Watson Law Offices Newsletter
May 2013
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Employers should begin using the new Form I-9 no later than May 7th!
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The Form I-9, which was first introduced in 1986, has historically been a one-page form. For the first time, the I-9 will be a two-page form. The new Form was released in March. U.S. Citizenship and Immigration Services had previously issued confusing instructions about the mandatory start date for the new Form. However, they have since clarified their position and instructed employers to begin using the new Form no later than May 7th.
If you have any questions about your company's I-9 records, please feel free to contact the office to discuss our self-audit and training services.
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CBP begins issuing Electronic Form I-94s
| |  I-94 Cards will now be issued electronically and available to travelers online.
This week, CBP began implementing their electronic I-94 card system at air and sea ports of entry, including Charlotte Douglas International Airport in North Carolina, Orlando International Airport in Florida, McCarran International Airport in Las Vegas, Chicago O'Hare International Airport, Miami international Airport, and George Bush International Airport in Houston. More ports of entry will be added in the coming weeks.
Previously, foreign travelers entering the U.S. received a small white card from CBP, known as an I-94 card, stapled in their passport, indicating the status they used to enter the U.S. and the date their authorization expired. This card was proof of a lawful entry into the U.S. and inspection by CBP.
Under the new system, foreign travelers' information will be entered into an electronic system, which they can access online. They will be given a tear sheet with instructions on how to look up their electronic Form I-94 on CBP's website.
Many travelers currently use their I-94 cards to prove their status to USCIS, employers, and other government agencies, such as the Social Security Administration. CBP has assured travelers that USCIS will accept print outs from CBP's website as evidence of a lawful admission into the country. |
May 2013 Visa Bulletin
| |  The U.S. Department of State has published the latest Visa Availability dates for May 2013.
Most categories have advanced. EB-2 India remains at September 1, 2004. This category has not advanced since October 2012.
Watson Law Offices Summary of the May 2013 Visa Bulletin |
Question of the Month
| | If you have a question you'd like answered in our newsletter, please email it to us and we'll try to answer it here.
Question from Employer: The government just released a new version of the Form I-9. Does this mean I need to complete new I-9s for all of my employees?
Answer: No. This is an easy trap to fall into that could result in heavy fines for "discriminatory" practices. The new version of the Form is only required to be used for new hires and when an employer is required to re-verify employees whose work authorization is expiring. [For re-verifications, the employer also has the option of completing Section 3 on the employee's existing Form.]
Employers should not re-verify any employee who is "permanent authorized" to work for them - i.e. they are a U.S. Citizen, National, or Lawful Permanent Resident. Re-verifying these employees can be viewed as a discriminatory practice by the government. There are serious fines associated with discriminatory practices. New Form I-9s should only ever be completed for these employees if their old I-9s have errors so egregious that they cannot be corrected.
Watson Law Offices offers an array of I-9 and Workforce Compliance trainings. Feel free to contact us if you would like to discuss training options for your company.
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This is an effort on our part to reach out to our larger community of friends, colleagues, current and former clients and anyone interested in Immigration Law. We expect there will be a strong push to make changes to existing Immigration Laws in the coming months and years, and we will try to keep our subscribers informed not only as to what changes are taking place, but how they are likely to impact everyone.
We welcome your input on what we should include, and how we should present this information. Please let us know what you think and what you would like to see. Also, please share this email with anyone whom you think would be interested in and benefit from this information.
THANK YOU!
Sincerely,
ROY J. WATSON, JR.
Watson Law Offices
142 Great Road
Bedford, MA 01730
rjw@watson-law.com
(781)533-7700 |
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Consultation
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Watson Law Offices will waive our standard consultation fee for individuals and businesses who have been referred by an existing or former client. When referring a friend, family member, or colleague, please ask them to mention your name, so that we can thank you for your referral.
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The information you obtain in this newsletter is not, nor is it intended to be, legal advice, and persons receiving this information should not act on it without consulting professional legal counsel. We invite you to contact us and welcome your calls, letters and electronic mail.
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