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E-Verify Self Check

The USCIS Self-Check Initiative will go into effect on March 18, 2011 and will permit individuals to check their work authorization status prior to being hired and to enter data into the E-Verify system that might be reflected in federal databases to ensure that the information relating to their eligibility to work is correct and up to date.  This will lead to a more  reliable and accurate E-Verify system that works better for both employers and employees.

How does Self-Check work?

E-Verify self check uses a Web-based interface that will be accessible to all individuals and is a free, voluntary service offered by the government to provide information to the user about his/her employment eligibility in the USA.  The user will not need to register or open an account, but will be required to agree to the “Terms of Use” and restrictions on usage (you may only run a self check on your own information) detailed on the E-Verify Self-Check website before granted access.

The information collected will only be used to:

• Confirm the identity of the user and
• Confirmation of work authorization

The user will be asked to confirm their current work authorization status and to enter minimal biographic information (name, address, date of birth, the social security number is optional).

After the information is submitted it is authenticated by a 3^rd party Identify Assurance Service that will generate 2 and 4 questions that only the user can answer.  If the user is unable to answer a question or the databases of available information from public records, financial institutions and other available records are insufficient, the user’s identify will not be authenticated and the user will be unable to advance to the next step and complete usage of the system. In this event, none of the information entered is provided to or retained by E-Verify Self-Check.  The system does retain, however, a transaction number, the reason for failure, the date and time of the transaction and the error code.

Once the user’s identity has been authenticated, they can then run an employment eligibility query to determine their work eligibility status.  The biographic information that was provided will pre-populate (and cannot be changed) and additional information will be requested that is identical to the information and documentation required for the I-9 form. Following this step, one of three results can occur:

1)  Confirmation of Work Authorization

2)   Possible SSA mis-match information; and

3)  Possible immigration information mis-match

The user is then asked if they wish to resolve the issue if 2 & 3 above are received.  With an SSA mis-match, the system generates a form with their name and biographic information along with the E-Verify Case Number with detailed instructions as to how to resolve the issue  If the issue is immigration related, the system provides instructions to contact E-Verify Customer Service to assist in the correction of their immigration records within 72 hours after the inquiry to speak with a status verification representative.  If the user’s record cannot be corrected by the representative, the user will be advised of further actions required to resolve their immigration mis-match.

Confirming Work Authorization Without Identity

If an individual is unable to authenticate through the IdP but wants to determine work authorization status prior to hire, USCIS will provide information on how to visit a Social Security Administration field office, access Social Security yearly statements, call USCIS, or submit a Freedom of Information Act/ Privacy Act request to access work authorization records. The individual will also be advised to check the information at the various credit bureaus and through a free credit check website.

Conclusion

With the self check program, workers will be able to use E-Verify in much the same way as employers, except that workers will need to take extra steps to verify their own identity.  It will alleviate much of the administrative burdens that fall on employers who receive an E-Verify non-tentative confirmation of an employee’s work eligibility, since the new tool should allow employees to identify and resolve verification problems before they begin a new job.

Resources

For more information on E-Verify, visit USCIS’  E-Verify homepage.

E-Verify Employee Rights and  Responsibilities

If you prefer to listen to a podcast of our news blog, you can access it here.

Last week, USCIS announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485. This new card represents a significant improvement from the current practice of issuing paper Advance Parole documents.   A sample card and FAQs can be found here.

The card looks similar to the current Employment Authorization Document (EAD) but will include text that reads, “Serves as I-512 Advance Parole.” A card with this text will serve as both an employment authorization and Advance Parole document. The new card is also more secure and more durable than the current paper Advance Parole document.

An applicant may receive this card when he or she files an Application for Employment Authorization, Form I-765, and an Application for Travel Document, Form I-131, concurrently with or after filing Form I-485. USCIS will continue to issue separate EAD and Advance Parole documents as warranted. Employers may accept the new card as a List A document when completing the Employment Eligibility Verification, Form I-9.  The back of the card retains the machine-readable zone (MRZ) which was introduced on EADs back in May of 2010.  The new document is evidence of “temporary” work authorization which has an expiration date that will need to be reverified in order for the employee to maintain their work authorization in the USA.  The reverification can be indicated on Section 3 of the I-9 form or by completing a new I-9 form.

Note that the EAD card for those employers that participate in E-Verify, is one of three documents which must be photocopied and retained by the employer during the I-9 process as part of the E-Verify photo matching requirement.

