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:

USCIS Policy Updates on CSPA Age Calculation & “Sought to Acquire” Requirement under CSPA on Adjustment of Status Cases – Confusion and Heartbreak for Consular Processing Applicants

By WR Immigration – Joseph Barnett, Jinglin “Kim” Sogbesan, Bernard Wolfsdorf Summary – Two USCIS Policy Updates regarding CSPA  New USCIS Policy on CSPA Age Calculation Effective Since February 14, 2023: USCIS Policy Updates on “Sought to Acquire” Requirement under CSPA Effective Since August 24, 2023: Background: Age at time of visa availability – Pending […]

Good News for H-1B Applicants as Biden Administration Delays Wage-Based Selection Process for H-1Bs

Many H-1B applicants were extremely concerned about the prior administration’s proposed wage-based section system that would disadvantage recent U.S. graduates and certain professionals in favor of applicants with the higher paid jobs. DHS has indicated it will delay the effective date of the final rule titled “Modification of Registration Requirement for Petitioners Seeking to File […]