Mandatory E-Verify????
|
10/26/2017
|
By: Donald Berner
|
Immigration
issues
continue
to
be
a
hot
topic
in
Washington.
As
immigration
reform
questions
circulate
through
Congress,
particularly
surrounding
the
DACA/Dreamer
issue,
a
bill
to
make
E-Verify mandatory
for
all
employers
arrived
on
the
House floor.
The
bill
would
phase
in the required
use
of
E-Verify
over
a two-year
period.
It
is
still
too
early
to
tell
if
the
bill will
survive,
but its
introduction
shows
a
continued
emphasis
on
border
control
by
the
Republican
in
Congress
and
the
Trump
Administration.
Stay
tuned
for
further
updates.
|
|
Trump Administration Makes Significant Change to Immigration Renewal Filings
|
10/25/2017
|
By: Donald Berner
|
USCIS issued
a
memorandum
on
October
23rd
that
rescinded
prior
guidance
established
by
the
Bush
and
Obama
administrations
related
to
extensions
of
temporary
work
visas.
The
prior
guidance
directed
USCIS
case
officers
to
approve
extension
requests
so
long
as
the
main
facts
of
the
extension
were
in
line
with
the
original
filing.
The
new
guidance
tosses
out
this
presumption
in
favor
of
approving
those
extension
requests
and
indicates
that
all
filings
will
be
subject
to
the
same
scrutiny
as
the
initial
filing.
In
essence,
the
Trump
Administration
does
not
want
to
give
credence
to
any
previously
approved
filings
and
will
review
them
with
fresh
eyes
upon
the
request
for
an
extension.
The
policy
memorandum
is
yet
another
indication
of
the
Trump
Administration's
negative
viewpoint
with
respect
to
the
use
of
foreign
labor.
In
keeping
with
the
theme
of
the
Buy
American
Hire
American
order
issued
by
President
Trump,
this
policy
memorandum
clears
the
way
for
USCIS case
officers
to
reject
extension
requests
in
hundreds
of
thousands
of
previously
approved
work
visas.
The
impact
of
the
memorandum
is
hard
to
predict
at
this
point,
but
does
point
to
a
continued
tightening
and
restricting
of
employer
access
to
work
visas
for
foreign
workers.
|
|
H-1B Filing Season Coming Up
|
03/17/2017
|
By: Donald Berner
|
The
annual
H-1B
visa
filing
cycle
is
coming
right
up. Employers
will
be
able
to
file
H-1B
applications
for
the
fiscal
year
2018
cap/quota
period
after
April
1,
2017.
USCIS will
begin
taking
applications
on
April
3,
2017,
and
if
the
cap
is
reached
during
that
first
week,
USCIS will
conduct
a
lottery
to
determine
which
applications
will
be
accepted
under
the
cap.
For
those
employers
looking
to
obtain
an
H-1B
visa
for
a
worker,
now
is
the
time
to
get
those
applications
ready
to
submit
for
the
upcoming
lottery.
|
|
USCIS Premium Processing Suspended
|
03/15/2017
|
By: Donald Berner
|
USCIS has
announced
a
suspension
of
the
premium
processing
program
for
H-1B
visa
applications
starting
on
April
3,
2017. The
premium
program
is
a
means
by
which
applicants
for
H-1B
visas
can
shorten
the
standard
processing
time
of
approximately
six
months
to
just
a
few
weeks.
The
program
is
funded
by
the
additional
filing
fees
paid
with
the
application.
With
the
upcoming
cap
lottery
process
and
the
current
significant
backlog
in
pending
H-1B
applications,
USCIS is
temporarily
halting
the
acceptance
of
applications
filed
for
premium
processing.
This
suspension
is
expected
to
last
a
few
months,
but
the
actual
length
is
hard
to
project.
Stay
tuned
as
USCIS works
through
its
annual
H-1B
visa
lottery
process
as
changes
to
the
premium
processing
suspension
are
likely.
|
|
Department of Justice Adjusts Penalties for Inflation
|
07/05/2016
|
By: Donald Berner
|
The
Department
of
Justice
("DOJ")
published
a
new
set
of
civil
penalty
amounts
for
a
variety
of
civil
matters
enforced
by
the
DOJ
that
are
set
to
go
into
effect
for
violations
occurring
after
August
1,
2016.
The
new
penalty
amounts
were
adjusted
for
inflation
from
the
prior
penalty
amounts
which
in
some
cases
had
not
been
adjusted
by
the
DOJ
for
quite
some
time.
As
a
result,
the
adjustments
to
the
penalty
amounts
in
some
areas
were
significant.
As
part
of
the
inflation
adjustment,
the
DOJ increased
the
penalty
amounts
for
the
various
immigration
related
violations
enforced
by
the
DOJ.
These
penalty
amounts,
initially
established
between
1980
and
1996,
had
never
before
been
adjusted.
Of
note,
the
DOJ adjusted
the
penalty
amounts
for
I-9
paperwork
violations
from
a
range
of
$110
to
$1,100
per
violation
up
to
a
range
of
$216
to
$2,156
per
violation.
In
addition,
the
penalty
amounts
for
employing
aliens
not
authorized
to
work
in
the
United
States
were
also
increased
significantly.
Employers
should
make
note
of
these
increases
related
to
the
I-9
process.
If
you
haven't
audited
your
I-9
records
in
some
time,
now
would
be
a
great
time
to
do
so
in
advance
of
these
increased
penalty
amounts.
|
|
E-Verify Expansion
|
04/22/2016
|
By: Donald Berner
|
The
trend
of
states
requiring
the
use
of
E-Verify
continues
as
Tennessee
will
require
private
employers
with
50
or
more
employees
to
utilize
E-Verify
after
January
1,
2017.
While
of
not
much
consequence
for
Kansas
employers
(unless
you
have
Tennessee
employees),
it
is
notable
that
the
march
of
states
mandating
the
use
of
E-Verify
continues. It
is
also
likely
that
any
immigration
reform
at
the
federal
level
(whenever
that
occurs)
will
require
employers
to
utilize
E-Verify.
With
the
trends
heading
in
the
direction
of
mandatory
participation
down
the
road,
employers
should
consider
the
pros
and
cons
of
voluntarily
opting
into
the
system
in
advance
of
any
mandates.
|
|
New STEM OPT Regulations Take Effect in May
|
4/11/2016
|
By: Donald Berner
|
The
new
STEM
(Science,
Technology,
Engineering, & Math) OPT
regulations issued
in
March
create
a
new
set
of
requirements
and
benefits
for
students
and
employers
seeking
to
participate
in
the
program.
For
those
not
familiar
with
STEM
and
OPT,
these
concepts
relate
to
foreign
students
and
work
authorization
which
typically
applies
after
the
student
completes
a
degree
program.
The
traditional
OPT,
which
stands for
optional
practical
training, program
allows
the
foreign
student
up
to
twelve
months
of
work
authorization
per
program
of
study
(degree
level)
to
obtain
practical
on-the-job
type
experience
before
returning
home.
There
are
special
rules
for
foreign
students
within
the
STEM degree
fields
that
allow
the
OPT
time
to
extend
out
an
additional
24
months.
This
extra
OPT
time
comes
with
some
strings
attached
for
the
employer.
The
primary
addition
in
the
new
rule
relates
to
training
plans
and
evaluative
processes. Foreign
students
must
now
have
a
training
plan
that
sets
out
goals
for
the
STEM practical
training
period.
The
plan
requires
a
description
of
the
skills,
techniques
and
knowledge
the
student
will
obtain
through
the
opportunity
with
the
employer
as
well
as
an
evaluation
process
and
a
description
of
how
the
student
will
be
supervised.
These
new
requirements
take
effect
for
STEM extensions
filed
by
students
after
May
10th.
For
more
information
on
the
new
STEM program
click
here.
|
|
Expanded Deferred Action Program Remains on Hold
|
11/13/2015
|
By: Donald Berner
|
In
November
2014,
President
Obama
expanded
the
deferred
action
program
currently
in
effect. The
expansion
would
have
extended
eligibility
to
participate
in
the
program
to
about
4
million
more
individuals
currently
in
the
U.S.
illegally.
The
program
extension
is
currently
on
hold
due
an
injunction
issued
by
the
U.S.
District
Court
for
the
Southern
District
of
Texas.
The
issuance
of
the
injunction
was
appealed
by
the
federal
government.
The
Court
of
Appeals
upheld
the
injunction
in
a
decision
issued
earlier
this
week.
This
means
the
expansion
of
the
deferred
action
program remains
temporarily
blocked
from
implementation
until the
trial
of
the
matter takes
place or
the
federal
government
successfully
appeals
the
decision.
Stay
tuned.
It
will
likely
be
months
before
this issue
resolves
itself.
|
|
DHS Issues Proposed STEM OPT Rule
|
10/29/2015
|
By: Donald Berner
|
The
Department
of
Homeland
Security
(DHS) issued
a
proposed
rule
providing
for
the
extension
of
optional
practical
training
(OPT)
time
for
foreign
students
that
obtain
degrees
in
STEM
fields
of
study.
STEM
stands
for
science,
technology,
engineering
and
math.
The
new
regulation
proposes
an
additional
twenty-four
month
extension
to
the
existing
twelve
month
OPT period.
This
extension
will
be
made
available
for
each
degree
level
should
the
individual
obtain
a
bachelors
degree
and
then
later
obtain
a
masters
degree.
DHS is
currently
preparing
a
listing
of
eligible
STEM
fields
that
will
be
permitted
to
participate
in
the
program
and
will
provide
that
information
at
a
later
date.
The
proposed
rule
also
imposes
a
few
requirements
on
employers
participating
in
the
program.
Employers
will
be
required
to
participate
in
E-Verify, implement
mentoring
and
training
programs
to
further
the
attainment
of
the
practical
experience
contemplated
by
the
program, attest to
having
the
resources
to
provide
the
mentoring
and
attest
that
no
U.S.
workers
experienced
job
losses
as
a
result
of
employing
the
individual
participating
in
the
OPT
program.