As with the current Advance Parole document, obtaining a combined Advance Parole and employment authorization card allows an applicant for adjustment of status to travel abroad and return to the U.S. without abandoning the pending adjustment application. Upon returning to the U.S., the individual who travels with the card must present the card to request parole through the port-of-entry. The decision to parole the individual is made at the port-of-entry. Individuals who have been unlawfully present in the U.S. and subsequently depart and seek re-entry through a grant of parole may be inadmissible and ineligible to adjust their status.

The USCIS held a public engagement stakeholder conference on February 2, 2011 where Director Mayorkas announced several new initiatives that they would be launching. We’ll address a few of them, as follows:

1. A partnership with DMV so that they have the capability of accessing the DMV database.  More on this to follow
2. USCIS “Mobile”:  A program that will enable mobile units to access areas within communities that are not being served by pro bono organizations
3. The Secure Mail Initiative:  A partnership with the US Postal Service to ensure that important mail is forwarded and involves sending the secure documents using   Priority Mail with Delivery Confirmation. Using this process allows them to track each individual piece of mail electronically through the U.S. Postal Service and speeds our delivery time while enhancing accountability.  Unfortunately this does not include at this time the mailing of receipt or appointment notices.  Although no plan is perfect, it seems like this new method of mailing important immigration documentation will ensure document receipt in most cases as the recipient, or someone in the same household, will be required to confirm delivery of this documentation.
4. The VIBE Program:  USCIS first announced VIBE back in May 2010 and apparently the beta testing that was supposed to start in June has been delayed until now.  Petitioning employers could possibly begin to see more questions from USCIS about their business operations, commercial activities, structure and employee population.  The program will use Dun & Bradstreet (D&B) databases to verify employer information that is required in certain employment-based petitions. The program is supposedly designed to reduce the documentation that employers are now required to submit with each filing.  VIBE will be used to confirm a petitioner’s ownership, date of establishment, current address, financial information and their relationship with other entities, to name a few.  We highly advise employers to be proactive and update their D&B information and correct any errors.  VIBE will be used to verify I-129 nonimmigrant petitions for E, H-1B, L-1, L blanket, and TN classification, among others.  The I-140 immigrant petitions in the employment-based first preference (EB-1) subcategories for outstanding professors and researchers and multinational managers will also be verified through VIBE, as will EB-2 advanced-degree professional and exceptional ability cases and EB-3 professional, skilled and unskilled worker petitions. VIBE will not be used in for EB-1 extraordinary ability, EB-2 national interest waiver or EB-5 immigrant investor classification, or for O and P nonimmigrant petitions.  The VIBE Program could mean that employers may receive more USCIS requests for evidence (RFEs) and notices of intent to deny (NOIDs)  on immigration petitions, which could cause delays in processing. Be alert to the fact that USCIS plans to issue RFEs or NOIDs when the information provided in an employment-based petition conflicts with the Dun & Bradstreet databases that appear to be the program’s significant resource.
5. “I-9 Cental”  Website:   USCIS will be announcing a new I-9 form compliance website that’s supposed to be available in the Spring of 2011.  The website will provide detailed guidance on how to complete the I-9 form.  The website is supposed to offer smart features such help text, drop down boxes and other interactive tools to help guide the employer and to prevent some of the most comon errors from occurring. 

 We will continue to update on VIBE and I-9 Central as well as other USCIS new initiatives as we hear about them.

For those of you who might like to listen to the news rather than read it, we invite you to tune into “InFOCUS” – immigration news and updates to listen to our podcast on the above-captioned topic.  Should you wish to contact our office to discuss your particular immigration needs, please feel free to do so here.

For those of you who might rather listen to our news than read it, we are releasing a podcast of a previous Blog post on the topic of the I-9 Revised Employer Handbook that was released by USCIS last month that provides additional guidance on many of the most frequently asked questions that we see in our employer compliance practice.  Have a listen and please take our Survey.   For a list of our compliance services and solutions we link here.

#1: The Job Description and Degree Requirement

The job offer and the job description must be for a specialty occupation that requires a minimum of a bachelor’s degree or its foreign equivalent.  What is the definition of a specialty occupation?  A specialty occupation requires the theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. For example, information technology, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.

