MDIVANI CORPORATE IMMIGRATION UPDATE

NEW FORM I-9: Top Ten Changes

USCIS has just released the long-awaited new Form I-9. We have spent time pouring over the new form as well as the NINE additional pages of instructions and assembled the Top Ten Changes that employers need to be aware of going forward. 1. The heading now specifically states that “Employers are liable for errors in the completion of [the] form” and the instructions make clear that “employers may be fined if the form is not properly completed.” 2. The instructions now include that if an employee falsely attests to being a citizen the Form can be used in removal (deportation) proceedings. 3. The Employee Attestation section now only requires that an alien authorized to work provide an USCI

Documenting Work Authorization on I-9 with Machine Readable Immigrant Visa

In conducting an I-9 audit this week, the following question arose: If a former employee is rehired, does the employer need to fill out a new Form I-9? Does the employer need to E-verify him again? Does it matter if the employee’s identity document is still valid? This is the situation: Employee was hired in 2014. Employer properly completed an I-9 and created an E-verify case when employee was hired. Employee quit in 2015. Employer stored the original I-9 in a binder for terminated employees. Employee is now rehired in 2016. The identity document he used in 2014 is still valid. Questions: Does the employer have to complete a new Form I-9? Does the employer have to E-verify this employee aga

Buffalo Restaurant Owner Charged With Harboring Unauthorized Workers

The owner of four restaurants in Buffalo was recently audited by ICE and charged by the Department of Justice. It’s alleged that the owner, Sergio Mucino, employed a total of 38 workers, 25 of whom were allegedly unauthorized. ICE charged Mucino, along with several other men, in “harboring” unauthorized workers. The owner now faces the possibility of a 10 year jail sentence and up to $250,000 in fines. What does “harboring” mean, according to ICE? The term “harboring” is mu ch broader than most think. It can be any conduct that helps an unauthorized worker to remain in the U.S. Under Racketeering Influence and Corrupt Organizations Act (RICO), employers can be found to be harboring by simply

Who Do U.S. Employers Jump Through the Hoops for? DOL Report Shows Employers Continue to Sponsor Gre

November 1, 2016. Analysis of the DOL report summarizing up-to-date 2016 numbers makes it clear that U.S. employers continue to jump through considerable legal and financial hoops to undergo employment-based green card process to retain international personnel for positions that US labor market does not have sufficient number of qualified U.S. workers. DOL numbers show that that top occupations are in computer, mathematics, and engineering fields in professional, scientific an tech services, with over 47% of them requiring advanced degrees. Specifically, the report shows that Top 5 Employment-Based Green Card Occupations are: Computer and Mathematical 67,365 (58%) Architecture and Eng

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Overland Park, KS 66211

United States

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