The USCIS recently issued a revised version of the Form I-9, Employment Eligibility Verification Form. This form must be used beginning on September 18, 2017. All existing storage and retention rules for Form I-9 must continue to be followed. As you know, employers use the Form I-9 to verify the identity and employment authorization of newly hired employees. In this latest revision, the USCIS modified the List of Acceptable Documents to include adding to List C the Consular Report of Birth Abroad (Form FS-240), combined all certifications of report of birth issued by the U.S. Department of State (Forms, FS-545, DS-1350 and FS-240) into List C, and renumbered all List C documents except the Social Security Card. Additionally, the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices was changed to its new name of Immigrant and Employee Rights Section and removed "the end of" from the phrase "the first day or employment." Please contact your HLG attorney if you have any questions about the new form, how to do an internal audit, E-Verify or with any other immigration or employment verification questions.
Numerous EB-5 legislation has been introduced with the intention of curbing some of the EB-5 program’s issues and problems. S.1501, the American Job Creation and Investment Promotion Reform Act of 2015, introduced by Sen. Grassley and Sen. Leahy, included a laundry list of EB-5 “integrity” measures. Sen. Charles Grassley and Sen. Dianne Feinstein, have proposed legislation to eliminate the EB-5 program. In order to attempt to under the EB-5 landscape as it stands in the current political climate, we must understand the players: Stephen Miller, Senior Advisor to the President for Policy, is a Former Senator Jeff Sessions alum who is well known for his opposition to legal immigration. Gene Hamilton, Deputy Chief of Staff at the Department of Homeland Security (DHS) for Policy and Senior Counselor, is also a Sessions alum. Lee Francis Cissna, nominee for Director of U.S. Citizenship and Immigration Services (USCIS), most recently assisted Sen. Grassley to write the H-1B and L-1 Visa Reform Act of 2015, a bill that would have dramatically enlarged the enforcement authority of the U.S. Department of Labor and restricted H-1B and L-1 visa requirements and benefits as well as S.1501. Kathy Nueble Kovarik, Chief of the USCIS Office of Policy and Strategy, is also a Grassley alum. Julie Kirchner is the USCIS Ombudsman. Ms. Kirchner served as Executive Director of FAIR, an organization actively opposed to the EB-5 program. The USCIS Ombudsman is responsible for assisting “individuals and employers in resolving problems with” USCIS and due to limits recently placed by way of EB-5 protocols, is the only way for EB-5 stakeholders to escalate issues for EB-5 cases. Ms. Kirchner, in her Ombudsman’s 2017 Report to Congress, acknowledged that lack of anti-fraud and national security protections, and failure to agree on a permanent or multi-year reauthorization of the Regional Center [...]
If you like statistics and are missing baseball box scores, check out the report recently released by the DHS on non-immigrant admissions in FY 2015. As you read this, keep in mind that admission does not equal people as the same person may make multiple admissions in a year if they travel internationally.
Last week, the DHS released data regarding NIV usage in FY2010. Although it conatins a lot of data that could easily go into the category of "why would anyone need to know that ?" it is probably worth the 5 minutes it will take to skim through it.
This week, the House took up the appropriations bill for the Department of Homeland Security and several immigration measures were added however, none were substantive business measures. Historically, appropriations bills have provided opportunities to attach substantive pro-business immigration measures but, none were even considered by the House. For a review of the amendments considered and approved check out the details at Immigration Impact.
Roxie Bacon, former chief counsel to the USCIS, provides some interesting insight into the curent state of immigration reform and the attitude of politicians and the DHS toward immigrants in a recent editorial published in Arizona Attorney, a publication of the Arizona bar. We will certainly miss Roxie's legal knowledge and vision in the Office of Chief Counsel. It is unfortunate that during her tenure, various forces prevented her from making more of an impact. As the Titanic found out, it takes vision and will to change course and avoid the disaster that is our current U.S. immigration policy and practices.