Stay
tuned for
the
finalization
of
the
rule
and
the
detailed
listing
of
STEM
degree
fields.
|
|
H-1B Cap Update for 2016
|
04/07/2015
|
By: Donald Berner
|
USCIS announced
the
cap
for
fiscal
year
2016
(start
date
of
October
1,
2015)
has
been
reached.
For
all
those
submitting
applications
for
an
H-1B,
a
lottery
will
be
conducted
to
choose
the
applications
to
be
considered
for
the
85,000
slots.
The
lottery
process
is
likely
to
take
several
weeks
as
USCIS
processes
the
applications
and
conducts
the
random
selection
process.
Stay
tuned
and
keep
your
fingers
crossed.
|
|
Work Authorization for H-4 Visa Holders
|
04/03/2015
|
By: Donald Berner
|
The
USCIS announced
recently
that
certain
H-4
visa
holders
(dependents
of
H-1B
visa
holders)
will
become
eligible
to
receive
work
authorization.
This
new
rule
takes
effect
on
May
26,
2015
and
is
limited
to
a
specific
category
of
H-4
visa
holders.
If
the
H-4
visa
holder's
spouse
has
an
approved
I-140
(permanent
resident
application)
or
has
an
H-1B
extension
in
place
beyond
the
six-year
limit
for
H-1B
status,
the
H-4
visa
holder
can
apply
for
and
receive
an
employment
authorization
document
to
allow
them
to
work.
This
is
a
significant
change
for
the
dependents
of
those
individuals
pursuing
permanent
residence
as
it
will
allow
them
the
opportunity
to
obtain
employment
as
well.
Keep
in
mind,
however,
that
this
rule
has
a
very
limited
application
and
does
not
allow
all
H-4
visa
holder's
to
obtain
employment
authorization.
If
you
qualify
under
this
rule,
now
is
the
time
to
begin
preparing
the
application
for
employment
authorization
to
be ready
to
file
on
May
26th
when
the
new
rule
takes
effect.
|
|
Deferred Action Program Expansion Kicks Off
|
02/12/2015
|
By: Donald Berner
|
The
first
of
the
expanded
immigration
benefits
granted
by
President
Obama's
executive
action
is
slated
to
begin
processing
applications
next
week.
The
Deferred
Action
for
Childhood
Arrivals (DACA)
program
in
its
new
expanded
form
will
provide
benefits
to
a
wider
range
of
potential
applicants. This
expansion
is
likely
to
lead
to
a
new
wave
of
individuals
seeking
deferred
action
related
benefits
which
includes
a
work
authorization
document
to
allow
these
individuals
to
work
legally
in
the
U.S.
This
is
likely
to
lead
to
another
wave
of
your
employees
receiving
new
work
authorization
documents
later
this
year.
As
a
reminder,
DACA
is
for
those
individuals
that
entered
the
U.S.
prior
to
reaching
age
16.
The
DACA
program
has
been
modified
to
allow
individuals
of
any
age
to
apply
so
long
as
they
meet
the
requirement
of
having
entered
the
U.S.
prior
to
age
16
and
have
lived
in
the
U.S.
continuously
since
January
1,
2010 (the
prior
version
of
the
program
required
continuous
residence
since
June
15,
2007).
|
|
Immigration Reform Update
|
01/27/2015
|
By: Donald Berner
|
Now
that
the
State
of
the
Union
address
is
in
the
rear-view
mirror,
it's
a
good
time
to
peek
in
on
just
where
things
are
at
with
respect
to
immigration
reform.
As
you
might
recall,
President
Obama
announced
a
series
of
changes
he
intended
to
implement
by
Executive
Order
in
November
of
2014
(read
about
them
here.)
So
just
where
are
things
with
respect
to
all
these
changes?
The
answer
is
a
simple
one
--
UNDER CONSTRUCTION.
For
those
expecting
immediate
change,
immigration
reform
has
been
a
bit
of
a
sore
subject.
As
you
will
remember,
comprehensive
immigration
reform
has
been
a
topic
of
discussion
throughout
President
Obama's
presidency.
In
fact,
Congress
was
debating
comprehensive
immigration
reform
following
the
election
cycle
in
2012.
The
key
takeaway
is
that
while
immigration
reform
gets
a
lot
of
discussion
and
press,
actual
progress
is
hard
to
come
by
and
slow
to
arrive.
With
that
said,
deferred
action
related
information
is
likely
to
arrive
in
February.
In
addition,
the
new
deferred
action
program
targeted
at
parents
of
children
born
in
the
U.S.
will
likely
arrive
in
the
late
spring
or
early
summer
(May/June).
What
will
be
interesting
to
watch
is
how
these
upcoming
executive
changes
will
motivate
Congress
to
act.
So
while
things
are
likely
to
remain
quiet
in
early
2015,
expect
immigration
reform
to
be
a
hot
topic
again
as
we
move
towards
spring.
As
always,
stay
tuned.
|
|
H-1B Season is Approaching
|
01/09/2015
|
By: Donald Berner
|
Now
that
the
calendar
has
turned
to
2015
it
is
time
to
begin
considering
the
rapid
approach
of
the
H-1B
filing
window.
The
H-1B
visa
is
the
most
commonly
utilized
work
visa
for
employers.
While
USCIS
has
not
issued
any
information
yet
with
respect
to
the
filing
window
and
lottery
process,
employers
should
expect
2015
to
be
no
different
than
the
last
couple
of
years.
The
H-1B
cap
for
the
2016
fiscal
year
(starts
on
October
1,
2015)
will
be
hit
in
the
initial
filing
window.
This
means
employers
seeking
a
H-1B
visa
for
an
employee
will
need
to
be
prepared
to
file
the
application
by
April
1,
2015,
to
participate
in
the
lottery
for
a
visa.
As
a
word
of
warning,
if
you
have
individuals
working
for
you
that
are
utilizing
OPT
(Optional
Practical
Training)
this
blog
posting
applies
to
you.
If
these
individuals
haven't
asked
yet,
expect
them
to
be
asking
soon
about
an
H-1B
filing
in
this
upcoming
filing
window.
Considering
the
need
to
file
by
April
1,
2015,
it
isn't
too
early
to
start
talking
through
these
issues
and
planning
for
any
filings.
|
|
Court of Appeals Weighs in on H-2B Wage Rule
|
12/08/2014
|
By: Donald Berner
|
In
a
recent
decision,
the
U.S.
Court
of
Appeals
for
the
Third
Circuit
rejected the
Department
of
Labor's
(DOL) 2009
guidance
regarding
the
use
of
private
employer
surveys
for
determining
prevailing
wages
under
the
H-2B
program.
The
Court
found
that
the
usage
of
the
private
wage
surveys
had
the
effect
of
depressing
wages
which
harms
H-2B
workers
and
U.S.
workers.
The
Court
also
found
a
harm
to
U.S.
employer
that
could
not
afford
to
do
a
private
wage
survey
and
were
required
to
use
DOL's
wage
data
which
was
higher
than
the
private
survey
data. The
likely
effect
of
the decision
will
be a
push
to
the use
of
the DOL's
wage
data
rather
than
private
surveys.
The
decision
is
just
another
step
down
the
windy
and
painful
road
of
prevailing
wage
complications
for
H-2B
employers.
Stay
tuned
as
DOL
plans
to
engage
in
further
rulemaking
on
the
H-2B
prevailing
wage
front.
|
|
President Obama to Announce Executive Action on Immigration
|
11/20/2014
|
By: Donald Berner
|
President
Obama
is
scheduled
to
announce
his
executive
action
on
immigration
tonight
in
a
nationally
televised
speech.
The
details
of
the
plan
will
become
more
clear
in
the
coming
days;
however,
the
early
information
seems
to
indicate
an
expansion
of
the
already
existing
deferred
action
program. This
latest
executive
action
(or
frankly
inaction)
will
expand
coverage
to
another
group
of
illegal
aliens
estimated
to
number
around
five
million.
Putting
aside
all
the
rhetoric
surrounding
the
action,
President
Obama
will
simply
be
promising
all
those
in
the
eligible population
(those
living
in
the
U.S.
for
at
least five
years) that
apply
to
not
deport
them.
In
addition,
those
individuals
will
be
able
to
obtain
a
work
authorization
document
which
will
allow
them
to
legally
work
in
the
United
States.
Stay
tuned
tonight
and
in
the
coming
days
as
we
get
a
better
understanding
of
the
full
details
of
the
proposal.
The
key
thing
to
remember
is
to
tune
out
the
political
rhetoric
from
all
sides
and focus
on
the
facts
and
details
of
the
executive
action.
From
all
indications,
President
Obama
won't
be
doing
anything
different
from
what
was
already
done
several
years
ago
when
the
deferred
action
program
was
launched.
|
|
Foreign Student Employment
|
05/29/2014
|
By: Donald Berner
|
As
the
end
of
the
school
year
approaches
and
summer
begins,
employers
utilizing
the
services
of
foreign
students
as
employees
should
take
a
moment
to
review
the
work
authorization
of
those
individuals.
It
is
important
to
remember the
student's
presence
in
the
U.S.
doesn't
necessarily
mean
the
student
is
authorized
to
work.
In
addition,
those
students
with
work
authorization
may
have
an
expiring
work
authorization
which
is
equally
problematic
for
employers.
Foreign
students
in
the
U.S.
typically
obtain
work
authorization
through
one
of
two
vehicles
--
CPT
or
OPT.
CPT stands
for
curricular
practical
training
and
OPT stands
for
optional
practical
training.
The
authority
to
work
under
CPT
and
OPT
are
dramatically
different.
CPT
is
work
authorization
provided
through
the
university
for
a
specific
employer
for
a
limited
time
period
(typically
a
semester).
Think
of
CPT as
an
internship
while
going
to
school.
Also
remember
that
while
CPT has
a
short
approval
length, the
university
can
typically
provide
additional
semesters
of
CPT time.
OPT is
typically
used
by
students
upon
completion
of
a
degree
program.
Students
taking
OPT time
are
not
limited
to
a
specific
employer
and
receive
an
employment
authorization
document
allowing
work
at
any
employer.
