J-1 Visa Holders and the I-9 Form
April 19th, 2011 § Leave a Comment
Summer is nearly here and it is time to start thinking about your summer employment needs. For many of you, that means that you will be hiring employees on the J-1 visa program and you will need to figure out how to fill out the I-9 form properly with the documents that they have.
While J-1 exchange visitors are not issued Employment Authorization Documents (Form I-766), they will have three documents that are acceptable List A documentation when presented together:
- Unexpired foreign passport;
- Form I-94/I-94A; and
- Form DS-2019.
Employers should record the following data under List A:
- Foreign passport title, number, issuing authority, and passport expiration date on the first four lines;
- 11 digit Form I-94/I-94A number and its expiration dates (which may be duration of status, which is frequently handwritten at “D/S” on the I-94 card) on the next two lines; and
- Form DS-2019 number (SEVIS number) and expiration date of employment authorization listed on the form wherever you can fit this information on the form.
Whew! All of that information in that little space! Since you will not have enough lines to record all of the information, it is best to write this information in Section 2 and keep a copy of all three supporting documents with the I-9 form.
If only removing sand from the car was just as easy!
Social Security No-Match Letters Resume
April 14th, 2011 § 1 Comment
As of April 6, 2011, the Social Security Administration (“SSA”) has resumed issuing Social Security no match letters to US employers. No match letters are issued when an employee’s name and Social Security Number do not match. The source of the mismatch could include typographical errors, name changes and incomplete information, as well as fabricated Social Security Numbers.
These letters – and the legal follow-up requirements and ramifications – have been the subject of litigation for years. Since the court battle has not yet finished, the new letters have removed the specific guidance for how employers are legally required to respond. Immigration Customs and Enforcement, SSA, and the Office of Special Counsel do agree that the mere receipt of a no match letter is not evidence that the employee is using fraudulent documents and is not authorized to work, but these letters have been used against employers to prove that the employer knowingly continued to employ an undocumented worker given the totality of the circumstances.
Employers must establish effective strategies to address no match letters in a lawful yet non-discriminatory manner. Gone are the days when employers can cover their eyes and look through their fingers. It is critical for employers to address any no match letters that are received immediately. Employers should also consider completing an internal I-9 audit to ensure their I-9 forms have been completed properly.
If you receive a Social Security No-Match Letter, please contact GoffWilson immediately. In addition, GoffWilson is available to answer questions relating to these matters: info@goffwilson.com.
The Receipt Rule: Lost, Stolen or Damaged I-9 Documents
April 8th, 2011 § Leave a Comment
What if an employee tells you, “My dog ate my passport?”
As most employers and HR professionals know, a new employee must complete Section 1 of the I-9 Form at “the time of hire,” or before completing the first day of employment. In addition, the employee must present original documents to prove identity and work authorization, to the employer, prior to the end of the third day of employment. If an employer hires a person for fewer than three business days, the I-9 procedure must be completed before employment may commence. For a detailed, handy timeline, download the free I-9 Completion Timeline.
What if an employee tells you, “My dog ate my passport?”
Receipt Rule: Lost, Stolen or Damaged Documents
If an employee’s original document was lost, stolen or damaged, the employee may present a receipt for the application of a replacement document. The original replacement document must be presented to the employer within ninety (90) days of hire. Please note: receipts for applications to renew or extend a document may not be accepted under the receipt rule.
Upon reviewing the original replacement document, the employer should update the I-9 using the appropriate method outline in the Handbook for Employers (M-274). A link to this handbook can be found on the left-hand side of the blog, under Blogroll.
For answers to specific questions regarding the I-9 Form, please contact GoffWilson.
Department of Homeland Security Launches New E-Verify Tool
March 22nd, 2011 § 1 Comment
The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) announced on Monday the launch of, “E-Verify Self Check.” This tool is an online service that allows individuals in the U.S. to check their employment eligibility status before seeking employment.
The free service is available to individuals in Arizona, Idaho, Colorodo, Mississippi, Virginia, and the District of Columbia. The USCIS plans to expand Self Check’s availability once feedback and reviews are received from the initial launch areas. Nationwide expansion should take place within 12 months, according to a USCIS press release. The goal of the program is reduce the number of data mismatches employers experience when using E-Verify.
How E-Verify Self Check Works:
- Users enter their name, date of birth, and address online.
- Users confirm their identity by answering demographic and financial questions generated by a third-party identity assurance service.
- Users enter Social Security number and depending on citizenship status, Alien Registration number.
- The program checks the information against relevant Social Security Administration (SSA) and DHS databases and returns information regarding the users’ employment eligibility status.
Important Notes for Employers:
- Employers cannot require individuals to use E-Verify Self Check to prove work authorization.
- E-Verify employers must continue to run an E-Verify query on each new hire, even if the new hire has previously verified their employment status through Self Check.
- Employers may not accept Self Check results as a fulfillment for the I-9 Form.
Click here to read the full press release from USCIS. For answers to specific questions regarding E-Verify Self Check, contact GoffWilson.
President of Chicago Staffing Agency Sentenced to 18 Months in Prison
February 28th, 2011 § 1 Comment
The president of two Chicago staffing agencies, Can Do It Inc., and Anna II, Inc, was sentenced to 18 months in prison for knowingly hiring illegal aliens. In addition to this sentence, Clinton Roy Perkins, 66, was ordered to forfeit $465,178 in proceeds obtained as a result of his criminal activity. The arrest and February 16 sentencing was a result of a worksite enforcement investigation conducted by U.S. Immigration and Customs Enforcement (ICE) in 2010.
According to an ICE press release, the illegal workers hired by Perkins were not asked to provide documents that verified immigration status or lawful right to work in the United States.
