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.
April 26, 2016
On April 14, 2016, USCIS issued a Policy Memorandum which provided guidelines for adjudicators when making a determination on an L-1A visa petition. An L-1A petition is for a company with foreign operations who wishes to send a manager or executive to work within their U.S. operations.
Temporary Employment Company Found Liable For Over 400 Form I-9 Violations and Fined Over Two Hundred Thousand Dollars
April 19, 2016
Administrative Law Judge Ellen K. Thomas with the Office of the Chief Administrative Hearing Officer ruled that Golden Employment Group, Inc., a temporary employment company is liable for over 400 violations related to its I-9 forms according to an Order published on Friday, April 15, 2016. In her Order, Judge Thomas noted that the E-Verify program doesn't claim to shield employers from having to properly complete the I-9 forms.
April 13, 2016
The United States Citizenship and Immigration Services ("USCIS") announced on April 12, 2016 that it received more than 236,000 H-1B petitions for specialty occupation visas for foreign workers for Fiscal Year 2017. These petitions were received in the first five business days of April, breaking the record set last year for the highly popular visa. USCIS stated that it received approximately 3,000 more petitions this year than last year.
April 08, 2016
A family-owned farm in Nebraska has agreed to pay $250,000 in back wages to 89 temporary foreign workers it employed through the H-2A visa program, according to a recent order issued by the U.S. Department of Labor's Office of Administrative Law Judges. Daniels Produce, a Columbus grower, packer and shipper of produce, must distribute the back wages monthly over a five-year installment plan that began in January in connection with a March 31 order approving its settlement agreement with the DOL, a representative for the agency told Law360.
April 07, 2016
U.S. Citizenship and Immigration Services ("USCIS") announced today that it has reached the congressionally mandated H-1B cap for fiscal year 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. USCIS will use a computer-generated process, also known as the lottery, to randomly select the petitions needed to meet the caps of 65,000 visas for the general category and 20,000 for the advanced degree exemption. USCIS will first randomly select petitions for the advanced degree exemption.
April 01, 2016
On Tuesday, March 29, 2016, the United States Citizenship and Immigration Services ("USCIS") announced that it is seeking comments on possible changes to the Form I-9 after making additional updates to the proposed form, including drop-down lists and extra spaces for entering more than one translator/preparer. USCIS said the public will not have another 30 days to provide comments on the suggested changes, setting the deadline at April 27, 2016. USCIS published the 30-day notice in the Federal Register on Monday, March 28, 2016.
April 01, 2016
The United States Citizenship and Immigration Services ("USCIS") announced on Thursday, March 31, 2016 that, until further notice, employers should continue using Form I-9, Employment Eligibility Verification. The current version of the Form I-9 continues to be effective even after the Office of management and Budget control number expiration date of March 31, 2016, has passed. USCIS will provide updated information about the new version of the Form I-9 as it becomes available. The Bollman Firm will post a blog when the new Form I-9 is released.
March 29, 2016
A Louisiana-based realty company has agreed to a three year ban on seeking non-immigrant visa workers as a condition for settling allegations that it discriminated against U.S. citizens by giving preference to those in the country on temporary work visas for sheet metal roofing and laborer jobs. The "debarment" of Barrios Street Realty LLC and its agent, Jorge Arturo Guerrero Rodriguez, is the first time the U.S.
March 22, 2016
Today, Secretary of Homeland Security Jeh Johnson extended the designations of Guinea, Liberia and Sierra Leone for Temporary Protected Status ("TPS") for an additional six months. Although there have been significant improvements in the conditions in all three countries since their designations for TPS in November, 2014, the lingering effects of the Ebola Virus Disease outbreak and continued recovery challenges support this six-month extension. The extended designation is effective May 22, 2016 through November 21, 2016.
March 20, 2016
On February 29, 2016, the U.S. Department of Labor’s Administrative Review Board (“DOL”) has held that a computer products company owes an Icelandic woman $341,693 plus interest after filing a specialty visa for her and then not paying her the wages it owed her for six years of work. Datalink Computer Products Inc. and its President owe the money to the H-1B visa holder because they did not undergo the proper procedure to terminate her labor contract agreement (“LCA”), according to the DOL decision.