What Immigration-Related Questions Can Employers Ask During the Hiring Process?

Tags

Hiring, Human Resources, I-9, Immigration Compliance, Sponsorship, Work Authorization

Employers often ask me: “What pre-employment questions are permissible to ask to help me determine whether a prospective candidate requires immigration sponsorship?”

Employers are prohibited from denying protected individuals employment because of their real or perceived immigration or citizenship status.

Until recently, the following two questions were the only accepted questions for pre-hire screening:

1. Are you authorized to work in the U.S.?; and
2. Will you now or in the future require sponsorship for employment visa status (e.g., H-1B visa status)?

What Kind of Changes to Expect in Immigration Compliance

Tags

E-Verify, I-9, ICE, Immigration Compliance

Immigration compliance is a top priority for the new administration, and many changes may be coming soon.

One projection is that E-Verify will become mandatory for all employers. Currently, participation is voluntary except for federal contractors or if your state has a mandate.

Only time will tell if mandatory E-Verify becomes a reality nationally for all businesses, but two recent enforcement actions may provide us with an idea about the types of changes to immigration compliance we should expect:

A New Look for Green Cards and EADs

Tags

EAD, Green Card

In April, USCIS announced a redesign of the Permanent Resident Card (i.e. Green Card) and Employment Authorization Document (EAD). The new-look documents started being issued in May, so some of you may have already received them.

Why is USCIS doing this?

The redesign is part of the Next Generation Secure Identification Document Project, an effort to create documents that are more secure and harder to alter. The goal is to reduce fraud and counterfeiting.

Plan for Retrogression in Green Card Categories

Tags

Green Card

Wondering how long it may be until you get your Green Card? The US Department of State often shares projections for the various visa categories to give people a sense of how things are currently moving.

Here is information on expected priority dates retrogressions in specific categories, so you can plan ahead!

Business Immigration and I-9/ E-Verify Changes under the Trump Administration at the SHRM Jacksonville Annual Conference

Tags

E-Verify, H-1B, I-9, Trump, Visa Options

Giselle presented at the SHRM Jax Annual Conference about “Managing your Foreign Talent in 2017 and Beyond under the Trump Administration”.  The message of her presentation was: Prepare for the challenges ahead, but also seize the opportunities that come with changes. 

FAQs about the New Rule’s Impact on H-1B Cap Exemptions

Tags

H-1B

The H-1B visa is highly sought-after. For several years now, the annual cap of 85,000 has been reach within days of the start of the filing season every April.

One way to help employers apply to obtain a cap-exempt H-1B visa is to help them determine if they can be considered a cap-exempt organization or whether a foreign national could qualify to work concurrently for both cap-subject and cap-exempt organizations.

The new High-Skilled Workers rule has made some notable changes to the H-1B cap exemption requirements. Some of them are beneficial, while others are more limiting. Here is what you need to know about the new regulations.

Employer Alert: Trump’s Budget and E-Verify

Tags

E-Verify, I-9, Immigration Reform, Trump

The President’s budget allocates $15 million to “begin implementation of mandatory nationwide use of the E-Verify Program.”

E–Verify is a government web-based system that compares information from the Form I-9 to data from US government databases to confirm the applicant’s work eligibility. Currently, participation is primarily voluntary.

The President will need Congress approval to mandate E–Verify nationwide. Senator Charles Grassley has re-introduced legislation to authorize a national E–Verify program. 

Premium Processing Suspended Temporarily

Tags

H-1B

The USCIS announced that it is temporarily suspending premium processing of all I-129 H-1B petitions.

The suspension will begin on April 3, 2017, the first business day for filing H-1B cap petitions.  USCIS has indicated the suspension may last up to six months.

Employer Alert: New I-9 Handbook

Tags

E-Verify, EAD, Handbook, I-9, USCIS

It’s here! US Citizenship and Immigration Services (USCIS) has released the new M-274 “Handbook for Employers with Guidance for Completing Form I-9”.

The handbook includes guidance on completing the new Form I-9, which went into effect on January 22, 2017, as well as photocopying and retention, unlawful discrimination and penalties, and E-Verify.

What is the Latest on Pre-Population of I-9 Forms?

Tags

DHS, Due Diligence, E-Verify, I-9, Immigration Compliance, OSC, USCIS

USCIS, OSC and DHS on its E-Verify Connection have issued guidance stating that section 1 cannot be pre-populated during the on-boarding process of a new hire.  This is true even if the employee reviews the entries and signs the section in affirmation of the entries.

OSC issued similar guidance in a Technical Assistance Letter (TAL).

However, an employer can pre-populate certain fields in Section 2 such as: employer’s business or organization name, employer’s business or organization address (street number and name), city or town, state, and zip code.