The Immigration Customs Enforcement Homeland Securities Investigation Worksite Enforcement Unit has clarified that Section 1 of the Employment Eligibility Verification, Form I-9, must always be completed by the employee. This means that Forms I-9 that pre-populate Section 1 using human resources software are not prepared correctly and therefore may be subject to fines associated with paper violations. This includes instances where the employee has provided the information that is then pre-populated or whether the preparer/translator section of the Form I-9 is also completed. This appears to be a significant shift in ICE policy and we will continue to monitor and provide updates on the situation.
As of May 7, 2013, all prior versions of the Form I-9, Employment Eligibility Verification, are no longer valid. In March, the U.S. Citizenship and Immigration Services (USCIS) released the new version of the Employment Eligibility Verification Form I-9. Employers are required to complete the Form I-9 to verify an employee's employment authorization with information and documents provided by the employee. The new and current version of the form is a two-page electronically fillable document with a revised format that should provide an employer with additional guidance in completing the form. Additionally, the revised Form I-9 now has fields for the employee's foreign passport, telephone and email addresses. The revised and current Form I-9 does not have to be completed for current employees, only for new hires and to reverify an existing employee's employment authorization. The instructions to the revised and current Form I-9 also show an updated Document Chart listing the types of documents that an employee can provide to demonstrate employment authorization. The USCIS has also issued a revised M-274, Handbook for Employers, Guidance for Completing Form I-9, which we encourage all employers to review. The revised version of the Form I-9 as well as the revised M-274, are available at the USCIS website at www.uscis.gov.
June 2013 Visa Bulletin Update
The U.S. Department of State ("DOS") recently released its June 2013 Visa Bulletin which shows the availability of employment-based immigrant visa categories for the month of June. This month's Visa Bulletin features the following highlights:
Forecasted Availability to June 2013
The DOS has indicated the following visa availability:
Comparison to Prior Months
The following is a comparison of priority date movement since the inception of the current retrogression in 2007:
EB-3 Other Workers
Additional information about the movement of the employment-based immigrant visa priority dates will be contained in our firm's future Immigration Updates when it becomes available
For more information about this or any other immigration law topic, please contact Bob White, at 847.734.8811 or via email at email@example.com.
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