Up to Speed on the New I-9? Registration for our Seminar Closes May 14
May 8, 2013 § Leave a Comment
Registration for our new 2013 I-9 Form is closing in just one week! You’re probably not up to speed on the changes coming with this latest I-9 iteration, but our seminar is a golden opportunity for you to learn quickly. You can register online here. These seminars always sell out so we urge you to register today if you have not.
The training seminar, “The Brand New I-9 Form: How to Complete it & E- Verify for 2013” is Thursday, May 16 at the Delta Dental Auditorium in Concord, NH. During the seminar, you’ll learn how to complete the new required I-9 form without errors utilizing our proprietary workbook and hands-on training approach.
For example, here are some things you may not know but should with the new I-9 Form:
- There is no “grace period” for using the new form. Continuing to use the old I-9 Form will be considered a “technical violation” by ICE in an audit. Avoid that by learning all about the new form now.
- CBP now issues an electronic I-94 card for entry in to the US. Learn what to do with that information on a new employee’s I -9 Form;
- Do you give the employee instructions for the I-9? Find out the answer!
- What do you write if there is information that doesn’t fit your situation?
You’ll find out the answers to these and all your I-9 questions on May 16. Sign up here before it’s too late!
CBP rolls out New I-94 Process for Arrival/Departure Records
May 3, 2013 § Leave a Comment
As of April 30, 2013, foreign travelers entering the United States (by air or sea) will no longer be issued a paper Form I-94 Arrival/Departure Card.
Instead, Form I-94 will be an electronic documentation of arrival with information obtained by scanning a traveler’s passport. This automation will streamline the entry process for travelers, facilitate security and reduce federal costs.
Customs and border officials will still stamp the passport with the date and traveler status at entry. Foreigners should then go to CBP.gov/I94 to review their record. Any errors discovered should be immediately reported to CBP.
If travelers need information from their I-94 admission record to verify immigration status or employment authorization, the record number and other information will be available at CBP.gov/I94.
Once the foreigner leaves the country, s/he will no longer have access to the records. Our immigration lawyers recommend that travelers print a paper version of their Form I-94 in order to maintain an immigration record of time spent in the U.S.
Please note that because advance information is only transmitted for air and sea travelers, CBP will still issue a paper Form I-94 at land border ports of entry.
Click here to see the dates and airports where the process will be rolled out, and please contact GoffWilson with any questions.
Don’t Miss Our Seminar on How to Complete the New I-9 Form and E-Verify
April 8, 2013 § Leave a Comment
Employers and human resource professionals, do you have questions about how to complete the new 2013 I-9 Form? Don’t miss our training seminar, “The Brand New I-9 Form: How to Complete it & E- Verify for 2013” on Thursday May 16 at the Delta Dental Auditorium in Concord, NH.
We urge you to register early as this event always sells out quickly.
With a revised format and e-verification stipulations, it’s essential you understand how to properly complete the new I-9 which will be required for all new hires starting on May 7, 2013. We’ll cover everything you need to know about the new I-9 Form and how to complete it properly. We will also review E-verify. The workshop will offer extensive I-9 compliance training, with topics including:
- Lists of Acceptable Documents
- Receipt Rules Samples
- Establishing Office Procedures to Ensure Compliance
- Issue Spotting, Retention Requirements and Social Security
- No-Match Letters and E-Verify Requirements
- Federal Contractor and I-9 Compliance Resource Guide
In addition to intensive I-9 training, attendees will receive three hours of HRCI credit, the updated version of the GoffWilson proprietary I-9 manual, and breakfast. Space is limited and this event sells out fast, so register today to reserve your seats!
New I-9 Form Out Today!
March 8, 2013 § Leave a Comment
The long-awaited and much-discussed revised Form I-9, Employment Eligibility Verification, will be introduced today according to a notice published in the Federal Register.
This is the form that must be completed by all employers to verify the employment eligibility of every new hire. United States Citizenship and Immigration Services (USCIS) has been working to revise the I-9 Form for more than a year.
The new edition, dated March 8, 2013, will take effect immediately on publication and employers will be required to use the new Form I-9 for their new hires as of May 7, 2013. Until then, however, employers may continue to use the August 7, 2009 or February 2, 2009 edition. Employers who are not using the I-9 Form following the 60-day grace period will be subject to fines and penalties.
Exact changes to the I-9 will not be known until the release of the Form. However, the revisions are expected in include:
- Expansion of the form from one to two pages (not including the “List of Acceptable Documents” and form instructions)
- Additional data fields (such as the new hire’s email address and phone number)
- Enhanced Form I-9 instructions
- A revised layout.
Employers do not need to complete the new Form I-9 for current employees for whom there is already a properly completed Form I-9 on file, unless re-verification applies.
