In the years since the Immigration Reform and Control Act of 1986, employers have been required to fill out and keep I-9 employment verification forms on file for all employees. In the past, there was little enforcement, however, and fraud and carelessness were routinely ignored. Until very recently it was unusual for the government to file a case against an employer for violations. The situation has changed dramatically under the current administration. 

 

During the controversial raids of the Bush administration, employees were targeted for working without authorization, but the Obama administration has shifted its focus and is now targeting employers. The important thing to note, however, is that employers are not just running into trouble for employing unauthorized workers. Errors in filling out the complicated and often confusing I-9 Form, requiring extra documentation of foreign-born workers, and other "technical" violations are now costing employers hundreds of thousands (and sometimes millions!) of dollars.

 

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In our September Newsletter, we informed our readers that U.S. Citizenship and Immigration Services had publicly announced a new initiative to use changes in policies and practices to encourage job creation in the United States.

A new press release on October 11th promises to continue this trend. USCIS has unveiled its new "Entreprenaurs in Resience" Program, in which the Service will engage a panel of experts to advise USCIS policymakers and personnel on how the U.S. can use its existing Immigration Laws to spur job creation. 

The press release states:

"USCIS will launch the "Entrepreneurs in Residence" initiative with a series of informational summits with industry leaders to gather high-level strategic input. Informed by the summits, the agency will stand up a tactical team comprised of entrepreneurs and experts, working with USCIS personnel, to design and implement effective solutions. This initiative will strengthen USCIS's collaboration with industries, at the policy, training, and officer level, while complying with all current Federal statutes and regulations."

USCIS claims that this new initiative is directly related to its August annoucement that it would be expanding and making improvements to the opprotunities available to start-ups and entrepreurs. Since August, USCIS says, the agency has begun:

• Conducting a review of the EB-5 process;
• Working with business analysts to enhance the EB-5 adjudication process;
• Implementing direct access for EB-5 Regional Center applicants to reach adjudicators quickly; and
• Launching new specialized training modules for USCIS officers on the EB-2 visa classification and L-1B nonimmigrant intra-company transferees.  

We hope that the new "Entrepreneurs in Residence" Initiative will be able to demonstrate to USCIS just how important foreign investors, entrepreneurs and skilled workers are to creating new jobs here in the United States.