Make Sure Your International Employee is Prepared for Foreign Travel and Checks Their I-94 Early and

The most sneaky and common issue affecting international employee immigration status is when the workers travel abroad. Here are two very basic ways to prevent an issue: Make sure your international employees inform you (the employer) and someone informs your immigration attorney if foreign travel is planned. After your employee travels, they should immediately check their I-94 to ensure they were admitted in the correct status and for the amount of time expected. Why does this matter? If the employee has left the U.S. without the appropriate documents to return OR does not know they need a visa in their passport to return, the ramifications could be disastrous. They could be denied admissio

USCIS Announces Flexibility in H-2B Program for International Workers Deemed Essential to U.S. Food

USCIS recently relaxed some parts of the H-2B program for workers in industries deemed essential to the U.S. Food Supply Chain. What is the H-2B Program? The H-2B program is utilized to hire foreign nationals for temporary/seasonal work where the employer can prove there are no able, willing, qualified, and available U.S. workers for the positions. The H-2B program, like all other work visa programs, has strict rules on changing employment and limits to how long they may work in the U.S. year-after-year. Why is this important? The temporary rule changes allow for H-2B workers in qualifying industries/positions to start work on the requested start date as soon as USCIS has receives the H-2B p

USCIS Extends Temporary I-9 Changes until June 18

USCIS is extending the flexibility in I-9 Requirements for 30 days from May 19 until June 18, 2020. We reported on the changes here: DHS Guidance Update for E-Verify and I-9 Compliance During COVID-19 Pandemic As a reminder, the policy states allows for employers with specifically written policies to virtually inspect documents presented for Form I-9 purposes. If your company still need to set up your policy or want to learn more about it, you can access our FREE video discussion these policy changes: Danielle Atchison Business Immigration Attorney MDIVANI CORPORATE IMMIGRATION LAW FIRM

Temporary DHS Policy Allows US Employers to Accept Certain Expired Identity Documents

Employers can Temporarily Accept Certain Expired Identity Documents As of May 1, 2020, Employers can temporarily accept Employees’ expired Identity Documents (List B documents) for documents that expired on or after March 1, 2020. This is because of COVID-19 related DMV shut-downs. Employers Should Record the Applicable Expired Identity Documents as Receipts on the Form I-9 If an employee presents an otherwise valid List B document that expired on or after March 1, 2020, the employer can treat this document as a valid receipt, meaning it is valid for 90 days. The I-9 should be updated with the employee’s new document once the employee receives their new document. I-9 Administrator Certif

How the Disruption of Routine Visa Services Impacts US Employers

Worldwide Suspension of Routine Visa Services Disrupts Work Visas While COVID-19 continues to change the way companies are operating, employers are now facing another hurdle in bringing on talent or maintaining work authorization for employees. Department of State temporarily ceased all operations abroad, just two days after USCIS announced the closure of its field offices. To date, the U.S. Embassies and Consulates remain closed. Employers Should Be Aware of Potential Work Disruptions: Any cases that require consular processing (processing a work visa at a U.S. Embassy or Consulate abroad) will not occur until the Department of State is cleared to resume work. At this time, it is not clear

USCIS Release New I-9 Guidance for Employers

What do Employers Need to Know: USCIS has released updated I-9 guidance to Employers via a new M-274, Handbook for Employers, for completing the Form I-9. The new handbook for employers can be found here: M-274 Handbook for Employers Summary of Changes: A full summary of changes from USCIS can be found here: Major Guidance Changes: Revised guidance states that employers should enter expiration date changes based on automatic extensions of documents in the Additional Information field in Section 2. Revised guidance eliminated instructions to have the employee cross out and initial i

Today Employers Must Start Using The New Form I-9

Starting Today Employers Must Use The New Form I-9 As of today, May 1, 2020, Employers MUST use the new version of the Form I-9 showing expiration date of 10/31/2022 at the top right of the form. Hopefully, all employers are already using the new version of the Form I-9, and this is simply a reminder that as of today, employers may be subject to fines and penalties if they use the expired version that was allowed by USCIS until April 30, 2020. For more details about the new form I-9, please see our previous article here: Employer Should Ensure Their I-9 Vendors a

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