OPT is
also
generally
for
a
twelve
month
period
and
in
most
cases
cannot
be
renewed/extended.
The
key
message for
employers
is
to
keep
an
eye
on
the
types
and
expiration
dates
for
work
authorization.
Allowing
a
student
to
continue
working
after
the
expiration
of
the
CPT
or
OPT
time
can
result
in
fines
for
employers
and
immigration
status
problems
for
the
student.
|
|
H-1B Filing Season Approaching
|
03/04/2014
|
By: Donald Berner
|
As
the
weather
begins
to
warm-up
and
spring
arrives
so
does
the
H-1B
filing
season.
As
most
of
you
know,
the
H-1B
visa
program
comes
with
a
cap/quota
for
the
year.
The
new
allotment
of
numbers
under
the
quota
become
available
on
October
1,
2014.
The
filing
window
for
these
slots
opens
on
April
1,
2014.
With
the
demand
for
H-1B
visas
expected
to
exceed
the
quota,
the
USCIS will
conduct
a
lottery
drawing
in
mid-April
to
identify
which
applications
will
be
processed.
If
you
have
the
need
to
obtain
a
new
H-1B
visa
starting
in
2014/2015,
now
is
the
time
to
start
the
application
process.
Don't
delay.
|
|
Update on Immigration Reform
|
11/25/2013
|
By: Donald Berner
|
Following
the
summer
passage
of
a
comprehensive
reform
bill
by
the
Senate,
the
idea
of
immigration
reform
has
stalled
out
in
the
House.
After
several
months
of
delay,
the
House
has
resumed
discussion
of
immigration
at
some
level.
The
current
plan
in
the
House
appears
to
be
a
piecemeal
approach
to
the
various
concepts
found
in
the
Senate
bill
rather
than
a
comprehensive
approach.
This
strategy
should
result
in
a
slow
and
tedious
process
in
2014.
It
is
still
too
early
to
tell
whether
this
is
simply
a
delaying
tactic
or
a
realistic
approach
to
solving
all
of
the
issues
contained
in
the
Senate
version
of
the
bill.
Stay
tuned
into
2014
as
the
story
continues
to
evolve.
|
|
E-Verify Returns Post-Shutdown
|
10/18/2013
|
By: Donald Berner
|
Now
that
the
shutdown
has
come
to
a
close
and
federal
workers
have
returned
to
their
offices,
it
is
time
for
employers
to
get
all
caught
up.
One
of
those
catch-up
tasks
is
the
entry
in
E-Verify
of
employees
hired
during
the
federal
government
shutdown.
Employers
should
enter
all
employees
hired
during
the
shutdown
prior
to
November
5,
2013. In
response
to
any
question
generated
in
the
system
related
to
the
late
entry,
employers
should
check
the
"other"
box
and
enter
"federal
government
shutdown"
in
the
text
box.
Now
would
be
a
good
time
to
double
check
to
make
sure
all
your
new
hires
over
the
last
three
weeks
have
been
entered
into
the
system. Also
keep
in
mind,
employees
hired
now
that
the
government
has
resumed
operations
must
be
plugged
into
E-Verify
in
accordance
with
the
normal
rules.
The
additional
time
for
data
entry
applies
only
to
those
hired
during
the
shutdown.
|
|
Undocumented Workers and Criminal Indictments
|
10/14/2013
|
By: Donald Berner
|
It
is
never
good
when
the
federal
government
seeks
to
criminally
indict
your
company
or
one
of
your
management
team
in
the
context
of
hiring
undocumented
workers.
In
my
experience,
this
privilege
is
reserved
for
those
that
have
gone
above
and
beyond
in
their
efforts
to
ignore
the
law.
In
a
recent
case
from
northeast
Kansas
a
restaurant
owner
was
indicted
for
his
efforts
to
employ
undocumented
workers.
His
troubles
began
when
the
Department
of
Homeland
Security
(DHS) sought
to
review
his
I-9
forms
and
found
a
number
of
employees
without
completed
I-9
forms.
When
DHS
instructed
him
to
correct
the
problem
and
issued
a
fine,
he
ignored
the
requirement.
Making
matters
worse,
DHS
found
that
the
restaurant
owner
was
paying
workers
in
cash
and
providing
them
with
housing.
These
abuses
led
to
the
eventual
criminal
indictment.
While
this
isn't
the
only
set
of
circumstances
that
can
lead
to
a
criminal
indictment,
it
isn't
an
uncommon
fact
pattern
that
leads
to
that
consequence.
Most
employers
work
hard
to
ensure
they
are
in
compliance
with
federal
immigration
law.
For
those
employers,
the
likelihood
of
a
criminal
indictment
for
minor
errors
is
limited
to
none.
The
key
lesson
for
employers
is
to
ensure
you
complete
I-9
forms
for
all
your
employees
as
a
baseline
starting
point.
Once
those
forms
are
completed,
periodically
audit
your
I-9
file
to
ensure
you
have
not
made
errors
on
those
documents.
|
|
Immigration Reform Still Alive
|
10/10/2013
|
By: Donald Berner
|
The
topic
of
immigration
reform
was
hotly
debated
and
discussed
in
the
late
spring
and
early
summer
of
this
year
as
the
Senate
debated
a
bi-partisan
comprehensive
reform
bill. The
bill
was
ultimately
passed
in
the
Senate
and
attention
turned
to
the
House.
As
the
attention
turned
to
the
House,
immigration
reform
fizzled
a
bit
and
moved
to
the
back
burner
while
Obamacare
and
the
fiscal
crisis
took
center
stage.
In
a
little
noticed
event
on
October
2,
2013,
a
group
of
House
members
introduced
a
bill
that
more
or
less
tracked
the
immigration
reform
bill
passed
by
the
Senate.
Only
time
will
tell
whether
this
issue
gets
traction
in
the
House
in
the
next
few
months. It
may
be
a
slow
process
considering
the
fiscal
crisis
and
its
related
debate(s)
was
simply
postponed
until
early
2014.
As
we
move
into
2014,
this
is
one
worth
keeping
an
eye
on.
For
the
highlights
of
the
Senate
version
of
the
bill
click
here.
|
|
E-Verify Goes Dark
|
10/01/2013
|
By: Donald Berner
|
Employers
are
not likely
to
experience
much
disruption
due
to
the shutdown
of
the
federal
government. With
the
shutdown now
underway,
one
of
those
disruptions
is
now
perfectly
clear.
Employers
using
E-Verify
will
not
have
access
to
the
system
until
the
shutdown
comes
to
an
end. Employers
should continue
completing
I-9
forms
and
operating
business
as usual. Once
the shutdown occurs,
the
new
hires
will then
be
entered
into
E-Verify.
For those
employers
with
pending
tentative
non-confirmations, there will
be
additional
time
provided
to
allow for
a
resolution. Employers
should
continue to employ
any
individuals
in
this
circumstance
until
such
time
as
the
shutdown
ends.
Stay
tuned for
further developments regarding the
E-Verify
tool.
|
|
Immigration Reform Takes a Leap Forward
|
07/01/2013
|
By: Donald Berner
|
Late
last
week
the
Senate
passed
the
comprehensive
immigration
reform
bill
which
now
moves
the
issue to
the
House.
The
bill
included
provisions
related
to:
- The
mandatory
use
of
E-Verify
by
all
employers
within a
five
year
phase
in
period;
- A
long-term
path
to
legalization
for
those currently
in
the
U.S.
illegally;
- A
temporary
worker
program
for
low-skilled
non-agricultural
workers;
- A
program
to
help
legalize
undocumented
farm
workers;
- Minor
changes
making
the
H-1B
program
slightly
more
restrictive
for
employers;
- Additional
funding
for
border
security
issues;
and
- Funding
for
a
youth
jobs
program
through
fees
levied
on
employers
using
foreign
workers.
The
next
step
for
immigration
reform
is
for
the
House
to
deal
with
the
issue
of
immigration
reform.
While
the
Senate
was
taking
up
the
issue
of
comprehensive
immigration
reform,
the
House
was
simply
debating
individualized
bills
targeting
specific
items
of
interest
to
House
members.
The
step-by-step
approach
being
used
by
the
House
has
put
forward
a
number
of
bills
addressing
similar
issues
as
those
covered
in
the
Senate
bill.
Over
the
next
several
months,
the
House
is
likely
to
see
strong
debate
on
this
issue.
Stay
tuned
to
see
how
the
House
deals
with
the Senate
approved
version
of
immigration
reform.
|
|
Immigration Reform Bill Continues to Evolve
|
05/22/13
|
By: Donald Berner
|
The
Senate
Judiciary
Committee
continues
to
work
through
the
markup
process
on
the
comprehensive
immigration
reform
bill.
The
markup
process
is
where
the
committee
works
through
the
bill
making
revisions
prior
to
the
bill
arriving
on
the
floor
of
the Senate
for
full
debate.
There
have
been
a
couple
of
interesting
skirmishes
that
highlight
some
areas
of
disagreement
between
the
parties
on
the
use
of
E-Verify
and
the
low-skilled
worker
visas.
The
current
version
of
the
bill
contains
a four-year
phase-in
process
for
the
mandatory
use
of
E-Verify
with
the
implementation
based
on
employer
size
(larger
employers
sooner).
One
of
the
debated
changes
was
an
attempt
to
reduce
the
phase-in
process
to
eighteen
months.
This
attempt
failed,
but
this
amendment
will likely
be
debated
again
when
the
bill
moves
to
the
full
Senate
for
debate.
The
other skirmish
over
the
low-skilled worker
visa
focused
on
the number
of
visas
permitted per
year.
An
amendment
was
proposed to
double
the
number
of
visas
allowed
in
the
original draft
of
the
bill.
This
amendment
failed
to
gain
support
in
the
committee,
but
is
also
likely
to
be
debated
again
in the
full
Senate.
The
current
plan
is
for
the
bill
to
leave
the
mark-up
phase around
the Memorial
Day
holiday
time
frame.
