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WR Immigration News Digest

Oct 30, 2024 | Immigration Updates

Top News

E-Verify+

USCIS is set to unveil E-Verify+ for employers to have one secure location to store employees’ documentation and I-9 Forms, compare employees’ Form I-9 information against government records, and reduce data entry errors. Currently, E-Verify works with Form I-9 and provides secure 24-hour access, combating document fraud with a unique photo-matching feature. E-Verify+ builds on these benefits by combining Form I-9 and E-Verify to offer more seamless and secure experience to both employees and employers. Link to register for the November 14th E-Verify + National Stakeholder Engagement.

Impact: E-Verify+ will combine Form I-9 and E-Verify into one digital process. There are many benefits for both employers and employees, including increased efficiency, account protection, automation, and more.

Regular I-9 Webinars for Employers; eligible for professional development credits through SHRM and HRCI 

Employers can utilize free Form I-9 trainings and webinars hosted by USCIS several times per month. Free webinars for Form I-9 and E-Verify are eligible for professional development credits through Society for Human Resource Management (SHRM) and the Human Resource Certification Institute (HRCI). Webinars in the month of November are below; please contact your WR Immigration attorney for personalized I-9 training for your company!  

  • Tuesday, Nov. 5: 2pm EST (Document Training) 
  • Wednesday, Nov. 6: 2pm EST (Form I-9 Overview) 
  • Wednesday, Nov. 13: 2pm EST (Document Training) 
  • Thursday, Nov. 14: 11am EST (Form I-9 Overview) 
  • Tuesday, Nov. 19: 11am EST (Form I-9 Overview) 
  • Wednesday, Nov. 27: 2pm EST (Form I-9 Overview) 

Impact: Verifying I-9s can be difficult and employers and employees can face serious consequences for I-9 non-compliance. These free webinars can help employers avoid common I-9 issues and non-compliance.

New EB-5 Application Data

WR Immigration’s successful Freedom of Information Act (“FOIA”) request revealed that EB-5 applications for High Unemployment Areas received in Fiscal Year 2023 lead the pack at a 2:1 ratio, well over Rural and other areas. The now released EB-5 application data shows Chinese investors comprised the majority of EB-5 applications, making up 1,368 applications out of 2,431 total (over 56%). Indian investors took the #2 spot with 375 applications (15.4%), and Taiwanese investors trailed at a distant #3 with 175 applications (7.2%). 

Impact: The data shows that demand for EB-5 set-aside visas is still limited, except for countries like China and India resulting in “unused” visas. As a result, applicants from countries like China and India could use these “unused’ visas.

New Jersey Employers Under Scrutiny

On August 8, 2024, New Jersey Acting Governor Tahesha Way signed a new law that holds companies accountable for weaponizing employees’ immigration status. Employers are prohibited from threatening to disclose or report an employee’s immigration status to immigration authorities as a means of coercion or from covering up labor violations due to immigration status. Noncompliant employers within the state of New Jersey may face administrative penalties and fines up to $1,000, $5,000, or $10,000 depending on the number of violations. 

Impact: This law will protect all workers regardless of immigration status but will directly protect immigrant employees from coercion and intimidation tactics from employers.

Related Posts:

Immigration Update

In this edition, read about the updated guidance for the I-9 process, an announcement on national interest exception extensions, Yemen’s redesignation for TPS, and more. USCIS Announces Updated Receipt Guidance for I-9 Process The I-9 form has been with us for almost 35 years, and USCIS still finds things to tweak.  The agency recently announced updated guidance on receipts for the I-9 employment authorization verification process: When employees present a receipt showing that they applied to replace a List A, B, or C document that was lost, stolen, or damaged, they should show their employer the replacement document for which the receipt was given. However, USCIS acknowledged that this is not always possible due to document delays, changes in status, or other factors. If the employee does not present the original document for which the previously provided receipt was issued but presents, within the 90-day period, another acceptable document (or documents) to demonstrate his or her identity and/or employment authorization, employers may now accept such documentation. In cases where an employee presents a document (or documents) other than the actual replacement document, the employer should complete a new Section 2 and attach it to the original Form I-9, USCIS said. […]

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In this edition, read about the Senate parliamentarian’s rejection of inclusion of immigration language in $3.5 trillion bill, a district court vacating the H-1B lottery wage-based final rule, the State Department announcing a tiered triage of immigrant visa applications at U.S. Embassies and Consulates, and more. Senate Parliamentarian Rejects Inclusion of Immigration Language in $3.5 Trillion Bill In a blow to Democrats, President Biden, and immigration advocates, Senate parliamentarian Elizabeth MacDonough ruled on September 19, 2021, that immigration language cannot be included in the $3.5 trillion filibuster-proof budget reconciliation bill. She said, “The policy changes of this proposal far outweigh the budgetary impact.” The rejected language would have allowed eligible persons to pay a fee to be exempted from numerical limits when adjusting status to permanent residence, among other provisions. The immigration provisions are expected to have a dim chance of passing separately in the Senate. Details: Senate Parliamentarian Says $3.5 Trillion Bill Can’t Include Citizenship Path for Immigrants,” Associated Press, Sept. 19, 2021, https://on.mktw.net/3hOsawG Back to Top District Court Vacates H-1B Lottery Wage-Based Final Rule A U.S. district court judge vacated a final rule, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United […]

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