Small to medium-size companies are being asked to justify why the position requires someone with a bachelor’s degree and to explain, through various types of evidence including organizational charts, classified ads for the position, and educational information pertaining to existing or previous employees in the same position, why their business is more unique than other similar businesses in their industry that they would require a candidate with a bachelor’s degree in a particular position.

Bachelor’s Degree equivalency can be attained through a single-source foreign degree that meets US standards, a combination of a degree and work experience, or a work experience alone equivalency that meets the “3 for 1” rule; namely, that 3 years of work experience to 1 year of university level education (this requires an expert credential evaluation by a service that is authorized to evaluate work experience).

Note: Bear in mind that if you have a skilled immigration professional that has a strategy in place for your green-card sponsorship (permanent residency), it is essential that your degree and its equivalency be carefully reviewed so that it will be compatible with the classification under which you will be filing your PERM labor certification and green-card case.

USCIS now requires very detailed job descriptions that contain the position summary, duties and responsibilities, as well as the percentage of time spent on each job duty. It is hard to imagine that a job description with a 15-bullet point list of duties and a full page in length is insufficient, but when you work with a skilled immigration practitioner, this can be successfully argued against the O*NET and the OOH which is the primary source of job information for USCIS and the Department of Labor.

In summary: Employers need to be prepared with complete job descriptions for their H-1B prospective employees and document the need for a degreed professional thoroughly in their casework and work with an immigration attorney that is well versed in handling H-1Bs as well as PERM labor certifications.

#2:  Plan Ahead and File Early

When should I start my case? Immigration Solutions accepts H-1B cap-subject cases well in advance of April 1st to avoid the rush that normally occurs when employers become aware of cap deadlines and when foreign workers obtain job offers that require cap subject visa numbers. Bottom line, cap-subject cases should be started ASAP.  We advise employers to assess their hiring needs for FY 2012 and contact their immigration attorney to discuss timing issues.

How long does it take to prepare an H-1B Case? We do not recommend waiting until the last minute because of the various government agencies that are involved in the process. With good front-end case strategy, consulting with an attorney that has a depth of experience with H-1Bs with and a streamlined case process – the many steps involved in preparing an H-1B requiring the cooperation of all parties, can go very smooth and an approvable petition can be filed with all necessary supporting documentation.  An approval requires that a case be prepared correctly from the start.  It is often not possible to reverse strategy after the case is filed.  Planning ahead is crucial to flush out any issues that need to be overcome, particularly when working with IT and healthcare consultants and staffing agencies that have 3^rd party jobsite issues.

In summary, the demand for H-1B visas, although not as high in this economy, have tougher documentation standards and Department of Labor delays sometimes for several weeks with employer EIN# verification issues. By understanding the issues involved in the H-1B process, one can take a proactive approach to assure that the needs of all parties are addressed early.

#3:  When the Occupation Requires a License

USCIS’ approval of an H-1B petition that requires a license, is not authorization for the employee to practice his or her profession without the required license. This is particularly prevalent when processing H-1Bs for teachers and healthcare professionals.  USCIS regulation provides that if an occupation requires a state or local license to fully perform the duties of the occupation, the foreign worker must have the license prior to the approval of the petition.

This can be a Catch 22….Some states will not issue a state license unless the individual worker presents evidence to the State Board that they are legally authorized to be employed in the USA. Some State Boards require the worker to establish to the State Board that they have been granted H-1B status as a prerequisite to issuing the license. For example, certain State Boards of Pharmacy will not issue a pharmacist license until the worker presents evidence of work authorization. Teachers and registered nurses have been unable to obtain licensure until they obtain social security numbers which cannot be achieved until one is authorized to work in the USA.

With the above being said, USCIS adjudicators have been instructed to approve H-1B petitions for a one-year period if a State or local license to engage in the profession is required, and the appropriate licensing authority will not provide such license to the worker without evidence that that they have been granted H-1B status. At the end of the one-year period, the employer is required to file another petition with a request for extension and also present evidence at that time that state licensure has been obtained.

As a condition to approving petitions involving state or local licensure, the worker must demonstrate that they have filed an application for the license according to the State or local rules and procedures, provide evidence that they are qualified to receive the license, and that all educational, training experience and other requirements are met, including healthcare certification, at the time of filing the petition. For instance, Physical Therapists must provide a letter or statement signed by an authorized state physical therapy licensing official in the state of intended employment, indicating that the PT is qualified to take the state’s written licensing examination for physical therapists and thereafter obtain state licensure.

