Get ready to switch to another revised I-9

July 14, 2017 - by: HR Hero 0 COMMENTS

On July 17, U.S. Citizenship and Immigration Services (USCIS) will release a new revision of Form I-9—Revision 07/17/17 N—to be used for employment eligibility verification. The new form is available on the USCIS’s website.

Employers will need to use the new version of the form beginning September 18.

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Employers face uncertainty over ‘less disruptive’ new travel ban, H-1B delay

March 07, 2017 - by: Kate McGovern Tornone 0 COMMENTS

The Trump administration recently implemented two major changes to its immigration policies, and the full effect for employers remains to be seen. Between a replacement Executive Order (EO) on immigration and the suspension of the fast-track process for H-1B (highly skilled) worker visas, employers and foreign employees may soon face new hurdles, albeit fewer than under the original immigration EO.

President Donald Trump signed the new EO on immigration March 6, rolling back parts of his original order. The first EO, issued January 27, barred travelers from seven Muslim-majority countries, arguably including permanent U.S. residents, for 90 days. It also placed a 120-day hold on the U.S. refugee program, prevented even individuals who already had received refugee status from entering the country, and adopted a new religious test for refugees that had the effect of prioritizing non-Muslims.

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Employers advised to be careful dealing with immigrant protests

by Jacob M. Monty
Monty & Ramirez, LLP

Employers need to be aware of legal risks associated with how they handle various protests related to immigrants in the United States, including a boycott and work stoppage planned for February 16.

The “A Day Without Immigrants” campaign is encouraging immigrant employees to stay home from work, immigrant-owned businesses to close, immigrant students to stay home from school, and immigrant customers to refrain from making any purchases on February 16.

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It’s time to cozy up to the new I-9

January 03, 2017 - by: Kate McGovern Tornone 0 COMMENTS

It’s time for employers to get acquainted with the new Form I-9. The form is easier to use than the old version, but with just a few weeks left before employers must make the switch, it’s a good idea to get familiar with the form now, says Jacob Monty, managing partner at Monty & Ramirez, LLP, and a coeditor of Texas Employment Law Letter.

U.S. Citizenship and Immigration Services (USCIS) issued the form on November 14, 2016. While employers are free to use either form for now, they must use the new form beginning January 22.

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Categories: HR Hero Alerts / Immigration / USCIS

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With Trump win, many employment initiatives in question

November 09, 2016 - by: Kate McGovern Tornone 0 COMMENTS

Recent employment initiatives undertaken by the Obama administration could be in jeopardy under Donald Trump’s presidency, but employers still need to comply with those laws and regulations for now, says one expert.

“In general, things are going to be pretty unpredictable,” said Connor Beatty, an associate with Brann & Isaacson  in Maine and editor of Maine Employment Law Letter. Not only has Trump never held public office, but he’s also changed his position on issues several times, Beatty said.

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New rule extends employment term for international STEM students

by Elaine Young

The rules affecting how long international students in certain fields can work in the United States without changing their visa status will change on May 10.

Currently, when international students in F-1 visa status graduate with a bachelor’s, master’s, or doctorate from a U.S. school, they can work for one year, in a period called Optional Practical Training (OPT), in a job related to their major field of study. That training period is being extended for international students with science, technology, engineering, or math (STEM) degrees from U.S. schools.

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New law removes ‘alien’ from California Labor Code

by Elizabeth J. Boca

A California law taking effect on January 1 removes the word “alien” from the state’s Labor Code. The new law deletes two sections of the Labor Code as a way of modernizing and removing negative connotations in the law.

In 1937, the California Legislature enacted various provisions regarding the employment of “aliens,” defined as any person who isn’t a born or fully naturalized citizen of the United States. The legislature also enacted a provision that prescribes an order for the issuance of employment under specific public-works contracts—first to citizens of California, second to citizens of other states of the United States, and third to aliens.

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Appeals court keeps hold on Obama’s immigration orders

May 27, 2015 - by: Tammy Binford 0 COMMENTS

No quick resolution is in sight to the uncertainty surrounding President Barack Obama’s executive actions on immigration. On May 26, a three-judge panel of the U.S. 5th Circuit Court of Appeals refused to lift a temporary hold on Obama’s actions, which were designed to ease deportation worries for millions of undocumented immigrants who have been in the United States for years.

“Employers will have to wait possibly months, or years, for the courts or Congress to resolve the status of undocumented immigrants who would have been eligible for work permits under President Obama’s executive action,” said Elaine C. Young, an attorney with the Kirton McConkie law firm in Salt Lake City and an editor of Utah Employment Law Letter.

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Spouses of certain H-1B visa workers now eligible for employment authorization

February 25, 2015 - by: Holly Jones 0 COMMENTS

The Department of Homeland Security (DHS) has published final regulations that will extend employment authorization eligibility to spouses of certain nonimmigrant workers who are in the United States on H-1B visas.

The H-1B, or highly-skilled worker, visa is the most commonly discussed and highly sought employment-based nonimmigrant visa. The number of visas available each year is closely capped—20,000 for applicants holding master’s degrees and 65,000 for those holding bachelor’s degrees—so selection is often made using a random lottery. For the 2015 fiscal year, 172,500 applications for H-1B visas were submitted to U.S. Citizenship and Immigration Services.

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Judge’s action sparks more uncertainty on Obama’s immigration orders

February 17, 2015 - by: Tammy Binford 0 COMMENTS

A temporary injunction against President Barack Obama’s executive actions on immigration is adding to the uncertainty surrounding immigration reform and its impact on employers. On Monday, a federal judge in Texas issued a temporary injunction blocking Obama’s orders issued last November that would have eased deportation concerns for millions of undocumented immigrants that have been in the country for years. The orders had not yet begun accepting applications.

The injunction, which the Obama administration plans to appeal, is a result of a lawsuit in which 26 states challenged Obama’s authority to take the actions. U.S. District Judge Andrew S. Hanen ruled that allowing the immigration orders to be implemented before a full trial would cause irreparable harm to states needing to provide services to the undocumented immigrants eligible for the program’s protections.

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