This
timetable
might
be
a
bit
aggressive,
but
stay
tuned
as
the bill
will
arrive
in
the
full
Senate
soon
and
promises
to provide
some
interesting
debate.
|
|
Electronic Population of the Employee Section of the I-9 Form
|
05/08/2013
|
By: Donald Berner
|
Immigration
and
Customs
Enforcement
(ICE)
just
provided
employers
with
some
troubling
guidance
on
the
pre-population
of
the
employee
information
(Section
1)
portion
of
the
I-9
form. Employers
with
robust
human
resources
systems
that
integrate
the
I-9
form
into
the
mix may
have
reason
to
be
concerned
about
this
problematic new
guidance.
According
to
ICE,
the
pre-population
of
Section
1
is
not
acceptable
under
any
circumstance.
The ICE position
is
that
the
employee
must
complete
Section
1
of
the
I-9
form
themselves.
The notion
that
the
data
placed
into
Section
1
originates
from
employee
provided
data
carries
no
weight
with
ICE.
The
ICE view
is
that
any
pre-population
of
the I-9 form
based
on
data
input
into
a
human
resources
system
is
unacceptable.
Employers
that
continue
to
utilize
this
practice
may
find
themselves
at
significant
risk
should
ICE
conduct
an
audit
of
the
employer's
I-9
process.
This
change
in
position
is
a
fairly
dramatic
shift
in
ICE's
position
on
this employer
practice.
It
also
seems
to
be
a
bit
of
a
drastic
change,
considering
the
employee
is
reviewing
and
signing
the
data
placed
into
Section
1.
One
can
only
hope
ICE
changes
direction
on
this
decision.
|
|
Comprehensive Immigration Reform Bill Introduced
|
04/18/2013
|
By: Donald Berner
|
The
anticipated
comprehensive
immigration
reform
bill
was
finally
introduced
in
the
Senate.
The
bill
contains
provisions
designed
to
deal
with
a
variety
of
immigration
related
problems
in
the
current
legal
framework. The
general
changes
in
the
law
include:
- A path
to
legal
status
for
all
those
currently
illegally
in
the
United
States
- Enhanced
border
security
- Temporary
worker
programs
for
lower
skilled
workers
- Increased
visa
availability
for
the
H-1B
program
- Mandatory
use
of
E-Verify
- A
re-work
of
the
quota
system
for
employment
based
green
cards
to
allow
faster
access
for
prioritized
categories
of
workers
- A
new
merit-based
visa
category
to
allow
USCIS to
provide
visas
to
special
categories
of
individuals
The
proposal
put
forward
in
the
Senate
has
been
labelled
a
compromise
package
by
the
sponsoring
Senators.
The
current
thinking
is
the
bill
would
be
debated
in
the
full
Senate
in
late May
or
early
June.
The
bill
covers
a
wide-range
of
areas
of
concern
and
seems
to
truly
be
a
comprehensive
attempt
to
fix
a
number
of
areas
in
the
current
law
that
appear
to
be
broken.
There will
almost
certainly
be
changes
made
in
the
coming
weeks
as
the
bill
makes
its
way
through
the
committee
process. The
early
takeaway
for employers
seems
to
be improved
access
to
foreign
talent,
a
clean-up
of
the
existing
labor force, and
the
required
use
of
E-Verify.
We
will
keep
you
posted
as
the
bill
moves
forward
in
Washington.
|
|
H-1B Cap Hit in First Week of Filing Period
|
04/8/2013
|
By: Donald Berner
|
The
H-1B
filing
window
opened
up
for
FY2014
application
filings
on
April
1st
and
by
the
end
of
the
first
week
of
April,
the
window
is
now
closed. USCIS will
be
conducting
a
lottery
in
the
coming
week
or
so
to
decide
which
applicants
will
be
accepted
and
processed.
The
total
number
of
applications
received
exceed
the
H-1B
by
about
40,000.
This
is
the
first
year
in
the
last
several
in
which
the
H-1B
quota
has
been
reached
in
the
initial
filing
window. Stay
tuned
as
the
lottery
is
conducted.
|
|
Immigration Reform Still Being Discussed
|
04/01/2013
|
By: Donald Berner
|
I
saw
a
news
story
last
night
about
the
AFL-CIO
(union
federation)
and
the
U.S.
Chamber
of
Commerce
striking
a
compromise
deal
related
to
guest
worker
type
programs.
The
gist
of
the
story
is
that
these
two
adversaries
have
reached
an
agreement
on
how
to
bring
in
temporary
workers,
which
is
expected
to
be
a
big
part
of
any
immigration
reform
legislation.
This
agreement
is
a
big
step
forward
in
the
overall
effort
to
create
a
comprehensive
immigration
reform
package.
This
agreement
may
signal
a
push
is
underway
to
finalize
the
legislative
package
to
bring
immigration
reform
to
the
top
of
the
legislative
agenda
in
Washington.
|
|
H-1B Filing Season Rapidly Approaching
|
03/15/2013
|
By: Donald Berner
|
The
H-1B
visa
filing
season
is
upon
us.
Each
year,
USCIS approves
up
to
85,000
H-1B
visas,
which
permit
specialty
occupation
employees
to
travel
to
and
work
in
the
United
States.
This
cap
of
85,000
visas
is
not
sufficient
to
meet
all
of
the
demand
for
applications
during
a
given
fiscal
year.
In
the
last
several
years,
the
cap
has
been
reached
at
some
point
in
the
late
summer
or
early
fall.
This
year
the
expectation
is
that
demand
for
H-1B
visas
will
return
to
somewhat
normal
levels,
as
the
U.S. economy
seems
to
have
rebounded.
What
does
that
mean
for
someone
interested
in
obtaining
an H-1B
visa
for
a
potential
employee?
The
filing
window
will
open
on
April
1st
for
employees
to
start
work
on
October
1st
of
2013,
and
the
basic
assumption
is
that
all
visa
slots
for
fiscal
year
2014
will
be
used
up
in
the
first
few
days
of
the
filing
period.
So
if
you
are
planning
an
H-1B
filing,
don't
be
late.
If
your
application
isn't
ready
to
file
for
an
April
1
arrival
at
USCIS,
you
might
be
waiting
until
October
of
2014.
|
|
USCIS Issues New Version of I-9 Form
|
03/09/2013
|
By: Donald Berner
|
The
USCIS released
a
new
version
of
the
I-9
on
March
8,
2013.
Employers
should
begin
using
the
new
I-9
form
immediately.
The
old
version
of
the
form
can
continue
to
be
used
until
May
7,
2013.
The
new
I-9
form
contains
very
little
in
the
way
of
new
information
employers
are
required
to
collect
from
employees.
The
primary
difference
in
the
new
form
is
the
inclusion
of
email
and
phone
number
boxes
for
the
employees
in
Section
1.
While
the
form
itself
doesn't
designate
these
boxes
as
optional,
the
instructions
to
the
new
form
reflect
that
these
two
boxes
are
not
required.
The
employee
can
choose
to
provide
the
contact
data
or
simply
put
N/A
in
those
boxes.
The
real
impact
of
the
new
look
I-9
is
the
layout.
Instead
of
cramming
all
the
required
information
into
one
single
page,
the
employee
portion
is
now
one
page
and
the
employer
portion
is
now
a
second
page.
This
allows
the
form
to
make
it
much
clearer
where
data
is
to
be
recorded
in
each
area
of
the
form.
This
change
is
likely
to
reduce
the
number
of
I-9
forms
filled
out
with
data
on
the
wrong
line
or
incomplete
forms.
You
can
find
the
new
form
on
the
USCIS
website
in
a
downloadable
PDF
here.
|
|
Immigration Reform in 2013?
|
01/17/2013
|
By: Donald Berner
|
Every
so
often
the
topic
of
immigration
reform
comes
to
the
forefront
in
Washington.
In
years
past,
the
debate
would
rage
for
periods
of
time
and
then
the
effort
would
stall
out
amidst
political
fighting
over
various
elements
of
the
"reform"
needed.
There
are
a
wide-ranging
number
of
interest
groups
fighting
for
and
against
various
types
of
reform.
What
can
we
expect
in
2013?
Considering
the
last
election
cycle
and
the
behaviors
of
certain
demographic
groups
in
that
cycle,
a
comprehensive
effort
to
reform
the
U.S.
immigration
system
is
a
bit
more
likely.
At
least
right
at
this
moment.
My
thought
on
that
only
applies
if
some
other
hot
potato
social
or
economic
agenda
item
does
not
interfere
with,
or
take
priority
over,
immigration
issues.
At
this
point,
several
things
look
likely,
to
include:
- An
amnesty-style
program
of
some
sort
for
those
currently
in
the
country
illegally
or
without
status;
- Changes
to
the
visa
allocation quotas/system
to
allow
those trying
to
immigrate
the
right
way
to
get
out
of
the
long
lines
and
backlogs
created
by a
shortage
of
available
slots;
- The
inclusion
of a
guest-worker
type
program
to
allow
for
lower-skilled
workers
to
come to
the
U.S.
to
fill
temporary
needs
for lesser-skilled
labor;
and
- A
requirement
that
employers
verify
the
legal
status
of
workers
(read
this to
mean
mandatory
E-Verify
for
all
employers).
The
idea
of
immigration
reform
typically
brings
out
vocal advocates on
all
sides
of
the equation.
Stay tuned
over
the
next
six months
as things
heat
up
in
Continue Reading...
|
|
Dealing with Work Authorization Concerns
|
11/09/2012
|
By: Donald Berner
|
The
recent
news
regarding
the
Immigration
and
Customs
Enforcement
(ICE)
actions
in
Wichita
involving
a
local
McDonald's
franchise
highlights
the
risk
for
employers
with
respect
to
employee
work
authorization.
This
arena
involves
a
wide-ranging
variety
of
fact
patterns
for
employers
to
work
through
as
no
two
cases
are
ever
exactly
alike.
The
key
points
for
employers
to
consider
are:
- I-9:
Make
sure
your
I-9
process
is
being
conducted
properly
and
that
your
I-9
documents
are
being
fully
and
accurately
completed.
In
addition,
conduct
periodic
audits
of
your
completed
I-9
collection
to identify
any
shortcomings
in
your
process
and
follow-up
on
those
shortcomings
to
ensure
the
process
is
working
as
intended.
