partners with its business clients on issues regarding immigration related corporate compliance and training. U.S. employers are obligated to adhere to a vast regulatory scheme. Regulations are often complex, in-depth and continually changing. works diligently to assist our business clients in achieving compliance. With the increase in work place enforcement and potential criminal penalties, it is imperative that employers address immigration related corporate compliance issues. encourages its business clients to implement comprehensive procedures and policies, and to train their staff to avoid common immigration errors.
- Form I-9 Preparation, Retention, Compliance & Audits
- Labor Condition Application Compliance
- PERM Labor Certification Compliance
- No Benching Issues for H-1B Employers
- Drafting and Implementing Immigration Related Policies and Procedures
recognizes that information is key to corporate compliance. We encourage our business clients to check this page often for related news and updates. If you have additional questions, please directly contact .
August 08, 2008
Additional Document Added to Form I-9 List A
The USCIS announced that the new U.S. Passport Card is an acceptable “List A” document for purposes of Form I-9. List A documents establish both identity and the authorization to work in the U.S. The U.S. Passport Card, which is now available, is designed for use by U.S. citizens for travel by land and sea ports of entry to Canada, Mexico, the Caribbean and Bermuda without the need of the traditional passport.
March 6, 2008
New H-1Bs for FY 2009
As you know in recent years cap-subject H-1Bs have been very hard to come by. The USCIS received over 100,000 Cap-Subject H-1b petitions on the first day Cap-Subject H-1Bs were accepted for FY 2008. We anticipate similar results for FY 2009. The USCIS will begin to accept Cap-Subject H-1b petitions for FY 2009 on April 01, 2008.
In order to ensure timely filing of FY Cap-Subject H-1B petitions, US Visa Pro is currently preparing the petitions for filing. Please contact our office as soon as possible for any cap-subject H-1B filings. We would note that because of “Cap Gap” issues, H-1B petitions should be filed for any F-1 students currently working under Optional Practical Training.
Additional information about the cap follows:
A total of 85,000 new H-1Bs are available per government fiscal year. Cap related H-1Bs are available as follows:
- 57,000 Available to All Qualifying Beneficiaries
- 20,000 Available to Graduates holding U.S. Master’s degree or higher
- 8,000 Available to Nationals of Singapore and Chile
H-1B Cap Exception:
The H-1B Cap does not apply in the following circumstances:
- Extensions and H-1B transfers ARE NOT subject to the H-1B cap.
- Employees who will work at an institution of higher education as defined in the Higher Education Act of 1965
- Employees who will work at a nonprofit organization or entity related to or affiliated with an institution of higher education
- Employees who will work at a nonprofit research organization or a governmental research organization
Petitions for H-1B status can be filed up to six-months before the anticipated start date. Given that the H-1B cap has been quickly reached during the last 2 fiscal years, US Visa Pro advises employers to file cap related H-1B petitions as close to April 1st as possible.
January 01, 2008
USCIS Reminds Employers to Use New Form I-9
After December 26, 2007, employers who fail to use the new Form I-9 may be subject to all applicable penalties. All employers are required to complete a Form I-9 for each new employee hired in the United States.
November 8, 2007
USCIS Releases Revised Form I-9
The USCIS released a new version of Form I-9 on November 7, 2007. While the USCIS has yet to announce the change in the Federal Register, it advises that employers should begin to use the Form immediately. Use of the new form will become mandatory once the USCIS announces the same in the Federal Register.
US Visa Pro will advise when the USCIS publishes the announcement in the Federal Register.
US Visa Pro would note that employers only need to use the new form for new employees and for the reverification of employment authorization. There is no need to complete the new form for employees who have already completed a Form I-9.
The key revision to the form is that it now accurately lists the acceptable documents for employment verification and identification (the prior version of the form listed documents which have not been acceptable since implementation of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA).)
Five documents have been removed from List A of the List of Acceptable Documents:
- Certificate of U.S. Citizenship (Form N-560 or N-561)
- Certificate of Naturalization (Form N-550 or N-570)
- Alien Registration Receipt Card (I-151)
- Unexpired Reentry Permit (Form I-327)
- Unexpired Refugee Travel Document (Form I-571)
One document was added to List A of the List of Acceptable Documents:
- Unexpired Employment Authorization Document (I-766)
All the Employment Authorization Documents with photographs in circulation are now included as one item on List A:
- I-688, I-688A, I-688B, I-766
Please see the following links:
November 2, 2007
“AILA Liaison has been advised that DHS has decided to move forward with a new I-9 form and employer handbook at this time, perhaps as early as the week of November 5. Instead of publishing a new regulation now, which we understand had been the original plan, DHS will go forward now with an I-9 based on the 1997/98 regulations, and then will publish a new regulation, with a newer I-9 form, in 2008.” November 01, 2007
October 19, 2007
Rumor of a New I-9 Form
“A number of members have received e-mails from a company promoting a new I-9/W-4 compliance product, prompting questions about the imminent publication of a new I-9 form. AILA Liaison has confirmed with sources in DHS that publication of a new I-9 form is not imminent, though DHS has been working on revisions, as well as corresponding regulations, for some time. It is not expected that a new I-9 will be published in the near future. Publication of a new I-9 form will be preceded by a notice in the Federal Register. AILA will continue to monitor the situation.” AILA InfoNet Doc. No. 07101960 (Posted Oct. 19, 2007).
October 10, 2007
Preliminary Injunction Granted-SSA No Match Rule Letters
The U.S. District Court for the Northern District of California granted plaintiffs’ motion for preliminary injunction preventing implementation of the DHS rule on SSA No-Match letters, in a suit brought by AFL-CIO, ACLU and NILC. AFL-CIO v. Chertoff, No. 07-4472 (N.D.Cal. 10/10/2007).