“We will hold employers accountable for their actions,” said Gary Hartwig, special agent in charge of ICE HSI in Chicago. “Mr. Perkins knowingly hired an illegal workforce and circumvented our nation’s immigration laws for financial gain.”
To read the full press release from Immigration and Customs Enforcement, click here.
Changes to the Employment Authorization Document, a List A Document
February 15th, 2011 § 1 Comment
On February 11, 2011, U.S. Citizenship and Immigration Services (USCIS) announced that they will start issuing a document that combines the Employment Authorization card and Advance Parole document. The new card will look similar to the current Employment Authorization Document, but will also include text that reads, “Serves as I-512 Advance Parole.” USCIS issued a statement that said, “Employers may accept the new card as a List A document when completing the Employment Eligibility Verification, Form I-9.”
Employers should accept the new Employment Authorization cards as a List A document and should also continue to accept Employment Authorization cards (Form I-766) on the I-9 form. For more information about the EAD and Advance Parole card, see the related Questions and Answers.
I-9 Completion Timeline: When to Complete the I-9 Form
February 2nd, 2011 § Leave a Comment
Click here to download the free PDF.
GoffWilson presents another tool for I-9 Compliance: The I-9 Completion Timeline. Download the free PDF for quick reference.
Employers are required to complete an I-9 form at the time of hire for all employees that have been hired on or after November 6, 1986. The employee must complete Section 1 prior to the end of the first day of employment for pay. If an employee starts working on a Monday, Section 1 of the form must be completed by the close of business on Monday.
The employer must review the original documents and complete Section 2 within three business days of the first day of work for pay. This has been interpreted to mean that if an employee starts working on Monday, the employer must have Section 2 completed by close of business on Thursday. Similarly, if an employer has enrolled in E-Verify, the E-Verify inquiry must be initiated before the end of the third day of employment.
If an employee has been hired to work less than three business days, the entire I-9 form must be completed before the employee begins working.
Some employers prefer to complete the I-9 prior to the employee’s first day of employment, which is an acceptable business practice. The I-9 form may be completed prior to the first day of employment, but the decision to hire the employee must have already been made. The I-9 verification process cannot be used to pre-screen job applicants. At this time, E-Verify inquiries cannot be made prior to the first day of employment. If the I-9 form has been completed prior to the employee’s start date, the employer must revisit the employee’s paperwork and submit the E-Verify inquiry after the employee starts working and before the end of the third day of employment.
UPDATED M-274 Handbook for Employers: A Must-Have Resource
January 31st, 2011 § Leave a Comment
The U.S. Citizenship and Immigration Services (USCIS) recently released an updated version of The Handbook for Employers (Rev. 01/05/11), also known as the M-274. This must-have resource assists employers better understand the Form I-9 process.
According to a message from Director Mayorkas of the USCIS, the new improvements include:
- New visual aids for completing Form I-9
- Examples of new relevant USCIS documents
- Expanded guidance on lawful permanent residents, refugees and asylees, individuals in Temporary Protected Status (TPS), and exchange visitors and foreign students
- Expanded guidance on the processing of employees in or porting to H1-B status and H2-A status
- Expanded guidance on extensions of stay for employees with temporary employment authorization
Download the updated version of M-274 Handbook for Employers – you will always find a link to the most recent version on the left-hand side of The Immigration bLAWg, under blogroll. The M-274 Handbook for Employers, along with advanced I-9 and E-Verify training is significant step for achieving compliance.
If you have questions regarding M-274 Handbook, please email or call GoffWilson: info@goffwilson.com, 603.228.1277.
H-1B Cap Reached for FY 2011!
January 28th, 2011 § 1 Comment
According to the U.S. Citizenship and Immigration Services (USCIS), as of Thursday, February 27, 2011, the H-1B Visa Cap for FY 2011 has been reached. For the full press release, click here.
There is an annual 65,000 limitation on H-1B visas. (this is called “the cap”); Some petitions are exempt from the cap under the advanced degree exemption provided to the first 20, 000 petitions filed for an individual who has obtained a US Master’s degree or higher.
In addition, there are reserved 6,800 H visas from the cap for Us-Chile and US-Singapore Free Trade Agreements. Any unused numbers here are made available for H-1B use for the next year.
Final Update by GoffWilson: January 27, 2011
©2011, GoffWilson, P.A. All Rights Reserved.
For more information, or answers to specific questions regarding the H-1B Visa, please contact GoffWilson.
Violation of H-1B Provisions Leads to 700K+ in Fines for Computer Consulting Company
January 10th, 2011 § Leave a Comment
According to a press release issued by the U.S. Department of Labor (DOL), Peri Software Solutions, Inc of Newark, NJ, and it’s owner Saravanan Periasam will pay $638,000 in back wages and interest to 67 workers because a of H-1B provision violation of the Immigration and Nationality Act.
In addition, Peri Software Solutions Inc must also pay $126,778 in civil money penalties and the company is debarred for one year from participating in the H-1B program.
The H-1B is a non-immigrant visa, that allow U.S. employers to temporarily employ foreign workers in specialty occupations such as computer programming, architecture, engineering, mathematics, and physical sciences. The DOL is responsible for establishing specific guidelines for the H-1B Visa to ensure that foreign workers do not displace U.S. workers.
Nancy J. Leppink, Deputy Administrator of the DOJ Wage and Hour Division stated:
“Peri Software not only took advantage of these workers by not properly compensating them, it also violated the part of the law that provides the greatest protection to the American workforce. “When companies participating in the H-1B program do not post filed labor condition applications, they clearly undercut American workers who may be qualified for available employment but aren’t aware of it.”
To read the full press release, visit the DOJ website. Visit GoffWilson.com for more information regarding the H-1B Visa.
