Dear Friends:
2014 has been another active year in the field of immigration law. There has been good news (Obama's executive actions on immigration reform should open up new avenues of relief for undocumented parents of U.S. citizens and lawful parents, as well as for undocumented children, and will also provide welcome benefits to employment-based individuals with approved immigrant petitions), and less than good news (Congress still has not passed comprehensive legislative reform, the current visa and green card quotas do not come close to matching demand, the immigration service continues to heavily scrutinize applications that would have easily been approved in the past, and the government remains aggressive in its focus on immigration enforcement).
As we approach the beginning of a new year, it is our hope that 2015 brings increased opportunities for everyone who would like to call the United States their home. We pledge to keep you informed regarding the most important updates in the constantly changing immigration landscape, and wish you all the best during the holiday season and in the year ahead.
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Holiday Travel Reminder
Over the holiday season, many U.S. citizens and foreign nationals will travel abroad to visit family and friends. To avoid aggravation and delays upon re-entry to the U.S., travelers should be certain that they possess the necessary documents to present upon readmission. Visit U.S. Customs & Border Protection's website for details on documentary requirements.
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Note to Employers: H-1B Planning Should Start Now!
As previously noted, USCIS will begin accepting H-1B applications for the new fiscal year on April 1, 2015. Demand for H-1B visas this year is expected to be high! In the likely event the USCIS receives enough applications to meet the quota during the first five business days in April, the agency will run a random lottery to determine which applications will be accepted for processing. Otherwise, applications received will be processed until the quota is reached. Last year the H-1B quota was reached during the initial filing period, resulting in a lottery. The earliest start date for new H-1B employment is October 1, 2015.
In light of the high demand expected for H-1B visas next year, we recommend that an employer's resolutions for the New Year include early identification of employees that might need an H-1B visa. As a reminder, the annual quota does not apply to individuals currently working in H-1B status in the U.S. who need to extend their stay or change employers, or to individuals seeking employment with institutions of higher education, nonprofit research organizations, government research organizations and certain related entities. Please contact our office if you would like to discuss the H-1B application process and filing requirements.
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Spotlight on I-9 Compliance
Since 1986, employers have been required to verify that their employees are authorized to work in the United States by completing the Form I-9. Over the past decade there has been a dramatic increase in the number of I-9 on-site inspections/audits conducted by the government, and we expect this trend to continue into 2015.
During this era of enhanced workforce enforcement, every employer - regardless of size, location or industry - must be able to document the legality of its workforce and compliance with all applicable employment laws. Proper and timely recordkeeping is essential, as are regular reviews of the company's immigration-related policies, procedures and documentation.
Our Immigration Practice Group is available to conduct a spot check of your I-9 forms to make certain that the forms are being correctly completed and that the procedures in place for maintaining them meet all regulatory requirements. We can also review your H-1B files and visit your workplace to provide training to human resources and other staff on relevant issues, including best practices for I-9 completion and maintenance, document retention, and off-site employee procedures.
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Immigration Reform Update
As noted in our most recent Immigration Newsflash, President Obama announced on November 20, 2014 that he would be using his executive authority to implement a number of significant changes to the immigration system. Please refer to our Immigration Newsflash of November 21, 2014 for details regarding changes to be implemented.
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