On the first day of its new term, the United States Supreme Court sidestepped another opportunity to determine the constitutionality of President Obama’s executive immigration reforms. On October 3, 2016, the Court denied the government’s request for a rehearing in United States v. Texas, upholding an injunction against the administration’s ambitious program to provide work authorization to millions of individuals living in the United States without lawful immigration status.
Articles Discussing Employing Immigrants.
UPDATE: Compliance Date Extended for Electronic Travel Authorization Requirement for Visa-Exempt Travelers to Canada
The compliance date for Canada’s new Electronic Travel Authorization (eTA) requirement, which was set to become effective September 29, 2016, has been extended until November 9, 2016, to minimize travel disruptions and give travelers and airlines more time to prepare for changes when flying to or transiting through Canada. Starting November 10, 2016, all visa-exempt travelers will need an eTA to board their flight unless specifically exempted (like U.S. citizens and other categories of travelers).
H-1B Lottery Class Action Lawsuit Says System Should be Scrapped
Employers needing foreign talent to fill professional positions obtain work authorization for these individuals most frequently by applying for an H-1B visa. Individuals from across the globe may be sponsored for this type of visa if the position requires a minimum of U.S. Bachelor’s Degree or equivalent.
Labor Department Announces Procedural Changes to H-2B Visa Program
In an effort to further streamline the H-2B application process and make it less burdensome for employers, the Department of Labor has announced procedural changes to reduce the amount of documentation to demonstrate “temporary need.”
Revised I-9 Form Approved But Not Yet Released
USCIS has announced that a new I-9 form has been approved, but has not yet been released. The Office of Management and Budget (OMB) has approved the new form and must publish it by November 22, 2016. Employers may continue to use the current version (Form I-9 with a revision date of 03/08/2013) until January 21, 2017. After January 21, 2017, all previous versions of Form I-9 will be invalid. We will provide more information regarding the new form as information becomes available.
New Form I-9 With Enhancements and Clarity Starting January 2017
The United States Citizenship and Immigration Services (USCIS) has announced approval from the Office of Management and Budget (OMB) for a proposed new Form I-9. USCIS must publish a revised form no later than November 22, 2016. This new form will be effective as of January 22, 2017.
Department of State Accepting Applications for Diversity Immigrant Visa Lottery
The U.S. Department of State has announced that applications for the upcoming Diversity Visa (DV-2018) Lottery will be accepted electronically between noon EDT, October 4, 2016, and noon EDT, November 7, 2016.
Effective September 29, Certain Visa-Exempt Travelers to Canada Must Have an Electronic Travel Authorization to Enter the Country by Air
Executive Summary: A change to Canadian law that will take effect September 29, 2016, could have a significant impact on airline industry employers, as well as those in other industries whose employees frequently travel by air to Canada. The change will require all visa-exempt nationals (other than U.S. citizens) entering or transiting through Canada by air to have a valid electronic Travel Authorization (“eTA”) to board their flights.
New Form I-9 Update
The Office of Management and Budget (“OMB”) has approved revisions to the Form I-9 to be released to the public within 90 days. The exact date of release has not been announced. The new form will include much-needed technology features to assist employers in identifying errors. The new form will replace the 2013 version and will be valid until August 31, 2019.
Administration Welcomes Foreign Entrepreneurs with Proposed Rule
The Department of Homeland Security has closed out the summer with an encouraging proposal designed to allow certain founders of start-up companies from abroad to come to the U.S. for an initial stay of up to two years to build their business here. In a move recognizing the entrepreneurial spirit embodied by the many foreign individuals who have contributed to making the United States a beacon of innovation and creative ambition, the service released an advance copy of the proposed “International Entrepreneur Rule.”
5th Circuit Throws Out I-9 Fines Against Employer for Alleged Section 2 Attestation Deficiencies
Vacating a $226,000 fine against Employer Solutions Staffing Group for alleged Form I-9 violations, the Fifth Circuit Court of Appeals has ruled that it was not a violation for employer to have one of its agents inspect original employee documents in Texas and have another person in Minnesota complete the employer attestation in Section 2 after reviewing photocopies of the documents sent by the Texas person reviewing the forms. Employer Solutions Staffing Group v. OCAHO, No. 15-60173 (5th Cir. Aug. 11, 2016).
Fines for I-9 and Other Immigration Violations Have Increased as of August 1, 2016
The U.S. Departments of Homeland Security (DHS), Labor (DOL) and Justice (DOJ) have increased the civil fines for employers that commit immigration-related offenses, such as unfair employment or discrimination practices, H-1B and H-2B program violations, and Form I-9 and E-VERIFY violations. The new penalties, which went into effect on August 1, 2016, apply to violations that occurred after November 2, 2015.
Fifth Circuit Overturns $226,000 Fine Imposed on a Staffing Company for Completing Section 2 of Form I-9 Remotely
The Department of Homeland Security (DHS) takes the position that employers must physically review original documents in the actual presence of a new hire when completing the attestation in Section 2 of the Form I-9 (the attestation is a statement from the employer indicating the employer reviewed the new hire’s documents and the documents belong to the new hire). In other words, DHS prohibits employers from reviewing copies of documents remotely or via video when completing a Form I-9. In a decision published on August 11, 2016, the United States Court of Appeals for the Fifth Circuit found that a Minnesota staffing company was not liable for a $226,000 fine it received when it completed Section 2 in Minnesota after reviewing copies of the Form I-9 documents presented by new hires located in El Paso, Texas.1
Experts Share Their Thoughts to Close Out the 2016 ILG National Conference
The final day of the 2016 ILG National Conference wrapped up with a morning of breakout sessions, a keynote address from Beverly Bond, and ended on a high note with the ever-favorite Expert Panel.
Immigration Penalties Increase Effective August 1, 2016
The Department of Justice has issued a new rule increasing penalties for I-9 paperwork violations, unlawfully employing unauthorized workers, and unfair immigration-related employment practices. The increase was triggered by the 2015 Bipartisan Budget Act, which revised the formula for adjusting federal agency penalties for inflation. The increase applies to civil penalties assessed after August 1, 2016, for violations that occurred after November 2, 2015. The increases do not apply to violations that occurred on or before November 2, 2015. Additionally, they do not apply to penalties assessed prior to August 1, 2016, even if the violation occurred after November 2, 2015.