|
BETTER LATE THEN NEVER: DHS Issues New I-9 Form and Revised M-274, Handbook for Employers.
On November 7, 2007, CIS announced that a
revised
Employment Eligibility Verification Form
(I-9) is
available for use as well as the M-274,
Handbook for
Employers, Instructions for Completing the
Form I-9.
Key to the revision is the removal of five
documents for
proof of both identity and employment
eligibility. They
include: Certificate of U.S. Citizenship
(Form N-560 or
N-570); Certificate of Naturalization (Form
N-550 or N-
570); the old Alien Registration Receipt Card
(Form I-
151); the Reentry Permit (Form I-327); and the
Refugee Travel Document (Form I-571).
Click
Here to view and use the New I-9 Form.
Click
Here to view and use the New M-274,
Employer Handbook.
Click
Here to read the CIS' Fact Sheet about
the New I-9 Form.
Click
Here to read the CIS' Update
on the New I-9 Form.
Introduction of the Amended I-9 and New
M-274
CIS has issued a Notice to introduce the newly
amended Form I-9, Employment Eligibility
Verification Form. Employers are required to use
the Form I-9 to verify the identity and
employment
authorization of all newly hired employees. The
revised Form I-9 contains an updated list of
acceptable identity and employment authorization
documents that reflect the current regulations.
As of November 7, 2007, the revised Form
I-9 is the only valid version of the form.
DHS will not
seek penalties against an employer for using a
previous version of the Form I-9 on or before
December 26, 2007.
Click
here to read the Federal Register Notice.
|
|
| |
Dear Readers:
The long awaited new Form I-9 was recently
promulgated by the U.S. Department of Homeland
Security ("DHS"), Citizenship and Immigration
Services ("CIS"). The CIS has also promulgated a
revised M-274, Handbook for Employers. The
M-274 is an excellent resource to help
employers, and
their HR staff, to properly prepare and
retain I-9
Forms. The M-274 also clearly explains the
liabilities
that an
employer may face for various violations of the
Immigration Reform and Control Act ("IRCA").
Adding
recently to the confusion in the employment
eligibility
verification arena was the government's
decision to
back-off the California No-Match Litigation.
The Bush
Administration announced that it is going to
prepare a
new No-Match regulation that will be
promulgated in
March 2008.
Interestingly, these new developments
come in the wake of New York Governor Spitzer's
concession in his battle to afford a New York
driver's
license to undocumented immigrants. What the
Governor seems to have forgotten is that one
of the
List B documents on the I-9 is a driver's
license. If N.Y.
issued three types of driver's license (as he
proposed) imagine the confusion for employers
and
HR Staff to complete the I-9 Form.
Hot on the
heels of
the foregoing is DHS' continuing interest in
enforcement. It looks like we are going to
see a great
deal of ICE this coming winter.
|
| |
| |
| |
| TARGETING UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES: Target and Whole Foods Market Were Recently Charged with Discriminating Against Authorized Immigrant Workers. |
| |
On November 14, 2007, the Legal Aid
Society - Employment Law Center -
filed two separate charges against the Target
Corporation and Whole Foods Market with the U.S.
Department of Justice ("DOJ"), alleging that the
companies engaged in employment discrimination by
illegally firing and suspending, respectively, two
immigrant workers, even though they had presented
clear evidence of their authorization to work in
the United States. The companies' unwarranted
over-scrutiny of two Latina immigrants' work
authorizations - an unlawful practice known
as "document abuse" - led to the termination of a
Target employee, who is authorized to work under
Temporary Protected Status ("TPS"), and a 30 day
suspension without pay of a Whole Foods Market
employee, who is a naturalized United States citizen.
|
| |
Click Here to read the full story . . . |
| |
| LOSING THE FIGHT BUT WINNING THE BATTLE: Governor Spitzer Surrenders on License Fight. |
| |
New York State Governor Spitzer has decided, after
much debate, that the proposal to provide
undocumented immigrants with a drivers license
would ultimately be blocked either by legal
challenges, a vote by the Legislature to
deny financing for the Department of Motor
Vehicles or a refusal by upstate county clerks to carry
it out.
Eight other states (Hawaii, Maine, Maryland,
Michigan, New Mexico, Oregon, Utah and
Washington), currently do not require drivers
to prove legal status in order to obtain a driver's
license.
|
| |
Click here to read the story in the NY Times . . . |
| |
| STUDENTS ARE ALWAYS WELCOME: DOS Issues Record Number of Visas to Foreign Students. |
| |
On November 16, 2007, the U.S. Department of State
("DOS") announced that it has issued a record
number of visas to foreign students in Fiscal Year
2007 for study in the United States.
|
| |
Click here to read more . . . |
| |
| PRO SE? MAYBE NOT: Applicant Seeks Compassion from BALCA. |
| |
The Board of Alien Labor Certification Appeals
("BALCA") recently declined to overlook the failure of a
self-represented PERM applicant to properly
advertise for a home health worker position, and
suggests that the applicant consider engaging an
immigration attorney to assist her in understanding
and complying with the complex set of PERM
regulations.
|
| |
Click Here to read the case . . . |
| |
| SSA DELAY ONLY TEMPORARY: SSA Decides It Will Not Issue Employer No-Match Letters This Year. |
| |
The Social Security Administration ("SSA") announced
that it will not be sending out no-match letters to
employers this year because of the lawsuit
challenging DHS' worksite enforcement regulations.