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If you are not a client of our firm and would like to discuss H-1Bs as well as any other immigration matters, we invite you to contact us at info@immigrationsolution.net | telephone 562 612.3996 to set up a consutation.

Last week the House subcommittee on immigration policy and enforcement held their first hearing on “ICE Worksite Enforcement – Up to the Job?” The major agenda item was whether or not Immigration and Customs Enforcement (ICE) was adequately enforcing worksite immigration laws.  The Republican members called upon ;their usual sources to diminish the Obama administration’s enforcement efforts, even though Deputy Director of ICE, Kumar Kibble stated quite clearly that ICE has achieved record numbers of investigations, audits, fines, and deportations by citing the below  statistics.  Frankly, after listening to the majority members, one can’t help but wonder if any amount of enforcement would be sufficient to meet their expectations.

Under the Obama administration, ICE has moved  away from raids, and stepped  up the pace of auditing businesses who may be suspect to employing undocumented workers.  However, the emphasis today is more on employers who hire immigrants and not just arresting undocumented immigrants who are working in the factories, the hotels, restaurants and construction businesses.  The vehicle being used to police the workforce is the auditing of I-9 forms,  levying fines and utilizing employer verification tools such as E-Verify and the Ice Mutual Agreement Between the Government and Employers Program.

The Deputy Director cited the following statistics as evidence of the success of ICE’s worksite enforcement: for FY 2010:

• A record 2,746 worksite enforcement investigations, more than doubling the 1,191 cases initiated in FY 2008.
• ICE criminally arrested 196 employers for worksite related violation, surpassing the previous high of 135 in FY 2008.
• ICE also issued a record 2,196 notices of inspection to employers, surpassing the prior year’s record of 1,444 and more than quadrupling the 503 inspections in 2008.
• ICE issued 237 final orders – documents requiring employers to cease violation the law and directing them to pay fines – totaling $6,956,026, compared to the 18 issued for $675,209 in FY 2008.
• The total of $6,956,026 last year represents the most final orders issued since the creation of ICE in 2003.
• In addition worksite investigations resulted in a record $36,611,320 in judicial fines, forfeitures, and restitutions.
• Finally ice brought a new level of integrity to the contracting process by debarring a record 97 businesses and 49 individuals preventing unscrupulous companies from engaging in future business with the government.

The glaring facts that came out of the hearing are that no matter whether it’s worksite raids or company audits with deportations of undocumented aliens, the current state of how foreign born workers are processed into the country is no longer working.  The conversation that we all should be having is the comprehensive reform of how workers are brought into the USA.  We can only hope that the GOP and the Democrats can have civil and reasonable debate that results in meaningful change.  Let’s see what happens.

USCIS announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011. USCIS is notifying the public that yesterday, Jan. 26, 2011, is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.

The final receipt date is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 65,000.  Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked.  USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2011 that arrive after Jan. 26, 2011.

USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on Jan. 26, 2011. USCIS will use this process to select petitions needed to meet the cap.  USCIS will reject all remaining cap-subject petitions not randomly selected and will return the accompanying fee.

Extensions of stay and portability H-1B cases (transferring to a new employer) can still be filed and so can cases for H-1B exempt employers.

As of April 1, 2011, we can start filing new H-1B cases with USCIS to commence employment October 1, 2011.  This is a good time for employers to begin to assess their H-1B hiring reqirements for FY 2012 and plan in advance.

Contact our office should you wish to consult with us and retain us to handle your H-1B immigration cases.

Our talented team at Immigration Solutions that handles our Extraordinary Ability Arts, Entertainment and Sports visa practice for the USA, understands the unique time lines and needs associated when working with people of accomplishment.  We work hand in hand with the principal applicant, their representatives and the employer/sponsor to develop and design compelling and convincing casework based upon each client’s extraordinary skills and abilities in their particular field of endeavor.

There are O-1 visas for extraordinary ability in the arts which include any field of creative activity or endeavor such as, but not limited to, fine arts, visual arts, culinary arts, and performing arts; those engaged in the field of arts include not only the principal creators and performers but other essential persons such as, but not limited to, directors, set designers, lighting designers, sound designers, choreographers,  conductors, composers, musicians, orchestrators, coaches, arrangers, musical supervisors, costume designers, makeup artists, flight masters, stage technicians, animal trainers, etc.

