Wyatt Employment Law Report


Leave a comment

H-1B Enforcement Stepped Up

By Glen Krebs

On April 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced multiple measures to further deter and detect H-1B visa fraud and abuse.  On April 4, 2017 the U.S. Department of Labor (DOL) announced plans to protect U.S. workers from H1B program discrimination by providing greater transparency and oversight.  These announcements have caused companies which regularly use H-1B workers to be concerned about their workforce in coming years.

The companies mostly affected by this policy change will be outsourcing firms – companies which hire H-1B workers and then place them at the worksite of other companies.  Many of the outsourcing firms are headquartered Continue reading


Leave a comment

New I-9 Form

By Glen Krebs

Photograph of a U.S. Department of Homeland Security logo.Beginning January 22, 2017, Employers must use the new Form I-9 when hiring a new employee. The new form is dated 11/14/2016. The old form (dated 03/08/2013) will not be acceptable for a date of hire after January 22, 2017. The old and new forms are not too different. Regarding the new form, United States Citizenship and Immigration Services (“USCIS”) states as follows:

“Among the changes in the new version, Section 1 asks for ‘other last names used’ rather than ‘other names used,’ and streamlines certification for certain foreign nationals.

Other changes include:

  • The addition of prompts to ensure information is entered correctly.
  • The ability to enter multiple preparers and translators.
  • A dedicated area for including additional information rather than having to add it in the margins.
  • A supplemental page for the preparer/translator.

The instructions have been separated from the form, in line with other Continue reading


Leave a comment

Employment Authorization Document for H4 Dependent Spouses

By Barbara W. Menefee

Photograph of a U.S. Department of Homeland Security logo.At long last, the U.S. Citizenship and Immigration Services has announced that it will begin accepting applications for employment authorization documents for the dependent spouses of H1B visa holders (“H4”) under certain circumstances. This news is welcome for the thousands of intending immigrants who are in long lines awaiting a visa to become available so that they can file applications for permanent residence in the United States. For instance, if a person from India begins the employment-based permanent residence process today, he or she can expect to wait at least 10 years before they are eligible to file an application for permanent residence in the United States. For most spouses of these applicants, that has meant ten years without the authorization to work in the United States.

The announcement specifically applies to H4s whose spouses have approved I-140 Immigrant Petitions on their behalf, or whose spouses otherwise qualify for an extension of their H1B status beyond the typical six years. This provision will Continue reading


Leave a comment

New I-9 Forms Must Now Be Used, Starting Today, According to USCIS

By Glen M. Krebs

The U.S. Citizenship and Immigration Services (USCIS) is reminding all employers that beginning today, May 7, 2013, they must start using the revised Form I-9, Employment Eligibility Verification (Revision 03/08/13)N for all new hires and reverifications.

All employers are required to complete and retain a Form I-9 for each employee hired to work in the United States.

Note: the revision date for the new Form I-9 is printed on the lower left corner of the form. Also, employers need not and should not complete a new Form I-9 for existing employees if a properly completed Form I-9 is on file.

USCIS advises that a Spanish version of Form I-9 (revision 03/08/13)N is available on its website for use in Puerto Rico only.  Spanish-speaking employers and employees in the 50 states, Washington, D.C., and other U.S. territories may use the Spanish version for reference, but must complete and retain the English version of the I-9 form.

The revised forms are available at www.uscis.gov/I-9. And for more information, you may call 888-464-4218. Government representatives are available Monday through Friday, from 8 a.m. to 5 p.m.  USCIS also maintains a website, I-9 Central, to support Form I-9 users.

To order forms, you can contact USCIS at 1-800-870-3676. For free downloadable forms and information on USCIS programs, immigration laws, regulations, and procedures, you can visit www.uscis.gov.

 


Leave a comment

I-9 Central

By Glen M. Krebs

If you have questions about completing or storing I-9 forms you can now go to a USCIS website to find answers.  On May 13, 2011 the USCIS launched ‘I-9 Central,’ at http://www.uscis.gov/i-9central.  I-9 Central includes sections about employer and employee rights and responsibilities, step-by-step instructions for completing the form, and information on acceptable documents for establishing identity and employment authorization.  It also includes a discussion of common mistakes to avoid when completing the form, guidance on how to correct errors and answers to employers’ questions about the I-9 process.  For anything not covered on I-9 Central you may contact Glen Krebs with I-9 questions at 859-288-7409 or gkrebs@wyattfirm.com.