The Bush Administration more recently
announced that it was going to suspend its legal
defense of a new rule to punish employers who hire
illegal immigrants, conceding a hard-fought opening
round in a court battle over a central measure in its
strategy to curb illegal immigration.
In DHS' motion to stay the "no match" lawsuit
pending rulemaking in AFL-CIO v. Chertoff, N.D. Cal.,
filed November 23, 2007, the DHS states: "DHS
intends to conduct additional rulemaking proceedings
to address the issues raised by the Court. This
will include preparing a Regulatory Flexibility Act
analysis. Defendants hope and anticipate that the
amended rule will fully address the Court's concerns.
DHS expects it will be able to complete the
contemplated rulemaking proceedings by March of
2008.
|
| |
Click here to read more . . . |
| |
| BORDER SECURITY UPDATE: Border Security and Immigration Enforcement Update. |
| |
On November 6, 2007, DHS released a Fact Sheet on
border security and immigration enforcement. The
Fact Sheet addresses Border Patrol and ICE
enforcement operations, as well as E-Verify and
no-match letters.
|
| |
Click Here to read the DHS Fact Sheet . . . |
| |
| FINAL PASSORT RULE: DOS Publishes a Final Passport Rule. |
| |
DOS recently published a final passport rule on
November 19, 2007. The rule reorganizes,
restructures, and updates passport regulations. The
rule is due to be effective on February 1, 2008.
|
| |
Click here to read the DHS rule in the Federal Register . . . |
| |
| UPDATE ON THE STATE OF IMMIGRATION LAW: Secretary Chertoff's Remarks on the "State of Immigration". |
| |
DHS Secretary Chertoff recently issued remarks
concerning the "State of Immigration". His remarks
are the first in a series of promised periodic reports
on immigration enforcement and the agency's efforts
to address national workforce needs.
|
| |
Click here to read "The State of Immigration" . . . |
| |
| EASY COME, EASY GO: DOS Final Rule On Exchange Visitor Program Sanctions. |
| |
DOS published a recent notice in the Federal Register
amending its regulations to add to and modify the
existing actions for which the Department may
sanction a sponsor. Interestingly, the rule was
withdrawn by the DOS before the lapse of 30 days.
Does this strategy signal the direction that the DOS is
taking with regard to the J-1 Exchange Visitor
Programs in the future? ROs should stay tuned and
beware!
|
| |
Click here to read about the Visitor Program Final Rule in the Federal Register . . . |
| |
| GUIDANCE ON CONTINUING VIABILITY OF THE I-130: Effect Of I-130 Petitioner's Death On Authority. |
| |
CIS Associate Director of Domestic Operations
recently issued a Field Guidance memorandum
regarding the effect of the petitioner's death on
authority to approve the Form I-130.
|
| |
Click Here to read the memorandum, courtesy of ILW.COM . . . |
| |
| MORE FINGERS AND MORE FEES: Fingerprint Fee Increase. |
| |
It was recently reported that CBP will be
taking an
electronic scan of ten (10) digits at the
Ports-of-Entry
in connection with the US-VISIT Program.
Additionally,
CBP recently provided notice that it was
increasing
fingerprinting fees. The price we pay for
security
continues to rise.
|
| |
Click here to read the Federal Register Notice . . . |
| |
| THE ACCURACY OF E-VERIFY: Report Card for E-Verify. |
| |
A recent report prepared for DHS on E-verify
follows an
interim report released in December 2006. The
final
report assesses whether the Web Basic Pilot has
resulted in the anticipated improvements in
automated
employment authorization.
|
| |
To read the 2007 Report, click here . . . |
| |
| GUEST ARTICLE FROM JOHN P.H. VIGMAN, ESQ.: Cultural Differences Affecting Transactions: From the Western Perspective. |
| |
John P.H. Vigman, Esq. (Of Counsel to the Law Office
of Nachman & Associates, P.C.) is an exceptionally
experienced legal counselor who deals with
international business transactions. Mr. Vigman
share his views concerning cultural issues in the
business context. Mr Vigman writes: "The world may
be getting smaller, the internet may make us feel like
one global village; however, for all the technological
advancements and all the enhanced awareness of
other cultures, when negotiating a deal with business
people from a non-Western culture, the same basic
issues of miscomprehension remain. Subtle
east-west communication differences can derail even
the best-planned transactions."
|
| |
Click here to read John Vigman's insightful article . . . |
| |
|