Extraordinary achievement with respect to motion picture and television productions, as commonly defined in the industry, means a very high level of accomplishment in the motion picture or television industry evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent that the person is recognized as outstanding, notable, or leading in the motion picture or television field.

Extraordinary ability with respect to those in the  sciences, education, business or athletics requires that applicants demonstrate that they possess a level of expertise indicating that the person is one of a small percentage who has risen to the top of the field of endeavor.

It’s important to understand the various options available to artists seeking sponsorship (a US employer), which is not necessarily required for this visa classification.  An itinerary of upcoming events can often times be used in lieu of a direct employer-employee arrangement.  A US-based agent can file a petition for artists and entertainers who are considered ‘self-employed’ and are represented by agents who manage and arrange employment on their behalf for several project employers.  Another workable situation is where a foreign employer authorizes an agent to act on its behalf.

A US agent can assume the role of the actual employer of the artist; can be the representative of both the artist and the employer(s); or, a person or entity authorized by the employer to act on its behalf as its agent.

Please contact us by email at info@immigrationsolution.net, and let us know your thoughts and ideas.  We will send you our checklists and together assess your eligibility for either the O-1 visa or the EB-1 green-card (permanent residence).

As previously reported in our blog post and newsletter,on January 12, 2011, USCIS Director Alejandro Mayorkas released the revised version of the I-9 Employer Handbook known as the M-274.  After reviewing the new release, the following is a summary of the additional guidance and answers to FAQs that we think you need to be aware of in order to continue to remain I-9 compliant as well as update your policies and procedures in relation to managing your I-9s.   

Is this a perfect employer handbook? … No — but it is improved and does address many of the questions that we hear from employers in our practice; i.e, questions about name changes, conditional resident status, how to handle H-1B portability, clarifying the Thursday Rule for when the employer must complete Section 2 of the form, and assistance in how to calculate and determine the I-9 retention date for separated employees. So, let’s get started with the issues that produce the most questions:

 Clarifying the Thursday Rule (Page 3)   The Handbook states that employers must review the employee’s documents and complete Section 2 of the form within 3 business days of the first day of work for pay, but not including the actual date of hire – or, Thursday if the employee begins work on Monday.

Clarifying Conditional Residency (Page 9)  Permanent Resident Cards with either an expiration (Conditional Cards) date or no expiration date are List A documents that should not be re-verified.  An example of the new Form I-551 Permanent Resident Card that was issued May 11, 2010 has been included in the examples of “reasonable” authorization documents

Name Changes (page 18)   An employer is not required to update the I-9 form when an employee changes their name, but may do so in Section 3.  The new Q&A section instructs that employers may accept a document with a different name than what is entered in Section 1 (due to married names, compound names, or misspellings) if the documentation presented by the employee reasonably relates to the employee and appears genuine.  USCIS further suggests that if the employer is not satisfied that the presented documents appear genuine and relate to the individual, to request additional documentation to assist in making the determination.  The employer may wish to attach a brief memo to the I-9 detailing the employee’s reason for the name discrepancy, including copies of any supporting documentation the employee chooses to provide; this is referenced on pages 41-42.  There is a reminder for government contractors required to comply with FAR E-Verify that a name change in the system triggers the completion of a new I-9 form under the FAR rule.

Interruptions in Employment (Page 20)    The Handbook now provides guidance to employers about whether a new I-9 form is required after an employee has had a brief interruption in employment.  The Handbook provides examples of continuing employmentsituations such as maternity or paternity leave,  leaves of absence, transferring from one business unit to another unit for the same employer, changing jobsite locations with the same employer.  An employer is not required to fill out a new I-9 form in these situations where there is an expectation of continued employment.

The Temporary Employment Authorization Tablehas been replaced instead with narrative content for refugees and asylees, employees in TPS status (Temporary Protected Status), exchange visitors (J visas), students (F and M visas), H-1B professionals and H-2A agricultural workers.  More on this below.

H-1B Employees Changing Employers (a/k/a “Portability” or an H-1B Transfer) – Page 17   The Handbook restores the ability to “port or transfer” and start working immediately for an employee in valid H-1B status who changes to a new employer upon filing an H-1B petition with USCIS.  The prior 2009 version of the Handbook required the porting H-1B employee t o obtain a Form I-797 receipt notice from USCIS prior to starting employment.  One of the benefits of H-1B portability is that the employee can start right away, so it’s good to see them finally get this right as it applies to the Form I-9.  Further guidance states that the H-1B employee’s Form I-94/I-94A issued for  employment with the previous employer, with the foreign passport, would qualify as List A documents.  You should write “AC-21” and record the date you submitted the I-129 Petition to USCIS in the margin of the I-9 form next to Section 2. 