- Stray
Information:
Promptly
respond
to
all
information
that
calls
into
question
the
work
authorization
of
one
of
your
employees.
This
can
be
a
very
tricky
issue
for
employers
since
there
can
be
varying
levels
of
information
presented
which
may
or
may
not
be
legitimate.
The
source
of
the
information
should
be
evaluated
in
determining
the
proper
response
to
the
situation.
The
key
point
for
employers
on
this
issue
is
not
to
bury
your
head
in
the
sand
and
ignore
the
information.
Ignoring
can
lead
to
a
very
negative
outcome
at
some
point
in
the
future.
- Social
Security
Problems:
While
somewhat
like
the
stray
information
category,
there
are
a number
of
ways
a
social
security
number
problem
can
arise.
Anytime
the
concern
is
generated
by
some
sort
of
action
by
the
Social
Security
Administration,
Continue Reading...
|
|
U.S. Attorney Serves up an Unhappy Meal to Wichita McDonald's Franchise
|
11/02/2012
|
By: Donald Berner
|
On
a
night
when
most
of
the
kids
in
Wichita
are
going
door-to-door
dressed
in
scary
costumes
declaring
trick
or
treat,
the
U.S.
Attorney's
office
served
up
a
very
scary
and
unpleasant
trick
on
a
local
Wichita
business.
The
press
release
issued
by
the
Immigration
and
Customs
Enforcement
agency
(ICE)
reflects
that
the
business
was
charged
with
one
felony
count
for
knowingly
accepting
a
fraudulent
identification
document.
At
some
point
in
the
past,
the
employer
was
made
aware
of
an
employee
with
a
bad
social
security
number.
The
employer
followed
up
by
asking
for
documentation
to
prove
the
employee
was
authorized
to
work
in
the
U.S.
The
employee
provided
a
permanent-resident
card,
and the
employer
updated
the
employee's
I-9
documentation.
ICE took
the
position
that
the
employer
was
aware
the
permanent-resident
card was
not
legitimate
because
of
the
speed
with
which
the
employee
obtained
the
documentation. The
ICE press
release
indicates
a
plea
agreement
is
in
the
works,
and
the
company
will
pay
out
$400,000
in
fines
and
forfeitures
to
the
federal
government as
a
result
of
the
agreement.
Read
the
ICE press
release
here.
|
|
J-1 Visa Waivers for Physicians Under the Conrad 30 Program
|
10/04/2012
|
By: Donald Berner
|
The
new
government
fiscal
year started
on
October
1st
which
means
it
is
time
to
begin
preparing
and
filing
J-1
visa
waiver
applications
for
physicians
under
the
Conrad
30
program.
The
program
is
used
by
medical
employers
(hospitals,
clinics,
practice
groups,
etc.)
to
hire
foreign
physicians
to
work
in
medical
provider
shortage
areas
(HPSA
or
MUA)
or
outside
of
shortage
areas
but
providing
care
to
residents
within
shortage
areas.
The
program
provides
Kansas
employers
with
a
great
tool
to
recruit
physicians
to
these
shortage
areas.
For
more
information
click
here.
|
|
Foreign Students and Work Authorization
|
07/20/2012
|
By: Donald Berner
|
One
of
the
more
confusing
work
authorization
scenarios
I
see
clients
dealing
with
relates
to
when
a
foreign
student
is
authorized
to
work
in
the
United
States.
The
default
rule
is
that
a
student in
the
U.S. with
an
F
visa
(the
typical
one
used
by
students)
is
not
permitted
to
work. Students
typically
gain
the
ability
to
work
in limited
ways. A
student
may
gain
work
authorization
via a
curricular
practical
training
program
(CPT)
or
via an
optional
practical
training
program
(OPT). These
programs
differ
quite
a
bit. A
student
working
via CPT
will
have
the
ability to
work
for
a
limited
period
of
time
and
for a
specific
employer
as
part
of
a
school
sponsored
training
program. A student
working
via
OPT
will
have
an
employment
authorization document
(EAD) which
will
allow
a much
longer
period
of
employment with
no
specific
employer
restrictions. If
your
company employs
a
foreign
student,
make
sure you carefully
evaluate whether
the individual
has
proper
work
authorization
documents to
work
for
your
company
and
ensure
you
carefully
note
the
expiration
of
that
work
authorization.
|
|
Immigration Debate Likely to Continue
|
07/03/2012
|
By: Donald Berner
|
What
better
time
to
consider
the
issue
of
immigration
than
on
the
eve
of
the
4th
of
July.
As our
nation
of
immigrants
gathers
together
to celebrate
the
birth
of
our
nation,
the
issue
of
immigration
reform
should
continue
to
garner
attention
over
the
next
year.
In
the
last
month,
the
U.S. Supreme
Court
upheld
the
central
piece
of
the
controversial
Arizona
immigration
statute
and
the
Obama
White
House
announced
an
intention
not
to
enforce
deportation
against
a
selected
group
of
young
illegal
aliens.
Both
events
have
sparked
significant
interest
in
the
issue
around
the
country
and
should
fuel
a
continued
debate
over
immigration
reform.
While
the
Supreme
Court's
upholding
of
the
"show
me
your
papers"
provision
seemed
to
garner
more
attention,
the
enforcement
suspension
is
likely
to
result
in
a
much
larger
impact
to
employers
and
illegal
aliens.
The
Department
of
Homeland
Security
(DHS)
will
provide
more
detail
in
the
coming
weeks
regarding
President
Obama's
announcement,
but
the
short
version
is
that
a
status
called
deferred
action
will
be
conferred
on
those
who
meet
the
limited
eligibility
criteria
set
forth
by
DHS.
Once
that
status
is
granted,
those
individuals
will
be
able
to
apply
for
and
receive
work
authorization
documents.
As
DHS
publishes
the
program
criteria,
there
is
bound
to
be
a
significant
amount
of
attention
paid
to
this
issue.
This
upcoming
debate
may
provide
some
momentum
for
a
more
comprehensive
set
of
immigration
reforms.
For
more
information
on
the
enforcement
suspension
click
here.
|
|
Green Cards, Hostile Environments, and March Madness
|
03/16/2012
|
By: Donald Berner
|
Who
would've
thought
March
madness
would
provide
an
opportunity
to
comment
on
immigration
law
and
harassment issues?
During
yesterday's
first
round
tournament
game,
a
Kansas
State
player
was
fouled
and
went
to
the
free
throw
line
to
shoot
two
free
throws. Like
any
good
crowd,
the
Southern
Mississippi
fans
tried
to
get
in
his
head
to
cause
him
to
miss
the
free
throw.
The
problem
is
they
whipped
out
the
"Where's
your
green
card? Where's
your
green
card?"
chant
because
the Kansas
State
player
is
Hispanic.
The
player
is
actually
from
Puerto
Rico
and grew
up
in
Miami.
And
he
is a
U.S.
citizen,
just
as
surely
as the
misguided
Southern
Miss
students
who
originated the
chant.
While
the
idea
on
the
basketball
court
is
to
create
a
hostile
environment
for
your
opponents,
it
isn't
likely
that
a
"Where's
your
green
card?"
chant
is something Southern
Miss
administrators wanted
to
hear. This
type
of
behavior
is
never
acceptable,
whether
at
a
sporting
event
or
in
the
workplace.
These
types
of
comments
are
becoming
more
commonplace,
particularly
as
the
various
state
legislatures
debate
and/or
enact
legislation
relating
to
immigration
and
worker
documentation. And
it's comments
like
these
that
employers
dread.
Imagine
if
employees
in
your
workplace
were
treating
Hispanic
co-workers
in
this
manner. In
the
case
of
the
basketball
game, Southern Miss
will
take
some
disciplinary
actions
against
its
students and
that
is
likely
to
be
the
end
of
it.
In
the
workplace,
those kinds
of
comments
may
lead
to
an
EEOC charge
and
maybe
even
a
slam
dunk.
For
those
who
want
to
see
the
video
click
here.
You'll have
to
turn
up
Continue Reading...
|
|
H-1B Filing Season Set To Begin
|
03/09/2012
|
By: Donald Berner
|
The
H-1B
visa
filing
period
for
fiscal
year
2013,
which
begins
on
October
1,
2012,
will
open
on
April
2,
2012.
Employers
may
begin
requesting
H-1B
visas
on
behalf
of
qualified
foreign
individuals
who
intend
to
start
work
on
October
1,
2012.
In
the
last
few
years,
the
H-1B
quota
for
the
fiscal
year
has
remained
unused
through
the
late
fall
or
early
winter.
Historically,
the
H-1B
quota
for
the
fiscal
year
was
exhausted
by
the
applications
filed
in
the
early
April
filing
window.
While
the
usage
rate
for
FY2013
H-1B
visas
is
hard
to
predict,
employers
would
be
wise
to
consider
filing
any
needed
H-1B
applications
in
April
to
avoid
ending
up
with
no
ability
to
access
an
H-1B
visa
later
in
the
year
due
to
the
annual
quota
being
hit.
|
|
Be My Valentine and Dump That I-9
|
02/14/2012
|
By: Donald Berner
|
So
first
off,
there
is almost
no
connection
between
the
love
we
might
express
on
Valentine's
Day
and
I-9
forms. If
any
of
you say I-9
form
and
love
in
the
same
breath,
your
sanity
will
surely
be
questioned;
however,
if
we
talk
about
throwing
out
old
I-9
forms,
we
might
be
able
to
insert
I-9
and
love
into
the
same
sentence.
If
you
are
not
destroying
I-9
forms
for
former
employees,
it
is
time
to
consider
your
I-9
retention
practices.
As
all
of
you
know,
employers
are
required
to
complete
and
maintain
I-9
forms
and
supporting
documents
for
each
employee.
In
conducting
audits
and
visiting
with HR teams,
the
issue
of
maintaining
(retaining
I-9
forms)
is
an
area
where
employers
tend
to
err.
It
seems
that
a
lot
of
employers
maintain
I-9
forms
forever
when
there
is
no
requirement
to
do
so. The
I-9
retention
rules
are
fairly
straight
forward.
