A new version of the Form I-9 will be released on November 22, 2016 and become mandatory on January 22, 2016. Patricia A. Bollman will deliver a 90 minute Power Point presentation designed to train Human Resource and Personnel departments on how to complete the new version of the Form I-9. Webinars will be held on: Tuesday, December 6, 2016 from 10:00 a.m. to 11:30 a.m. CT, or Wednesday, December 14, 2016 from 1:00 p.m. to 2:30 p.m. CT, or Thursday, January 12, 2017 from 10:00 a.m. to 11:30 a.m. CT.
September 23, 2016
The U.S. Citizenship and Immigration Services ("USCIS") has announced that the new Form I-9 will be released on November 22, 2016. For the time period November 22, 2016 through January 21, 2017, either the previous version of the Form I-9 (dated 03/08/13) or the new version of the Form I-9 (dated 11/22/16) can be used. Effective January 22, 2017, the new version will be the only version that can be used and all previous versions will be invalid.
July 01, 2016
The U.S. Department of Justice ("DOJ") published a Final Rule on June 30, 2016 which will increase penalties for Form I-9 violations. The increased fines affect I-9 paperwork violations, unlawfully employing unauthorized workers and unfair employment practices in the Form I-9 process. The new penalties come after the Bipartisan Budge Act of 2015 was enacted in late November, 2015 which included a section on civil penalties that provided a different formula for inflation adjustment.
June 22, 2016
The United States Citizenship and Immigration Services ("USCIS") has announced that starting on August 1, 2016, E-Verify will begin deactivating user IDs that have not been accessed for 270 days (approximately every nine months). To avoid deactivation, a user must log into E-Verify with the user ID at least once every 270 days. If you are an E-Verify User and have not logged on in the past 270 days, you should log on before August 1, 2016 to avoid having your account deactivated.
June 22, 2016
The Office of the Chief Administrative Hearing Officer ("OCAHO") released a ruling on June 21, 2016 fining a California restaurant $18,350 for Form I-9 violations, reducing the penalty significantly from the almost $42,000 fine assessed by Immigration and Customs Enforcement ("ICE"). Administrative Law Judge Stacy S. Paddack ordered East Coast Foods Inc., doing business as Roscoe's House of Chicken N Waffles, to pay a penalty of $18,350, after finding it failed to prepare or present I-9 forms for certain workers, along with other violations related to form completion.
Third Circuit Court of Appeals Strikes Down Regulation That Limits Adjustment of Status for K-4 Visa Holders
June 08, 2016
The U.S. Third Circuit Court of Appeals struck down a federal regulation that prevented K-4 visa holders from becoming lawful permanent residents after their parents married U.S. citizens, finding the rule was "manifestly contrary" to the Immigration and Nationality Act ("INA").
June 06, 2016
On June 3, 2016, Judge Stacey S. Paddack, a Judge with the Office of the Chief Administrative Hearing Officer ("OCAHO") ordered a Texas fruit and vegetable company to pay approximately $14,500 in fines for violations related to the company's Form I-9s. The amount ordered by Judge Paddack represented a reduction of more than half of the amount of the fine originally assessed by Immigration and Customs Enforcement which was $36,465.
June 06, 2016
The U.S. Department of Justice on Tuesday, May 31, 2016 announced that it had reached a settlement with a San Diego-based skilled nursing facility to resolve claims that the center discriminated against work-authorized non-U.S. citizens in violation of federal immigration law. The settlement resolves claims that the facility violated the Immigration and Nationality Act ("INA") by requiring lawful permanent residents to produce specific documents to prove their work authorization while allowing U.S. citizens to provide any valid work authorization documents they chose.
May 25, 2016
On May 20, 2016, the United States Citizenship and Immigration Services ("USCIS") announced it had reached its Fiscal Year 2016 limit for issuing new H-2B visas. The cap of 66,000 visas was reached on May 12, 2016. Half the annual allotment of new H-2B visas are issued for jobs starting in the first half of the fiscal year and the remainder are issued for jobs starting in the second half of the fiscal year. The first half year cap was reached in March, 2016.
May 02, 2016
The United States Citizenship and Immigration Services ("USCIS") announced on May 2, 2016 that it has completed data entry of all Fiscal Year 2017 2017 H-1B cap-subject petitions selected in the computer generated random lottery process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS is unable to provide a definite time frame for returning those petitions. USCIS will issue an announcement once all the unselected petitions have been returned.
April 27, 2016
A Judge for the Office of the Chief Administrative Hearing Officer ordered a Texas-based fruit and vegetable company to pay more than $10,000, in a decision released on Friday, April 22, 2016. Administrative Law Judge Stacy Paddack ordered Jack's Produce Co. to pay $10,550 in penalties after finding the company did not fulfill various I-9 requirements.