Archive for the ‘Immigration’ Category

DHS Rescinds Proposed No Match Regulations

Wednesday, October 7th, 2009

The Department of Homeland Security has decided to rescind the proposed amendments to its regulations regarding recipients of “no match” letters.  More after the break.

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Contributed by Eric A. Welter.

H1-B Visas and TARP

Monday, March 9th, 2009

The American Reinvestment and Recovery Act signed on February 17, 2009, places certain restrictions on companies receiving government bailout funds with respect to their ability to hire foreign workers.  More after the break.

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New I-9 Form NOT Effective Today

Monday, February 2nd, 2009

The new I-9 Form — available here — was supposed to become effective today.  The Connecticut Employment Law Blog has some commentary here on the proposed changes.  Unfortunately, the USCIS issued an announcement on January 30, 2009, postponing implementation of the new rule (and the form) for another 60 days, until April 3, 2009.  The announcement is here.  Employers should continue to use the old form until April 3, 2009, or until further notice.

E-Verify Postponed Until May 21, 2009

Monday, February 2nd, 2009

According to the DHS website and USCIS website, Federal contractors and subcontractors will be required to begin using the E-Verify system starting May 21, 2009.  Our prior post on the topic is here.

Expired Documents No Longer Valid For Employment Authorization

Friday, January 2nd, 2009

The Department of Homeland Security has issued an amended regulation regarding the types of acceptable identity and employment authorization documents and receipts that employees may present to their employers for completion of the Form I-9, Employment Eligibility Verification.  Employers should be aware that under this interim rule, employers no longer may accept expired documents to verify employment authorization on the Form I-9.  The interim rule also adds a new document to the list of acceptable documents that evidence both identity and employment authorization. 

The regulations are effective February 2, 2009, and the Federal Register section on the interim regulations can be found here.  More after the break.

UPDATEDPlease refer to our February 2, 2009, post regarding the effective date of these regulations being extended until April 2009.

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Government Contractors Face Debarment for Unlawful Employment Practices

Monday, September 15th, 2008

The USCIS has recently notified 7 companies that they face debarment because each has been found to be unlawfully employing persons without employment authorization.  The FAR explicitly provides that contractors may be considered for debarment if they knowingly hire an unauthorized worker or continue to employ an alien who becomes unauthorized. 

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USCIC Issues New Form I-9

Monday, June 30th, 2008

UPDATED:  See new post regarding USCIC’s decision to rescind new form here.

The U.S. Citizenship and Immigration Services (USCIS) recently issued a new I-9 Form containing a revision date of “06/16/08″ at the lower right corner of the form and an expiration date of 06/30/09 at the upper right corner of the form.  There is no substantive change between the old I-9 Form and the new I-9 Form, the form simply bears a new revision and expiration date.

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New USCIS Rule Prohibits Multiple H1-B Filings

Wednesday, March 26th, 2008

The USCIS announced on March 19, 2008, a new interim rule that prohibits employers from filing multiple H1-B applications for the same candidate.  The 27-page Federal Register announcement of the new rule can be found here.

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New I-9 Forms

Friday, November 9th, 2007

The USCIS announced on November 7, 2007, the release of the new I-9 Form.  There is also a new Handbook for Employers.