An
employer
is
required
to
retain
an
I-9
form
for
any
current
employee.
Employers
are also
required to maintain
I-9
forms
for
a
minimum
of
three
years.
Once
the
employee
terminates
employment
with
the
company,
the
I-9
must
be
retained
for
at
least
one
year
following
termination.
While
a
little
convoluted,
the
rule
is
fairly
simple.
The
I-9
must
be
retained
for
at
least
three
years
and
for
at
least
one
year
following
an
employee's
termination
of
employment.
Here
are
a
couple
of
examples
to
help
clarify:
Employee
1
starts
work
on
August
1,
2007
and
remains
employed
today.
Since
the
employee
is
a
current
employee
we
continue
to
retain
the
Continue Reading...
|
|
New Immigration Laws Likely On Legislative Agenda
|
01/06/2012
|
By: Boyd Byers
|
There
are
an
estimated
65,000
illegal
immigrants
in
Kansas.
As
we
previously
reported,
Kansas
lawmakers
are
expected
to
debate
tougher
laws targeting
these
immigrants
when
the
2012
legislative
session
opens
on
Monday, January
9.
One
proposal
likely
to
receive
serious
consideration
is
a
requirement
that
companies doing
business
with
the
state
use
the
federal
E-Verify
system
to
check
workers’
status.
Business
groups
have
expressed
concern
about
the
cost
of
compliance
with
such
potential
new
hiring
and
employment
requirements.
We’ll
keep
you
posted
on
these
and
other
legislative
developments
that
affect
employers
in
Kansas.
|
|
Supreme Court News
|
12/12/2011
|
By: Boyd Byers
|
One
perk
of
being
on
the
U.S.
Supreme
Court
is
that
you
get
to
decide
which
cases
you
want
to
hear
and
which
ones
you
don’t. Most
cases
cannot
be
appealed
to
the
Supreme
Court
as
a
matter
of
right. So
a
losing party
seeking
Supreme
Court
review
must
file
a
petition
for
writ
of
certiorari,
which
must
be
granted
by
at
least
four
of
the
nine
Justices. (In
case
you're
wondering,
which
you
probably
aren't,
"certiorari" is
a
Latin
word
meaning "to
be
more
fully
informed.") The
Court
“grants
cert.”
to
only
about
one
percent
of
the
petitions.
Today
the
Supreme
Court
agreed
to
review
one
employment-law
case
and
declined
to
review
another. The
High
Court
agreed
to
review
the high-profile
case
involving
the 2010
Arizona
immigration
law
that
has
been
copied
by
several
other
states. The
Court
will
decide
whether
federal
immigration
law
preempts
a
state
immigration
law
that,
among
other
things,
makes
it
a
crime
for
an
undocumented
alien
to
seek
employment. However,
the
Supreme
Court
declined
to
review
a
Tenth
Circuit
Court
of
Appeals
ruling
that federal
sector
Age
Discrmination
in
Employment
Act
(ADEA)
claims
are
subject
to
the
same
"but
for"
causation
standard
as
private
sector
ADEA
claims.
|
|
The End of the Road for FY2012 H-1B Filings
|
11/28/2011
|
By: Donald Berner
|
The
USCIS announced
that
the
H-1B
cap
for
fiscal
year
2012
was
reached
last
week. This
means
no
more
H-1B
visas
will
be
available for
employer
use
until October
1, 2012,
when
fiscal
year
2013
visas
become
available. The
filing
period
for
the
2013
fiscal
year
H-1B
visas
will
begin
on
April
1, 2012.
In
the
meantime,
employers that
had
been
considering
the
use
of
an
H-1B
visa
should
begin
evaluating
other
immigration
options.
These
numbers may
signal a
rebound
in
hiring
of
the
professional employees
this
visa
category
represents.
Last
year
the
H-1B
cap
was
not reached
at
the
end
of
January.
This
upswing
in
hiring
of
H-1B
visa
candidates
is
a
heads
up
to
those planning
to
hire
H-1B
candidates
next
year. If
your
company
has
a
need
to
hire
H-1B
candidates,
it is
advisable
to be
prepared
to
take action
on
those
hiring
plans
with
an H-1B
application
filing
in
April 2012. Prior
to
the
economic
downturn,
the
norm
was
for
all
H-1B
slots
for
a
fiscal
year
to
be
allotted
during the
initial
wave
of
filings
in
April. We
may
be
returning
to that
type
of
environment
for
H-1B
visa
applications.
For
the
text
of
the
USCIS press
release
click
here.
|
|
Will More Green Cards Become Available?
|
11/15/2011
|
By: Donald Berner
|
The
process
for
obtaining
a
permanent
resident
card
(green
card)
can
be
a
time
consuming
process
filled
with
years
of
waiting
in
line
for a
spot
under
the
currently
limited quotas.
The waiting
time varies
depending
on
(1)
the
category
under
which
the
individual
is
eligible
for
permanent
residence
and
(2) the individual's
home
country. Federal
lawmakers
recently
introduced a
bill
called The
Fairness
for
Highly
Skilled
Immigrants
Act.
The
bill
is
designed
to
increase
the
quotas
for
a
variety
of
categories.
This
would
allow persons
currently
waiting
in
lines
lasting
years to
move
through
the
process
more
quickly.
It
would
also
allow
future
applicants
for
permanent
residence
in
the
United
States
to
acutally
obtain
permanent
residence
in a
timely
fashion.
Stay
tuned
as
this
bill
is
sure
to
be
debated
and
discussed
in
the
coming
months.
|
|
More Bad News About I-9's
|
11/8/2011
|
By: Donald Berner
|
Immigration
and
Customs
Enforcement
(ICE) is
continuing
to
issue
Notices
of
Inspection
(NOI) to
employers
across
the
country.
These
ICE NOIs
require
employers
to
provide
I-9
forms
and
various
payroll
related
information
to
ICE.
The
increase
in
these
type
of
inspections
being
conducted
by
ICE
is
significant.
Over
the
last
three
to
four
years,
the
number
of
inspections
has
more
than
tripled. For
employers
getting
a
NOI,
it
can
be
a
costly
experience. While
some
of
the
inspections
may
be
being
conducted
on
a
random
basis,
the
more
likely
sceenario
is
that
ICE
has
targeted
the
employer
based
on
tips,
complaints,
or
leads
developed
from
a
variety
of
sources.
Employers
should
respond
carefully
upon
receiving
an
NOI
from
ICE.
The
real
preventative
medicine
for
employers
is
to
conduct
an
audit
of
your
existing
I-9
documents
as
well
as
review
your
I-9
completion
practices
to
ensure
the
documentation
is
all
in
order.
In
addition,
employers
should
consider
the
pros
and
cons
of
signing
up
to
participate
in
the
E-Verify
system
as
part
of
the
employer's
comprehensive
compliance
strategy.
|
|
H-1B Cap Update for Fiscal Year 2012
|
10/18/2011
|
By: Donald Berner
|
The
H-1B
visa,
the
one
most
commonly
used
by
employers
to
bring
specialized
workers
to
the
United
States
on
a
temporary
basis,
is
subject
to
an
annual
cap/quota. The
annual
counting
period
tracks
the
federal
fiscal
year
schedule
and
runs
from
October
to
September.
Employers
may
apply
for
employee
start
dates
up
to
six
months
in
advance
of
the
date.
In
a
nutshell,
employers
can
start
seeking
numbers
against
the
fiscal
year
cap
starting
in
October
as
early
as
April
1.
For
example,
employers
could
request
an
H-1B
visa
on
behalf
of
an
employee
on
April
1,
2011,
with
a
starting
date
of
October
1,
2012
(part
of
fiscal
year
2012).
After
six months
of
usage,
approximately
20,000
numbers
remain
available.
If
this
year
follows
the
pattern
of
last
year,
the
remaining
numbers
under
the
cap
are
likely
to
be
used
up
around
the
end
of
December
to
the
end
of
January
time
frame.
Here
is
the
link
to
the
cap
counting
page
on
the
USCIS
website.
|
|
Court Is Now In Session
|
10/03/2011
|
By: Boyd Byers
|
October
is
my
favorite month
of
the
year.
Warm,
sunny
days,
followed
by
cool,
crisp
nights.
Colorful
foliage.
Fall
festivals.
College
football.
Playoff
baseball.
And,
of
course,
the
start
of
another
U.S.
Supreme
Court
session.
The
Supreme
Court
reconvened
today,
the
first
Monday
in
October. There
are
several
employment-law-related
cases
on
the
docket.
Perhaps
the
most-anticipated
case
before
the
Justices
is
the
legal
challenge
to
the
Affordable
Care
Act
(health
care
reform
law).
Another
closely
watched
case
will
address
whether
Arizona’s
tough
immigration
law
is
preempted
by
federal
law.
The
High
Court
will
also
decide
whether
the
“ministerial
exemption”
to
the
ADA
applies
to
a
religious
teacher
at
a
church
school,
and
whether
states
can
be
sued
under
the
FMLA’s
“self-care”
provision
for
failing
to
provide
employees
with
12
weeks
of
unpaid
leave
for
their
own
serious
health
condition.
Kansas
Employment
Law
Blog
will
keep
you
up
to
date
as
these
and
other
cases
affecting
employers
are
decided.
|
|
E-Verify For Everyone?
|
09/25/2011
|
By: Donald Berner
|
Last
week
a
new
bill
made
its
way
out
of
the
House
Judiciary
Committee
in
Washington
and
now
is
in
a
position
to
come
before
the
House
as
a
whole.
The
bill,
titled
the
Legal
Workforce
Act
of
2011
(HR
2885),
would
require
all
employers
to
participate
in
the
E-Verify
system.
Currently, participation
is mandatory
only
for
certain
federal
contractors
and
employers
located
in
states
with
mandatory
E-Verify
state
law
provisions.
While
the
bill
still
has
a
long
journey
ahead
of
it
before
becoming
a
law,
it
is
something
employers
should
be
considering
as
they
decide
whether
to
voluntarily
opt
in
to
using
the
E-Verify
system.