Page 18 further states that “you should” retain the following documents with the Form I-9 to show that you filed for an extension of stay:  1) A copy of the new Form  I-129;  2) Proof of payment for filing a new Form I-129; and  3) Evidence that you mailed the new I-129 petition to USCIS.  No further guidance has been provided on when or if to re-verify the H-1B petition after it’s approved.   We recommend that you calendar re-verification of H-1B status based upon the dates provided on the I-797 USCIS  approval notice.

Extensions of Status (Page 17-18)   Guidance states that an employee with a petition for extension of status, timely filed before work authorization expires, are eligible for continued employment for up to 240 days beyond the expiration date of the authorization as long as the extension remains  pending.  Details are provided for how to complete the I-9 and the documentation to be attached for those in E-1, E-1, H-1B, H-2B, H-3, L-1, O-1, O-2, P-1, P-2, P-3, Q-1, R-1 and TN classification who have timely filed extensions with the same employer. 

For H-1B extensions, the employer should write “240-Day Ext” and record the date the employer submitted the I-129 Petition Extension to USCIS in the margin of the I-9form next to Section  2 (Page 17).  Further guidance is provided as to what documentation should now be attached to the I-9 form, as follows:

• A copy of the Form I-129 that was filed
• Proof of payment
• Evidence that the new I-129 Petition was mailed to USCIS
• After the extension is filed, USCIS will issue a receipt notice (Form I-797C) which should also then be added and retained with the I-9

Upon approval of the case, the employer should record in Section 3 the document title, number and expiration date listed.  The Handbook further states that the employer must give to the employee the Form I-94A attached at the bottom of the approval notice, which is evidence of the employee’s nonimmigrant status.

J-1 Exchange Visitors and M-1 and F-1 Students Changing to H-1B Status (“The Cap Gap”) – Pages 11-13   This section now includes details on how to complete Section 2 and confirms that the student’s employment authorization will remain valid through September 30^th of the calendar year for which the H-1B is filed, so long as the student’s H-1B status will begin on October 1^st.  The Handbook also informs that an employer must re-verify a student’s Form I-20.  The Form I-20 must show that the cap-gap extension was endorsed by the student’s designated school official.  Re-verification must be done no later than October 1^st.

I-9 Retention Calculator (Page 23)   The Handbook now includes an IRS retention calculator to help employers determine the retention date for terminated or separated employee I-9s.

Electronic Retention of the I-9 Form and Documentation of Electronic Storage Systems – What’s New?  (Page 24)   The Handbook expands guidance to employers that use paper, electronic systems or a combination of paper and electronic.  Employers must follow particular guidelines should they choose to retain their I-9s in an electronic storage system.  Employers who are currently using an electronic retention system or contemplating the future use of an electronic retention system should review the information outlined in the Handbook and consult with their immigration or attorney.

Employees with Temporary Protected Status (TPS)…Page 10   The Department of Homeland Security (DHS) may extend a country’s TPS designation by issuing a Federal Register notice that automatically extends expiring Employment Authorization.  A TPS employee may choose to present an Employment Authorization Document (EAD card) that is expired so long as it has been automatically extended.

 So, how do you determine if the TPS EAD card is a valid List A document?  There is now guidance on how to determine whether DHS has issued an automatic extension of expiring EADs, and how to explain that the status has been extended, as well as sample images of an EAD card that has been issued.  There is additional guidance on how to re-verify refugees and asylees.

Federal Contractors (Page 19)   The new Handbook provides  additional guidance to Federal Contractors about their responsibilities under the amended FAR related  to employment eligibility verification and states that the regulation requires contractors with a federal contract that contains the FAR E-Verify clause to use E-Verify for their new hires and all employees (existing and new) assigned to the contract.  Additionally, guidance is provided that where an employee working for a FAR employer undergoes a name change and the employer chooses to verify existing employees by updating existing I-9s, and then a new I-9 form must be completed.

Check out the new Q&A section on pages 37-49

For questions pertaining to the revised Handbook and how to implement the new guidance into your current I-9 policies and procedures, please contact our office.

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