need for healthcare increases. This shortage in nurses could potentially be a problem for healthcare employers, but thanks to a new policy memorandum recently issued by the U.S. Citizenship and Immigration Services on July 11, 2014, healthcare employers may have a solution: the H1-B Petition.
Is Your Business At Risk for Damages and Civil Money Penalties Based on Violations Stemming from Improper I-9 and E-Verify Procedures?
Executive Summary: The Office of Special Counsel for Immigration-Related Discrimination (OSC) within the Civil Rights Division of the U.S. Department of Justice (DOJ) has made it a priority to pursue employers who allegedly misuse or abuse access to the E-Verify program and unlawfully discriminate against applicants and employees in hiring and termination on the basis of citizenship status discrimination and document abuse. Employers suspected of engaging in a pattern or practice of discriminatory employment verification procedures could face months of costly investigation and be forced to pay civil money penalties, back wages and punitive damages. What’s more, they could be ejected from participating in the E-Verify program, lose the right to do business in states that mandate private employer participation, and face debarment from federal contracting rights.
DHS Proposes Rule Changes Benefitting Spouses of H-1B Workers and Other Highly Skilled Immigrants
On May 6th, 2014, the Department of Homeland Security (DHS) announced its plans to attract and retain highly skilled immigrants through two proposed rule changes. The proposed rule changes would allow employment authorization for certain spouses of H-1B workers, and would make it easier for highly skilled workers to remain in the United States.
Department of Justice Settlements a Good Reminder of Employer Obligations under Employment Verification Laws
Employers work hard to make sure they comply with federal immigration law, but they must remember not to take their efforts too far. Last week, the United States Department of Justice (DOJ) reminded employers everywhere of their obligations to treat both citizen and non-citizen employees alike when it comes to verifying the employment eligibility of individuals, to the tune of $155,500 in civil penalties.
White House Plans to Allow Work Authorizations for Spouses of H-1B Visa Holders, as Well as to Enhance Opportunities for Outstanding Professors and Researchers
In a press release dated April 7, 2014, the White House announced that the Department of Homeland Security (DHS) will soon publish proposed rules, as part of the “Attracting the World’s Best and Brightest” initiative, to allow spouses of certain H-1B visa holders to be eligible for employment authorization to work in the U.S. This effort will be part of a series of steps to strengthen entrepreneurship in the United States and abroad, as well as attract high-skilled immigrants to the United States.
H-1B Cap Reached for Fiscal Year 2015
U.S. Citizenship and Immigration Services (USCIS) announced on Monday, April 7, 2014 that it received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year 2015 during the first week of the filing period, which ran from April 1, 2014 to April 7, 2014. USCIS also confirmed that it received more than the limit of 20,000 H-1B petitions under the advanced degree exemption. As the H-1B cap is now officially oversubscribed, USCIS will no longer accept H-1B cap petitions for fiscal year 2015.
Employers Should Anticipate Tougher Worksite Enforcement Efforts in the Near Future
In a recent report entitled “U.S. Immigration and Customs Enforcement’s Worksite Enforcement Administrative Inspection Process,” Acting Assistant Inspector General for Audits Mark Bell discussed the results of an audit of U.S. Immigration and Customs Enforcement’s (“ICE”) worksite enforcement processes. The purpose for the audit was to determine whether ICE was meeting directives set out in the 1986 Immigration Reform and Control Act. The report concluded that ICE has been inconsistent in its enforcement policies and made recommendations to improve ICE’s implementation of its worksite strategy and uniformly strengthen its fine and audit procedures.
E-Verify Enhancement Provides Email Notification to Employees
United States Citizen and Immigration Services (USCIS) has launched a new customer service enhancement to E-Verify, the Internet-based employment eligibility verification program that compares information on an employee’s Form I-9 with data in Social Security Administration (SSA) and Department of Homeland Security (DHS) records. With this enhancement, the E-Verify system will continue to issue a Tentative Nonconfirmation (TNC) if there is a record mismatch that needs to be resolved before the employee can be confirmed as work authorized, but will now also notify the employee electronically.
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