As
usual,
the
political
rhetoric
in
Washington
surrounding
immigration-related
topics
is
heated.
The
difference
this
go-around
is
the
weak
economy
and
the commentary
about
ridding
the
workforce
of illegal
aliens
being
a
jobs
package
for unemployed Americans. Stay
tuned
as
the
debate
moves
towards
the
full
House
in
the near
future. To
catch
a
glimpse
of
the
political
commentary
click
here for
the press
release
issued
by
the
bill's
sponsor.
|
|
Immigration Scam Artists
|
8/9/2011
|
By: Donald Berner
|
Earlier
this
summer
several
federal
government
agencies
announced
an
initiative
targeting
immigration
services
scams.
While
this
initiative
makes
reference
to
protecting
innocent
and
unsuspecting
immigrants,
the
same
can
be
said
for
some
employers.
These
immigration
services
sometimes
convince
employers
they
are
capable
of
solving
their
work
authorization
problems
for
some
of
their
employees.
In
most
circumstances,
the
employer
tries
to
help
these
employees
and
can
be
duped
by
these
scam
artists
just
like
individual
immigrants.
If
your
company
is
approached
by
a
service
promising
to
provide
you
with
"legal"
workers,
remember
the
old
adage:
If
it
sounds
too
good
to
be
true,
it
probably
isn't
true.
If
this
happens
in
your
workplace,
you
should
consult
your
own
legal
counsel
to
ensure
you
are
not
unwittingly
being
put
into
a
risky
position. For
text
of
the
news
release
click
here.
|
|
Some Thoughts on I-9 Compliance
|
8/2/2011
|
By: Donald Berner
|
The
I-9
form
has
become
a
routine
part
of
the
hiring
process.
Most
employers
don't
give
much
thought
to
the
I-9
once
the
hiring
process
is
completed.
The
form
is
filled
out
and
promptly
tossed
into
the
I-9
file,
never
to
be
seen
again
(unless
the
government
visits).
If
this
describes
your
company,
you
might
consider
changing
that
practice.
It
is
a
good
idea
to
conduct
an
audit
of
your
own
I-9
documents
on
a
periodic
basis
to
ensure
your
company
is
in
compliance.
The
penalty
for
failing
to
properly
comply
with
the
I-9
requirements
ranges
anywhere
from
$110
to
$1,100
per
violation.
This
can
add
up
extremely
fast.
Here
are
a
few
things
to
consider
as
you
review
your
company's
I-9
documents:
1.
Did
the
employee
completely
fill
out
the
top
section
of
the
form?
Make
sure
each
line
is
completed
and
that
the
employee
signed
and
dated
the
document.
2.
Are
the
entries
in
the
document
section
fully
completed?
Make
sure
each
of
the
lines
is
completed
to
the
fullest
extent
possible.
One
common
error
in
this
part
of
the
I-9
is
the
failure
to
list
the
issuing
authority
for
the
document.
3.
Are
you
properly
utilizing
List
A,
B,
and
C
documents? Remember
--
List
A
is
enough
by
itself.
If
you
use
documents
from
List
B
or
List
C,
they
are
used
as
a
package.
Your
form
should
either
have
one
document
in
List
A
or
a
document
in
List
B
and
C
together.
4.
Consistency
check
the
documents
against
the
Continue Reading...
|
|
I-9 Audit Sweep Set to Begin
|
07/12/2011
|
By: Donald Berner
|
ICE
(Immigration
and
Customs
Enforcement)
recently
announced
the
start
of
another
large
scale
effort
to
conduct
I-9
audits
across
the
country.
The
most
recent
announcement
indicated
ICE
would
conduct
over
1,000
audits
in
the
later
part
of
this
summer
which
is
similar
to
a
large
wave
of
audits
conducted
in
February
of
this
year.
This
most
recent
wave
signals
a
continuation
of
the
strong
commitment
made
by
President
Obama
to
ensure
employers
were
in
compliance
with
the
I-9
requirements.
Employers
should
expect
to
see
an
increasing
number
of
these
types
of
audits
as
ICE has
established
a
new
centralized
inspection
center
to
allow
for
the
processing
of
higher
volumes
of
audits
than
in
the
past.
If
you
haven't
done
so
lately,
now
would
be
a
good
time
to
self-audit
your
own
I-9
collection
to
best
position
your
company
should
you
end
up
on
the
list
of
lucky
employers
being
audited.
|
|
Comprehensive Immigration Reform -- Is it Back on the Table?
|
05/11/2011
|
By: Donald Berner
|
President
Obama
raised
the
issue
of
immigration
reform
during
a
recent
speech
in
El
Paso.
While
no
specific
legislation
has
been
introduced,
the
White
House
continues
to highlight
a
set
of
goals
for
comprehensive
immigration
reform.
The
general
approach
includes:
- A
path
to
citizenship
for
illegals
currently
in
the
country
(requiring
a
penalty,
tax
payments,
and
English
proficiency);
- Provision
of
legal
status
for
individuals
who
graduate from
U.S.
colleges
if
they
chose
to
remain
and
start
a
business;
and
- The
ability
for
illegals
brought
to
the
U.S.
as
children
to
remain
as
citizens
and
receive
educational
opportunities.
Stay
tuned
as
the
discussion
on immigration
reform
continues
across
the
country.
This
is
a
hot-button
issue
with
politicians
(and
voters)
at
both
the
federal and state
levels
across
the
nation.
|
|
Social Security No-Match Letters Return
|
04/26/2011
|
By: Donald Berner
|
A
few
weeks
ago,
the
Social
Security
Administration
(SSA) issued its
first batch
of no-match
letters
to
employers
with
the
expectation
that
more
letters
will
be
sent
out
in
the
near future.
These
were
the
first
no-match
letters to
go
out
to
employers
since
2007.
The
lack
of
letters
over
the
last
few
years
was
the
result
of
ongoing
litigation
related
to
the
issuance
of
the
no-match
regulations
that
were
ultimately
withdrawn. With
an
end
to
the
litigation, the
SSA no-match
letters
return.
For
those
new
to
HR,
the
no-match
letter
is
a
tool
used
by
the
SSA to
try
and
resolve
discrepancies
when
an
individual's
name
and
social
security
number
don't
match.
The
intendend
purpose
of
the
letter
is
for
employers
and
employees
to
become
aware
of
the
problem
and
resolve
it
by
correcting
workplace
records
or
working
with
the
SSA.
For
employers
receiving
these
letters,
it
is
important
to
handle
them
with
some
care.
The
receipt
of
a
no-match
letter
is
not
intended
in
any
way
to
signal
to
an
employer
that
an
employee
is
not
authorized
to
work
in
the
United
States.
The
no-match
letter
should
set
in
motion
a
series
of
steps
designed
to
confirm
employer
data
being
reported
to
SSA
and/or
the
sending
of
an
employee
to
visit
the
local
SSA office
to
resolve
any
discrepancies.
The
bottom
line
is
that
employers
must
balance
between
taking
a
course
of
action
that
is
too
aggressive
yet
ensuring
the
potential
concerns
raised
by
a
no-match
situation
are
not
simply
ignored.
Information
published
by
the
Department
of
Justice
on
this
topic
can
Continue Reading...
|
|
Learning A Lesson -- H-1B Prevailing Wage Violation
|
04/12/2011
|
By: Donald Berner
|
The
Department
of
Labor
(DOL)
recently
penalized
the
Prince
George's
County
school
system
for
its
failure
to
properly
pay
H-1B
workers.
In
the
case
of
an H-1B
worker,
the
employer
must
pay
the
employee
at
least
the
prevailing
wage
amount
established
for
the
position.
The
prevailing
wage
system
is
designed
to
ensure
that
foreign
labor
is
not
used
to
lower
the
U.S.
wage
base
in
a
given
occupation.
While
the
announcement
is
unclear,
the
problematic
issue
for
the
school
is
likely
to
have
been
the
requirement
the
H-1B
worker
pay
some
or
all
of
the
fees
for
the
preparation
of
the
H-1B
application
packages.
Generally
speaking, it
can
be
permissible
for
the
employer
to
require
an
employee
to
pay
the
legal
fees
associated
with
any
H-1B
filing
so
long
as these
costs
do
not effectively
lower
the
employee's
wage
rate
below
the
prevailing
wage
rate. For
purposes
of
compliance,
H-1B
employers
should
view
the
prevailing
wage
as
the
minimum wage
for
an
H-1B
employee.
In
addition
to
the
prevailing
wage
floor,
employers
with
H-1B
employees
should
also
be
mindful
of
how
the
H-1B
employee's
compensation
compares
to
his/her
peers
in
the
job
classification. Dropping
below
one
of
these
floors
can create
a
backpay
liability
issue
for
an
H-1B
employer.
In
addition
to
the
attorneys'
fees
concerns,
there
is
also
a
government
filing
fee
cost associated
with
the
H-1B
program. While
a
payment
of
the
attorneys'
fees
amount
can
be
permissible,
employers
are
not
permitted
to
require
the
employee
to
pay
the
government
filing
fees
associated
with
the
H-1B
application
process.
For
the
Continue Reading...
|
|
E-Verify Now Provides For Limited Self-Checking
|
04/05/2011
|
By: Donald Berner
|
A new
pilot
program
has
been
added
to
the
E-Verify
system
to
allow
individuals
to
check
themselves
and
correct
any
problems
that
might
prevent
them
from
being
verified.
This
feature
is
currently
only
available
to
individuals
in
Arizona,
Colorado,
the
District
of
Columbia,
Idaho,
Mississippi,
and
Virginia.
It
is
expected
this self-check
feature
will
be
expanded
and
rolled
out to
individuals
living
in
other
states. The
addition
of
this
capability
seems
to
be an
attempt
to
remedy
the
concern
that
the
E-Verify
system is
prone
to
error
and
may
cost authorized
workers
a
job opportunity
as
workers
will
be
able
to
check
their
own
data
and correct
any
problems
prior
to
applying
for
employment.
What
does
this
mean
for
Kansas
employers? In
the
short-term, not
much.
In
the
long-term, this
appears
to
be
one more
step
down
the
path
to
an
eventual
national
requirement
for
all employers
to
use
the
E-Verify
system.
