Client Payment Portal

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:

Rapid-Fire Wednesdays Q&A | Impact of Recent U.S. Supreme Court Rulings | 1/22/2025 Recap

The transcript version of our weekly Q&A livestream for corporate immigration professionals. Join our Immigration News Digest Newsletter for more immigration updates. By Kimberley (Best) Robidoux & Miki Kawashima Matrician 🔥 Question: What is the significance of the Bouarfa v. Mayorkas case for immigration professionals? Response: In December, the U.S. Supreme Court ruled unanimously in the Bouarfa v. Mayorkas case that federal courts cannot review visa revocations, which are under the discretion of the U.S. Department of Homeland Security (DHS). The ruling clarified that if a statute mandates USCIS to approve or deny a case based on specific criteria, the denial can be challenged in federal court. However, if the decision is discretionary, such as in visa revocations, the court has no authority to intervene. This decision underscores the finality of DHS’s discretion, leaving applicants with limited recourse—primarily refiling applications while addressing any issues causing revocation, provided those reasons are known. The implications extend to both family-based and employment-based immigration cases, as the same principles apply to visa petition revocations. 🔥 Question: How does this case impact employment-based immigration cases? Response: For employment-based cases, if an employer’s immigrant visa petition is denied, the denial can still be challenged in court. […]

Read More

USCIS Increases Employment Authorization Document (EAD) Validity Period for Certain Categories

In a significant development for individuals with pending adjustment of status applications, the United States Citizenship and Immigration Services (USCIS) has announced an extended Employment Authorization Document (EAD) validity period. Effective immediately, certain categories of EAD holders can now enjoy a five-year EAD, providing greater stability and convenience during their immigration journey. Why the Change Matters This adjustment is particularly relevant for foreign nationals navigating the complex process of adjusting their status to permanent residency in the United States. The EAD serves as a crucial lifeline, allowing them to legally work and contribute to the U.S. workforce while their green card applications are under review. In the past, EADs were typically issued for one or two years, necessitating frequent renewal applications and associated fees. This process often caused administrative burdens and uncertainty for applicants. With the new five-year EAD validity period, applicants can experience a more streamlined and less disruptive immigration process. Eligibility Criteria It is important to note that this extended EAD validity applies to specific categories of applicants, primarily those with pending adjustment of status applications based on family-sponsored or employment-based preferences. However, not all categories are eligible for this extended validity period. Benefits for Applicants Staying Informed […]

Read More