We’re starting to intake alot of questions concerning these cards as they now filter through the system to employers charged with handling Form I-9 employment verification.

Twelve states and the District of Columbia enacted laws to allow unauthorized immigrants to obtain a driver’s licenses. These states—California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, New Mexico, Nevada, Utah, Vermont and Washington—issue a license if an applicant provides certain documentation, such as a foreign birth certificate, a foreign passport, or a consular card and evidence of current residency in the state. Eight of these states extended driving privileges in 2013. In 2015, Delaware and Hawaii enacted legislation to give unauthorized immigrants driving privileges.

Here are examples of some of the cards with various different annotations.

An employer is required to accept as a list B document an unexpired driver’s license or ID that meets the standard for I-9 purposes.  What’s the standard?  A photo and other identifying information such as, their name, date of birth, gender, height, eye color and address. The underlying issue here is state law vs. immigration (federal law) and USCIS regulations concerning Form I-9.

Both USCIS and OSC concur, despite the various different types of annotations that appear on driver authorization cards, that they meet the regulations for an acceptable List B document if they adhere to the standards mentioned above.

An employer is required to examine the documents presented by its employee and determine whether they meet Form I-9 requirements. If the employer accepts any document, including a state-issued license or driver authorization card, or other type of ID with a limiting notation as a List B document, the employer must also examine a List C document that evidences employment authorization in order to make a proper determination if the individual is eligible for employment.

Employers may reject a document if it does not reasonably appear to be genuine or to relate to the employee. Rejecting a document that satisfies Form I-9 requirements may constitute illegal discrimination under the Immigration and Nationality Act’s anti-discrimination provision or Title VII of the Civil Rights Act of 1964.

USCIS released details of proposed new changes to the E-Verify program on June 8, 2015 that were published this week.  The notice, found here, proposes several changes to E-Verify and seeks public comments until August 7, 2015 and links to new Q&A.   These changes will affect all employer users, including Federal Acquisition Regulation (FAR) contractors.

The three critical changes entail:

1)  Requirement that employers re-verify the continuing work authorization of employees within three “Employer” days of the expiration of the employee’s “last” grant of work authorization.

a)  This requirement tracks the current continuing duty of employers to re-verify expiring work authorization of employees in Section 3 of the I-9 form or, in the alternative, to complete a new I-9.

b)  This differs from the I-9 process in that the E-Verify time frame for re-verification of the employment authorization is three days after its expiration, whereby the I-9 regulations state that an employer re-verify the expiring work authorization of an employee on or before the day it expires. In E-Verify, the proposed process cannot be started until after the expiration of the employment authorization.

c)  The re-verification requirement extends to employees hired before an employer began participating in the E-Verify program. Thus, the proposed change would require that employers re-verify an employee’s expiring work authorization regardless of whether they have previously created an E-Verify case for that employee or not. This again differs from the current E-Verify program rules that explicitly prohibit an employer verifying the work authorization of employees hired before the employer began participating in the program (with the exception of FAR E-Verify employers).

2)  Requirement that employers print the re-verification confirmation page and retain it along with an employee’s I-9 records or record the E-Verify re-verification case number on the employee’s I-9 Form.

3)  Provides a process for employees to seek review of E-Verify Final-Nonconfirmations.

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Immigration Compliance Group provides US inbound visa services to individuals and employers throughout the USA and abroad. We specialize in business immigration and have a depth of experience in the IT, healthcare, arts, entertainment and sports industries, amongst others. Our services include complex business visas for investors, multinational managers, skilled professionals, outstanding individuals of high achievement and PERM Labor Certification. We additionally provide employer compliance consulting services on proper I-9 (Employment Eligibility Verification) management, auditing, training, and work with our clients to develop a culture of immigration compliance.

Since early 2015, qualified California residents have been able to apply for and receive a driver’s license issued by the Department of Motor Vehicles without proving that their presence in the United States is authorized under federal law.  All employers must accept the AB 60 driver’s license as a Form I-9 List B Identity document if the license reasonably appears to be genuine and to relate to the individual.  As with all permissible List B driver’s licenses, the AB 60 driver’s license must contain either a photograph or list the individual’s name, date of birth, gender, height, eye color, and address. The AB 60 driver’s license only documents the employee’s identity; California employers must still examine a List C document that establishes employment authorization, such as a Social Security card or birth certificate.

View the Example of the AB-CA Driver’s License annotated with “Federal Benefits Apply”.

As the House begins its August recess today (the Senate goes home next week), Members of Congress are returning home to kiss babies and meet with constituents on a host of issues. We are betting that some of those visits will be about this country’s broken immigration system.

Nothing moves members of Congress more than face-to-face meetings with constituents letting them know what they care about. So in honor of summer recess, the IPC is reminding you of our top resources that can be used when paying a visit to your local legislator.

We link to Immigration Impact

Senator Schumer issues a game plan that he thinks will get a CIR bill passed.

We link to the ILW.com article.

(Reuters, San Francisco)…..

Silicon Valley is facing a brain drain of high achieving foreign-born students, more of whom are leaving in the face of a chilly local immigration environment in a trend experts say will hurt U.S. high-tech industry competitiveness in the long run.

We link to the article. “We’re simply not producing, in relative terms, significant numbers of engineers or scientists from people who have already been here for a number of generations”, said Wilcox, who specializes in helping the start-ups that gave his bank its name.  “You’ve got to bring them in from the outside.”

Reviews:  The inspection process, what does the law say, what can I expect to happen at a US port of entry and more….

http://www.ilw.com/immigdaily/news/2009,0624-admission.shtm

We link to this document:

http://www.docstoc.com/docs/7499686/AILA-Open-Forum—Dept-of-Labor

For those of you who are not aware, AILA is the abbreviation for the American Immigration Lawyer’s Association.

We will be reporting the next few days on some of the highlights and pertinent information from the NV AILA Conference.

…How about the return of Premium Processing (expedite service) for I-140’s:  EB-1for outstanding professors and researchers ONLY; EB-2 (does not include National Interest Waivers) and EB-3.  No exact date was offered, but it was stated that this would be implemented toward the end of the summer 2009.  Please remember to discuss this thoroughly with an expert attorney in immigration law to determine if this is a viable option for you.

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