One
of
the
historical
concerns
with E-Verify
is
the
potential
error
rate. With
the
implementation
of
state
laws
in
several
states
mandating
use of
E-Verify
and
the
federal
contractor
requirement, the
scope of
participating
employers
has
grown
considerably.
This
self-check
option
is
a
great
way
to
address
any
concerns
about
employee
fear
of
errors
in
the
system.
When
it
is
all
said
and
done,
don't
be
surprised
if
you
start
to
hear
talk
of all
employers
being
required
to
use
E-Verify
as
part
of
the
I-9
process.
|
|
H-1B Filing Season Approaching
|
3/8/2011
|
By: Donald Berner
|
The
filing
period
for
H-1B
visa
applications counting
against
fiscal
year
2012
(October
2011
-
September
2012) opens
on
April
1,
2011. These
applications
can
be
for
individuals
intending
to
start
work
on
October
1,
2011.
While
October
is seven
months
away,
it
is
important
for
employers
intending
to take
advantage
of
the
H-1B
visa
program
to
think
ahead. The
economic
downturn
over
the
last
few
years
has
left
H-1B
visa
numbers
available to
employers
through
the
December/January
time
period
of
a
given
year. With the
uptick
in
hiring that
is
starting
to
occur,
it
is
likely
we
will
return
to
the
prior
scenario
where
H-1B
numbers for
the
entire
fiscal
year
are
alloted
during
the April
filing
period. That
isn't
likely to
occur
this
year,
but it
also
isn't likely
that
H-1B visas
will
be
fully
available
throughout
the
fiscal
year.
In
fact,
it
is
more
likely
the
cap will
be
reached
earlier in
this
upcoming
cycle. So start
planning
ahead
if
you intend
to
utilize
the
H-1B
program during the 2012
fiscal
year.
|
|
H-1B Visa Quota for Fiscal Year 2011 Exhausted
|
01/28/2011
|
By: Donald Berner
|
The
USCIS announced
late
yesterday
that
the
H-1B
cap
for
fiscal
year
2011
was
reached
on
January
26th.
As
a
result,
there
is
no
further
availablility
for
employers
to
obtain
H-1B
visas
for
foreign
workers
with
employment
start
dates before
Ocotober
1,
2011 (the
start
of
fiscal
year
2012)
if
the
application
must
be
counted
under
the
cap. For
the
remainder
of
the
fiscal
year,
only
cap-exempt
H-1B
applications
may
be
filed
for
new
H-1B
visa
applicants.
In
addition,
individuals
with
a
cap-counted
H-1B
may
still
change
employers
because
they
have
already
been
counted.
For
those
employers
looking
towards
the
fall,
the
fiscal
year
2012
filing
season
begins
on
April
1,
2011,
for
employees
starting
work
after
October
1,
2011.
|
|
H-1B Cap Update
|
11/5/2010
|
By: Donald Berner
|
The
H-1B
visa,
the
one
most
commonly
used
by
employers
to
bring
specialized
workers
to
the
United
States
on
a
temporary
basis,
is
subject
to
an
annual
cap/quota. The
annual
counting
period
tracks
the
federal
fiscal
year
schedule
and
runs
from
October
to
September.
Employers
may
apply
for
employee
start
dates
up
to
six
months
in
advance
of
the
date.
In
a
nutshell,
employers
can
start
seeking
numbers
against
the
fiscal
year
cap
starting
in
October
as
early
as
April
1.
For
example,
employers
could
request
an
H-1B
visa
on
behalf
of
an
employee
on
April
1,
2010,
with
a
starting
date
of
October
1,
2010
(part
of
fiscal
year
2011).
After
seven
months
of
usage,
approximately
20,000
numbers
remain
available.
If
this
year
follows
the
pattern
of
last
year,
the
remaining
numbers
under
the
cap
are
likely
to
be
used
up
around
the
end
of
December
to
the
end
of
January
time
frame.
Here
is
the
link
to
the
cap
counting
page
on
the
USCIS website.
|
|
USCIS Increases Fees
|
09/28/2010
|
By: Donald Berner
|
The
U.S.
Citizen
and
Immigration
Services
(USCIS) recently
announced
an
increase
in
filing
fees
for
a
wide
range
of
application
types.
Of
particular
note
to
employers,
the
filing
fees
for
several
employment-based
applications
are
scheduled
to
increase
(I-140,
I-485,
I-129,
and
I-907).
For
the
complete
list
of
changes
you
can
access
the
fact
sheet
at
USCIS's
website
found
here.
|
|
Injunction Junction -- Arizona Immigration Law Collides with Federal Judge
|
07/30/2010
|
By: Donald Berner
|
A federal
judge
in
Arizona
blocked
the
implementation
of
several
key
provisions
of
Arizona's
controversial
new
immigration
law.
This
temporary
blockage
allows
for
more
hearings
and
legal
arguments
to
take
place
in
the
coming
months
by delaying
(and
maybe
eliminating)
the
Arizona
law.
One
thing
I
noticed
in
the
days
leading
up
to
the
effective
date
of
the
Arizona
law
last
week
was
the
increase
in
rallies
and
demonstrations.
With
these
demonstrations,
the
public
and
political
attention
paid
to
immigration
issues
is
bound
to
grow. At
the
end
of
the
day,
the
blockage
(or
non-blockage
if
it
turns
out
that
way
down
the
road)
isn't
really
the
issue. The
Arizona
law
brings
to
the
forefront
the
issue
of
immigration
reform
versus illegal
immigration. There
is
a
growing
perception
the
federal
government
is
unable
or
unwilling
to
act
to
prevent
illegal
immigration.
At
the
same
time,
the
country's
economic
struggles have resulted
in more negative
attention on
employers
and
more
calls
for
stronger
employer
sanctions
for
those
employing
illegal
workers.
The
anti-immigrant
messages
focused
on
the
loss
of
jobs
for
U.S. citizens
has
a
tendency
to
catch
the
attention
of
local
and
state
politicians.
As
a
result,
there
have
been
attempts
in
by
a
number
of
state
legislatures
to
pass
varying
forms
of
immigration-related
state
laws.
Most
of
these
efforts
have
been
met
with
court
challenges,
like
this
most
recent
version
in
Arizona.
At
the
root
of
the
legal
wrangling
is
whether
federal
law
preempts
any
attempts
by
the
states
to
enact
laws
in
this
area.
At
the
end
of
the
day,
the
state
legislatures
and
Continue Reading...
|
|
I-9 Final Rule Issued
|
7/26/2010
|
By: Donald Berner
|
The
Department
of
Homeland
Security
(DHS) recently
issued
a
final
rule
making a
number
of
minor
revisions
to
the
regulations
governing
the
I-9
process
used
by
employers
to
document
newly
hired
employees'
eligibility
to
work
in
the
United
States.
The
issuance
of
the
final
rule
incorporates
with
some
slight
modifications
the
provisions
of
an
interim
rule
issued
in
2006.
The
highlights
are
as
follows:
1.
A
language
clarification
was
added
to
make
clear
that
employers
have
three
business
days
to
complete
the
I-9
process
as
opposed
to
three
calendar
days.
2.
The
interim
rule
allowed
employers
to
use
either
a
paper
or
electronic
retention
system
and
the
the
final
rules
allows
paper,
electronic,
or
some
combination
of
a
paper
and
electronic
system.
3. The
final
rule
allows
employers
to
maintain
a
separate
I-9
file
or
to
store
I-9
documents
within
the
files
containing
the
employees'
other
personnel
documents.
4.
The
final
rule
relaxed
the
audit
trail
requirements
for
electronic
storage
systems
requiring
only
an
audit
trail
for
record
creation,
modification,
or
deletion.
In
essence, a
viewing
of
the
I-9
document
does
not
need
to
be
recorded
by
the
electronic
storage
system.
5.
The
interim
rule
required
employers
to
provide
employees
with
a
printed
receipt
showing
the
record
each
time
it
is
modified.
This
requirement
was
relaxed
to
allow
employers
to
only
provide
a
printed
receipt
upon
the
request
of
an
employee.
While
the
final
rule
made
a
few
other
changes,
the
ones
listed
above
are
the
high
points.
For
those
interested
in
reading
the
final
rule,
it
can
be
found
Continue Reading...
|
|
Tips & Tactics -- Government Investigations
|
07/06/2010
|
By: Donald Berner
|
One
of
the
new
realities
for
employers
is
the
increased
risk
of
a
visit
from
an
investigator
working
for
the
government.
These
visits
can
come at
any
time,
without
warning,
and
may
be
conducted
by
any
number
of
government
agencies.
The
typical
visit
for
an
employer
is
likely
to
be
a
wage
and
hour
audit
or
an
OSHA safety
inspection.
While
these
(and
any
other
agency
visit)
inspections
are
in
widely
varying
areas,
there
are
some
common
themes
for
employers
to
consider.
The
worst
time
to
prepare
a
workplace
for
an
inspection/audit
is
when
the
inspector
shows
up
at
your
door.
Here
are
a
few
quick
thoughts
should
your
workplace
receive
an
unwanted
visitor
from
the
government:
- Plan
ahead:
The
time
to
develop
a
game
plan
for
an
inspection
is
well
in
advance
of
the
actual
investigator's
visit.
Responding
to
an
inspection
in
"crisis
mode"
is
highly
likely
to
lead
to
mistakes
or
oversights. The ultimate
outcome
is
almost
certainly not
going
to
be
as
favorable
to
the
Company
as
a
situation
in
which
a
well-conceived
plan
is
in
place.
- Communicate
the
Plan:
Make
sure
all
management
team
members
all
the
way
down
to
the
lowest
level
of
management
understands
the
Company's
plan
of
action
should
an
investigator arrive. There
is
nothing worse than
failing
to
implement
a
well-planned strategy because
the individual meeting
with
the
inspector
doesn't
know the
strategy.
- Have a
Core
Team:
A group
of
individuals
on
the
management
team
should
be
designated to
handle
the
Company response
to
the
arrival
of
any government
investigator.
This
group
Continue Reading...
|
|