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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:

HR is Driving the Economy with Foreign-Born Talent

The role of human resources is more complex than meets the eye. On the surface, it’s about ensuring that a company is appropriately staffed and the workforce has the support it needs to be effective. But the impact of HR is substantially deeper — it’s a lynchpin for a company’s near-term performance and long-term leadership. In industries like tech and life sciences, foreign-born workers are particularly crucial to that task. Plain and simple, there are more scientific and technical roles to fill than there are U.S. citizens with the right skills. Foreign-born talent often has the perfect mix of education and leadership ability to make significant contributions to the success of a company. Consider a study of immigrant corporate leadership by INSEAD (Institut Européen d’Administration des Affaires), which found that out of 147,336 U.S. executives for which educational background was available, 3,098 corporate leaders were of Chinese ethnicity, 3,095 Indian, and 1,395 Middle Eastern. The remaining 139,748 were from other ethnicities, including European. As the study authors noted, “If the U.S. hopes to address its leadership shortage as its population ages, it needs to embrace immigration, and acknowledge the significant contribution that immigrant executives already play.” In fact, in 2019 […]

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Chatting with Charlie: August Visa Bulletin Update

During our May and June webinars Charlie predicted many of the retrogressions which have occurred for August’s visa bulletin update. Below we will summarize the August Visa Bulletin for both Employment-Based and Family-Based schedules. Please register here to join us on August 23 @ 11am PT for our next live Chatting with Charlie. Employment-Based A Final Action Date has been imposed on the ROW EB-1 preference.  The 01AUG23 date imposed for All Chargeability (Rest of World) EB-1 Final Action Date is essentially the same as the category being Current, and it would not be surprising if Department of State establishes a 01SEP23 date for September. The All Chargeability EB-2 Final Action Date advanced which is a positive sign, but the forward movement is not enough to provide any encouragement for the future availability of “Otherwise Unused” numbers becoming available for use by India EB-2 applicants.  The fact that the All Chargeability EB-3 date has retrogressed for the third time in four months is a troubling sign for visa availability during FY 2024, and this situation will need to be watched carefully. Both the China EB-2 and EB-3 Final Action and Application Filing Dates have advanced which is a very good […]

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