MDIVANI CORPORATE IMMIGRATION UPDATE

How to Update an I-9 With a Name Change

So, your employee got married and they want to update their name on all documents? Clients often have questions about the lesser used portions of the Form I-9, including how to use Section 3 to show an employee’s name change. This usually comes up when employees get married and wants to update all of their HR documents to reflect their new name. So, what do you do? For a name change, Section 3, Part A of the Form I-9 should be completed. If the employee was hired before the current Form I-9 was issued, make sure to use the newest version of the Form’s Section 3. USCIS has given us guidance that anytime we have a new form I-9, the new form’s Section 3 should be used. Documentation: To update

Which I-9 Documents Need to Be Reverified?

One of the rules applicable to I-9 acceptable documents is that the document must be valid on the day of the form I-9 execution. Most documents presented do not need to be re-verified after the I-9 is completed as long as they were valid on the day of presentation. For example, if a lawful permanent resident card (commonly referred to as "green card") expires after the I-9 is executed, it does not need to be reverified when it expires. However, I-9 Administrators must remember to reverify several I-9 documents before they expire by recording new documents presented in Section 3 of the I-9 or executing a new additional Form I-9. For example, while the "green card" does not need to be reve

Rehiring Employees and the Form I-9

Question: What should I do if I rehire a person who previously filled out a Form I-9? Answer: If the following criteria are met, you may reverify the employee by simply using Section 3 of the Form I-9: The employee's Form I-9 is a version that is currently acceptable; You rehire the person within 3 years of the date that the Form I-9 was originally completed; and The employee is still authorized to work. If the version of Form I-9 that you used for the employee's original verification is no longer valid, you must complete Section 3 of the current Form I-9 upon reverification and attach it to the employee's original Form I-9. The employee must provide any document(s) he or she chooses from th

Northern CA Restaurant Owner Faces Potentially 10yrs Imprisonment and $250K Fine

An owner of two restaurants was audited in August by U.S. Immigration and Customs Enforcement (ICE) and pleaded guilty to harboring unauthorized immigrant workers. The owner of Ruen Tong Thai Cuisine and Walter Café admitted that she knowingly hired several Thai nationals who were not legally present in the U.S. According to the Immigration Reform and Control Act (IRCA), it is illegal to employ an immigrant without work authorization. Those who violate this law face fines of up to $16,000 per worker and potential jail time. Under Racketeer Influenced and Corrupt Organizations Act (RICO), when a person knowingly harbors an unauthorized immigrant, they can receive up to 10 years’ imprisonment

USCIS Nationwide Teleconference

Last week USCIS held a nationwide teleconference with practitioners and professionals involved with immigration. This is what we learned: 1. "Straight H-1B Extensions" (extensions which are filed with the same employer) should be filed with the Nebraska Service Center (NSC) starting September 1st, 2016. They are directing the applications to the NSC in an effort to get them decided more quickly. However, cap exempt employer extensions should still be filed at the California Service Center. 2. USCIS assured us that they are well aware of the problem that many states will not issue driver licenses to H-1B holders who are awaiting approval of their H-1B extension. These workers qualify for a

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Overland Park, KS 66211

United States

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