We will post the new I-9 Form on our web page when released. Also, for those of you who maintain your I-9 Forms via an electronic software vendor, you should check with your vendor concerning their compliance with the new form. Additionally, this is a good time to think about additional training for your staff. You can contact GoffWilson with any questions. Immigration law is all we do!
How does the Visa Bulletin Look for you? Updates on Demand and Priority Dates
February 28, 2013 § Leave a Comment
One of the hottest topics we’ve seen in immigration law lately comes from the March 2013 visa bulletin. The India EB-2 cutoff date continues to see very little forward movement due to upgrades where people are converting their employment-based applications from EB-3 to EB-2 while maintaining the earlier priority date.
In December 2012 alone, India EB-2 had 125 cases approved that were from 2003 or earlier. The spokesperson for the Department of State Visa Office reportedly has said EB-2 for India could easily reach the annual limit at the current 2004 cutoff dates.
EB-2 India demand continues to be very high, (there are approximately 42,000 India EB-2 cases in line with priority dates prior to May 2010). Thus, it is possible that the cutoff date may be retrogressed during this fiscal year.
However, any numbers not used in EB-1 could allow for more numbers to be used for EB-2 India. It is still unknown how many EB-5 and EB-1 numbers will migrate to EB-2.
Applicants switching from EB-2 to EB-1 or EB-3 to EB-2 or EB-1 are called “upgrades” and these are impacting other categories as well. Worldwide, EB-3 had 1,100 upgrades in December 2012 for cases which had priority dates of 2011 or earlier. By contrast, in 2007, there were only 72 upgrades for the year!
So, this idea is catching on. Upgrades have been an effective way to increase the applicant’s chances of processing his/her visa earlier. This may not continue to be an effective strategy.
EB-1 for India and China appear to have used their numbers for this year, but the rest of open EB-1 numbers can “fall across” to satisfy the need from India and China for EB-1, so no retrogression is expected at this time.
There are 12,000 India EB-3 cases with priority dates before January 2004. The Department of State Visa Office has very good information regarding how many India EB-3 cases are lined up for older dates, due to the 2007 retrogression. For example, there are 63 cases with a November 18, 2002 priority date. Accounting for demand in India EB-3 has been fairly accurate.
India EB-3 has 44,000 cases with priority dates before August 2007, which have been pre-adjudicated, though final approval and visa issuance has not taken place due to priority date retrogressions over the past several years. Please continue to monitor the Visa Bulletin by clicking here for yourself or someone you know that is affected by the long wait for immigrant visas.
Or contact GoffWilson. Immigration law is what we do. We are here to help!
Could Congress Increase H Visa Availability?
February 8, 2013 § Leave a Comment
Are the number of H visas released on their way up?
Not just yet, but as you have probably heard by now, there is serious discussion going on in the United States Congress to raise the H visa cap.
If the cap is raised, more of these coveted immigration visas would be available for highly skilled candidates. Applications are accepted each year on April 1 for for specialized knowledge professions.
To keep you up to date, here is what we know so far:
- The cap would be floating between 115,000 and 300,000 depending on demand (currently it is fixed at only 65,000 and another 20,000 for those with advanced degrees from U.S. schools);
- The proposal would eliminate the “advanced degree” cap;
- It would allow for employment authorization for spouses in H-4;
- Those already in H could again apply for visa revalidation within the U.S. ( a step eliminated by regulations several years ago);
- It eliminates quotas for STEM degrees.
The H-1B cap increase provisions will be hotly debated and it’s an issue to be followed closely if you’re an employer who hires skilled foreign workers. We will keep you posted on all H visa developments so please check our blawg for the latest news.
If you or your company or someone you know wants to apply for an H-1B Visa, now is the time to do it for employment beginning October 1, 2013. There are limited visas available. Don’t get left out! Contact GoffWilson today. Immigration law is what we do!
Are You Ready for H-1B Season? Get ‘Em Before They’re Gone!
January 24, 2013 § Leave a Comment
It’s an exciting time of year for immigration lawyers. H-1B Season is almost here!
(It’s true, we’re not the most exciting bunch.)
These hard to get and always-valued visas will be up for grabs in less than 100 days. Are you ready?
Don’t miss out this year as we expect the cap of H visas (only 65,000 released) to be filled by the first week of April. As the economy improves, there is more and more call from employers wanting to hire IT consultants, healthcare workers and other high-tech folks and all of these professions require H visa status.
Keep in mind we can file April 1, 2013 for a visa that allows a foreign employee to work for your company beginning October 1, 2013.
There are always a lot of things to consider for an H visa, such as cap-gap issues, travel, staffing and consultant workplace issues and more. Also, if you hope to employ a graduate now working for you in OPT status when that status runs out, you’ll want to file for the H visa on April 1.
GoffWilson can assist in H-1B visa applications and all areas of immigration law. Contact us today to discuss your options. It’s what we do!
