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:

Revised Age Calculation Policy Leaves Consular Processing Applicants Confused, Heartbroken

By Bernard Wolfsdorf, Joseph Barnett, and Jinglin Kim He Summary: The Problem: The U.S. Department of State guidance in the Foreign Affairs Manual {insert here}has not been updated and urgently requires change because it makes absolutely no sense to have protection for children applying for green cards in the U.S. whereas Children applying abroad and patiently waiting for consular appointments are unable to freeze their age using the highly preferential Date for Filing (Chart B) waiting line. This creates an unfair advantage and absurdity. Background: Age at time of visa availability – Pending petition time = CSPA Age. However, in addition, the applicant must “seek to acquire a visa” within one year of “visa availability”. So the question arises as to when a visa is available,. USCIS updated their guidance to include chart B, the new system created by the 2017 Modernization regulations. {link}. Issues Prior to USCIS Updates: The date an immigrant visa became available for the CSPA age calculation was tied to the DOS Visa Bulletin Final Action Date (Chart A). DOS began publishing two charts in the DOS Visa Bulletin. The two charts consist of “Dates for Filing” chart B and a “Final Action Dates” chart A.. […]

Biden Administration Plans to Expand Health Care Coverage to DACA Recipients

On April 13, 2023, the White House announced that the Department of Health and Human Services (HHS) will issue a proposed rule soon to expand the definition of “lawful presence” to include recipients of Deferred Action for Childhood Arrivals (DACA), known as “Dreamers.” According to reports, the proposed rule would mean that DACA recipients would be eligible for Medicaid and the Affordable Care Act’s insurance exchanges. About a third of DACA recipients do not have access to health insurance, according to HHS Secretary Xavier Becerra. There are approximately 580,000 current DACA recipients. Details: