New Form I-9 Released on March 8, 2013

The government revised the Form I-9, Employment Eligibility Verification (“I-9”), on March 8, 2013.  The I-9 is the form that all employers must complete for all newly-hired employees to verify their identity and authorization to work in the United States.  U.S. Citizenship and Immigration Services (“USCIS”) published the revised I-9 on March 8, 2013. The new  I-9 is available online on the USCIS website.  

The government is giving employers a 60 day grace period to begin using the new I-9.  Employers will be required to begin using the new I-9 on May 8, 2013.  In short, employers may continue to use the previous I-9 until May 7, 2013, and after this date, employers will be required to use the new I-9.  

Remember, employers are required to comply with all I-9 requirements and cannot employ any individual unauthorized to work. If you have questions about the new I-9 or your immigration compliance policies, contact your attorney who specializes in I-9 compliance. Doing so will prepare you and your company comply with the law. 

Daniel N. Ramirez is a named partner at Monty & Ramirez LLP.  He is also board certified in labor and employment law by the Texas Board of Specialization and has been recognized as a Rising Star by Super Lawyers magazine. Daniel's practice also focuses on representing and advising clients with their immigration compliance matters.

Daniel's Contact Information:
Email: dramirez@montyramirezlaw.com
Telephone: 281.493.5529
Website: http://www.montyramirezlaw.com

The Form I-9 is About to Expire on August 31st. So What Should an Employer Do?

The most updated Form I-9 (“I-9”) expires on August 31, 2012.  As required by the government, employers must use unexpired I-9s when they verify an employee’s authorization to work.  At this time the government has not issued an updated I-9 for use after August 31st.

So what should an employer do?  At this time, employers should continue to use the current I-9 that was most recently issued by the U.S. Citizenship and Immigration Services (“USCIS”).  

USCIS issued a bulletin on August 13, 2012 stating: “until further notice, employers should continue using the Form I-9 currently available on the forms section of http://www.uscis.gov. This form should continue to be used even after the OMB control number expiration date of August 31, 2012 has passed. USCIS will provide updated information about the new version of the Form I-9 as it becomes available.”

So for now, you can continue to use the most recent I-9, but stay tuned to ensure your company begins using an updated I-9, once it is released by USCIS. 

Daniel N. Ramirez is a named partner at Monty & Ramirez LLP.  He is also board certified in labor and employment law by the Texas Board of Specialization and has been recognized as a Rising Star by Super Lawyers magazine.

Daniel's Contact Information:

Email: dramirez@montyramirezlaw.com

Telephone: 281.493.5529

Website: http://www.montyramirezlaw.com

USCIS Announces Consideration of Bundle L-1 Petitions

The United States Citizenship and Immigration Services (USCIS) announced to its stakeholders last month that it will begin considering bundle L-1 petitions. In particular, USCIS will consider a bundle of more than one L-1B petition where the specialized knowledge employees will be performing the specialized knowledge duties on the same project at the same location. L-1A managers who would be managing the specialized knowledge employees could also be considered in the bundle. In addition, qualifying dependents will also considered in such a bundle. However, it is important to note that each petition in the bundle will be considered on its own merits. If you have any questions to how your business can bundle their L-1 petitions for submission, please contact your Monty & Ramirez immigration counsel.

Sarah D. Monty is a partner and the lead immigration attorney for the immigration section at Monty & Ramirez LLP.

Contact Information:
Email: smonty@montyramirezlaw.com
Telephone: 281.493.5529
Website: http://www.montyramirezlaw.com/

H-1B Cap Almost Reached - Now is the Time to File

As of November 14, 2011, USCIS has received 56,300 petitions against the 65,000 cap amount on H-1B visas leaving less than 10,000 numbers available for the 2012 Fiscal Year filings. The numbers have risen drastically over the past two months and by 5,500 since the last report approximately two weeks ago. Employers can continue to submit H-1B cap petitions but should do as soon as possible because at this rate the cap is expected to be reached in the next few weeks. The 20,000 cap set aside for advanced degree holders was reached at the end of October.

Once the cap is reached, employers will not be able to file new petitions until April 1, 2012 with start dates of no earlier than October 1, 2012. As such, employers are encouraged to contact their Monty & Ramirez immigration counsel to prepare H-1B petitions for submission as soon as possible before the cap is reached.

Sarah D. Monty is a partner and the lead immigration attorney for the immigration section at Monty & Ramirez LLP.

Contact Information:
Email: smonty@montyramirezlaw.com
Telephone: 281.493.5529
Website: http://www.montyramirezlaw.com/

EB-5: USCIS to Begin Deferring to States’ Designations on Targeted Employment Areas

Effective immediately, United States Citizenship and Immigration Services (“USCIS”) will defer to a state’s designation of the boundaries of the geographic or political subdivision that will be a targeted employment area (“TEA”). Director Alejandro Mayorkas announced in a public teleconference this past week that although USCIS will now defer to the state’s designation, it still must ensure compliance with the statutory requirement that the proposed TEA has an unemployment rate of at least 150 percent of the national average rate.

A TEA is a rural area or a non-rural area that has experienced high unemployment (150 percent of the national average unemployment rate during a comparable 12-month period). If an EB-5 Regional Center project is located in a TEA, the alien investor may invest $500,000 rather than a $1,000,000 investment, in the project to pursue conditional residence status.

