MDIVANI CORPORATE IMMIGRATION UPDATE

What to do when your student employee has expired Employment Authorization Documentation and no rece

We receive many questions regarding the work authorization of students presenting an expired Employment Authorization Document (EAD) and how to record their documentation on the Form I-9, if they are work authorized. This article addresses the specific situation of when a student has an expired EAD and NO receipt notice yet. For guidance regarding an expired EAD with receipt notice, see our previous article on automatic extensions of EADs. Example: Student presents an Expired EAD and an endorsed Form I-20 recommending a STEM extension, but no receipt notice for the new EAD yet. Employer’s HR should update Form I-9. Enter the following information under List A in Section 2: EAD document ti

Handling Compliance Issues for Foreign National Employees in the Modern Workforce: Update from AILA

We have recently returned from a weekend of learning about in-depth compliance issues for business immigration matters at AILA’s Conference on Worksite Enforcement and Compliance. My colleague, Mira Mdivani, recently posted an article about scrutiny in the H-1B program and about FDNS fraud investigations, which is a significant discussion. Another important discussion for employers to have surrounds handling compliance issues for foreign national employees in the modern workforce. How should employers tackle contractor status, third party placement, and movement of personnel outside of direct H-1B employment scenarios? F-1 STEM OPT: The F-1 program is run by Immigration and Customs Enforceme

Update from AILA Employer Immigration Compliance Conference: H-1B COMPLIANCE in the AGE of H-1B INVE

My colleague, business immigration attorney Danielle Atchison, and I are in Boston attending the AILA (America Immigration Lawyers Association) Employer Compliance and Worksite Enforcement Conference. I will be posting reports throughout the two days of the conference. It has been clear from the start of the conference that employer immigration compliance issues will continue to be at the forefront of our practice. The first session covered employer issues triggered by the implementation of the April 2017 Buy American Hire American Executive Order (BAHA). BAHA directed government agencies to “propose new rules and issue new guidance, to supervise or revise previous rules and guidance…to prot

ICE Targets Over 5,200 Businesses in Increased Enforcement Operations

ICE is keeping its promise of increased worksite enforcement…On July 24, 2018, the Department of Homeland Security (DHS) released that U.S. Immigration and Customs Enforcement (ICE) has delivered over 5,200 I-9 audit notices to businesses across the country since January. The news release states that this increased enforcement has been a part of a “two-phase nationwide operation” to determine whether employers are complying with federal immigration regulations. According to the release, 2,738 of these Notices of Inspection (NOI) were served in just a five-day timeframe, from July 16 to July 20th. With this strategy, ICE is pursuing any and all leads against US Employers. They plan to utilize

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