The public teleconference was made in relation to the Director’s well placed efforts to improve the EB-5 Investor Program. These efforts are furthered by the newly released draft memorandum, “A Work in Progress: Towards a New Draft Policy Memorandum Guiding EB-5 Adjudications.” USCIS is seeking review and comments on the draft memorandum from EB-5 stakeholders, attorneys and interested parties who would like to share their ideas to better the program. The draft memorandum may be found here, and comments may be submitted to public.engagement@dhs.gov. Comments will be accepted through December 9, 2011.

Sarah D. Monty is a partner and the lead immigration attorney for the immigration section at Monty & Ramirez LLP.

Contact Information:
Email: smonty@montyramirezlaw.com
Telephone: 281.493.5529
Website: http://www.montyramirezlaw.com/

USCIS Announces H-1B Advanced Degree Cap Reached

United States Citizenship and Immigration Services (USCIS) announced this week that the H-1B Advanced Degree Cap has been met. According to their announcement, USCIS has received approximately 20,000 petitions counting toward the 20,000 master’s degree or higher cap exemption. Currently, 46,200 of the 65,000 available H-1B nonimmigrant petitions for the fiscal year have been received. Therefore, any advanced degree H-1B petitions will now be adjudicated under the remaining numbers for the H-1B cap.

The H-1B program allows employers to hire foreign workers who will be employed in a specialty occupation that requires theoretical or technical expertise, such as architects, scientists, engineers, accountants and computer programmers among others.

Sarah D. Monty is a partner and the lead immigration attorney for the immigration section at Monty & Ramirez LLP.

Contact Information:
Email: smonty@montyramirezlaw.com
Telephone: 281.493.5529
Website: http://www.montyramirezlaw.com/

Redesign of Employment Authorization Document and Certificate of Citizenship Furthers USCIS’ Goal to Enhance Document Security and Prevent Fraud

Pursuant to the United States Citizenship and Immigration Services' (USCIS) objective to produce more secure documentation that is more difficult for document vendors to replicate, it has announced the launch of an enhanced Employment Authorization Document (EAD) and a redesigned Certificate of Citizenship (Form N-560).

USCIS began issuing state-of-the-art technologically equipped EADs this week to deter counterfeiting, obstruct tampering and facilitate quick and accurate authentication. Workers, employers and law enforcement officials all will be able to recognize the card as definitive proof of authorization to work in the United States. While the card has a new look, the USCIS application process remains the same. Previously issued cards will remain valid until the expiration date printed on the card. USCIS will replace EADs already in circulation as individuals apply for replacement or renewal cards. The EAD is a List A document that employees can submit during the I-9/E-Verify process.

The new Certificate of Citizenship has also been redesigned to deter fraud and tampering. USCIS will begin issuing the new Certificates of Citizenship on October 30. Previously issued Certificates of Citizenship will remain valid indefinitely. The Certificate of Citizenship is not on the Lists of Acceptable Documents and cannot be accepted by employers during the I-9/E-Verify process.

USCIS intends to continue to enhance document security features as technology improves. If you have any questions on how the issuance of new EADs and Certificates of Citizenship will affect your employment practices, please contact us at jmonty@montyramirezlaw.com.

Jacob M. Monty is the founding and managing partner of Monty & Ramirez LLP. He is board certified in labor and employment law by the Texas Board of Legal Specialization. He is a member of the American Law Institute and named to Texas Super Lawyers in 2008, 2009, 2010 and 2011.

Contact Information:
Email: jmonty@montyramirezlaw.com
Telephone: 281.493.5529
Website: http://www.montyramirezlaw.com/

How will a government shutdown impact immigration agencies?

With the deadline fast approaching, failure to resolve the budgetary deadlock in the House of Representatives could lead to a government shutdown starting Saturday, April 9th at midnight. Under the government’s official guidance, in the event of a shutdown, all but “essential” government functions are furloughed and not allowed to operate. Although details are currently not being made public, all government agencies are preparing contingency plans to determine which functions would continue and who would keep working.

If a shutdown occurs, how will immigration agencies be affected?

In a recent posting, the American Immigration Lawyers Association (AILA) reported the following:

USCIS: In response to similar threats in the past, USCIS officials stated that other than the E-Verify program, the agency would not need to shut down as it is funded by fees. However, at least one local office has indicated that it is working on its shutdown plan. As such, the suspensions of the agencies functions are not clear at this time.

DOS: If there is a shutdown, it is likely that the only visa issuance being done by DOS will be for diplomats and for “life or death” situations.

CBP: Inspection and law enforcement are considered "essential personnel," though staffing may be more limited than usual. The borders will be open, and CBP is unsure of how the shutdown will affect the processing of applications filed at the border.

EOIR: EOIR has been advised to "put its shutdown plans in place." As with other agencies, personnel who are not considered "essential" will be furloughed. EOIR has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation.

DOL: DOL is making plans for a possible shutdown. If there is a shutdown, DOL personnel will not be available to respond to e-mail or other inquiries. At this time, it is unknown whether iCERT/PERM would continue to function. However, because the systems require funding to run, it is reasonable to assume that they will not be available.

We will be providing updates as more information becomes available.

Sarah D. Monty is a partner and the lead immigration attorney for the immigration section at Monty & Ramirez, LLP.

Email: sdm@montypartners.com Telephone: 281-493-5529 Website: http://www.montyramirezlaw.com