A New Look for Green Cards and EADs

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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.

Employer Alert: Difficulty Receiving EADs in the Mail

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EAD

If a foreign national is reporting difficulty getting an EAD in the mail, consider these two common issues.

There must be someone present to receive the EAD. When no one is home, the post office returns the EAD to USCIS. If you are expecting an EAD, make arrangements with your post office to ensure delivery.

If a foreign national moves, you must notify USCIS promptly. Otherwise, the EAD might not be delivered at all. It is not enough to register the address change with the post office. You must do so directly with USCIS.

I-9 Alert: Automatic Extensions of EADs

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EAD, High-Skilled Workers, I-765, I-9, USCIS, Work Authorization

Due to the new High-Skilled Workers rule that went into effect on January 17, 2017, USCIS is no longer required to adjudicate EADs within ninety days. To help prevent a gap in employment authorization, DHS will grant automatic 180-day EAD extensions in most categories if filed on the same basis as the initial EAD.

Here is what you need to know about these new regulation. 

Employer Alert: New I-9 Handbook

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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.

I-9 Verification and Automatic EAD Extension for TPS Holders

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EAD, I-9

The DHS may designate a country for Temporary Protected Status (TPS) when it has determined that conditions in that country would result in a threat to the personal safety of individuals if they returned home (i.e.  armed conflict, epidemic, or earthquake). Citizens of that country in the U.S. can apply for TPS status.

Currently, several countries have been designated for TPS including:

FAQ: DACA, DAPA and SCOTUS – U.S. v. Texas Decision

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EAD

About the Decision:

On June 23, 2016, the U.S. Supreme Court (SCOTUS) issued a one-sentence per curium ruling in U.S. v. Texas, simply stating “The judgment is affirmed by an equally divided court”. This 4-4 decision left in place the Fifth Circuit ruling blocking the expansion of the Deferred Action for Childhood Arrivals (DACA+) and Deferred Action for Parents of American and Lawful Permanent Residents (DAPA).

Employers Risk Higher Penalties for Hiring Unauthorized Workers

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EAD

Under the Immigration Reform and Control Act of 1986 (IRCA), it is unlawful for an employer to hire or continue to employ workers knowing they are not authorized to work in the U.S. Employers can verify eligibility by completing form I-9. Failing to comply with these rules can expose your business to increased liability and be subject to monetary penalties.

Recently the United States Department of Justice announced their plan to increase civil monetary penalties for employers and businesses who knowingly employ an authorized worker. They may also face increased fines for certain other immigration-related violations. This rule will take effect on August 1, 2016, and be applicable to any violations that occur after November 2, 2016. This increase comes in response to the Bipartisan Act of 2015, which requires agencies to adjust penalties for inflation.

U.S. Supreme Court 4-4 Decision on DACA and DAPA leaves many immigrants on hold

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EAD

Today, in the United States v. Texas, the case challenging the expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), the U.S. Supreme Court affirmed by an equally divided court.

This means that the ruling by the Fifth Circuit’s decision stands and there will be no further movement in this proposal at least during the Obama administration.  The proposed expansion would have shielded up to 4 million immigrants from potential deportation and make them eligible for work permits.

Justice Department Settles Discrimination Allegations

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EAD

The Justice Department announced that a settlement has been reach regarding allegations that Catholic Healthcare West, (CHW), the eighth largest hospital provider in the country, engaged in “citizenship status discrimination” throughout their employment processes. CHW was found to have required non-US citizens and naturalized citizens to present more work authorization documents than required, while not imposing the same standard to US citizens.

The civil penalties amounted to more than $257,000, the largest amount ever paid to resolve such allegations. For the full article Click Here.

USCIS Announces Changes to the Employment Authorization Document

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EAD

Continuing its efforts to prevent immigration fraud, on May 11, USCIS started issuing a revised Employment Authorization Document (EAD) for foreign nationals. The change includes the addition of a machine readable zone on the back of the card. This replaces the two dimensional bar code on previous versions of the EAD. All other existing security features will remain unchanged. USCIS last updated the EAD card in June 2004.

Individuals who are temporarily in the U.S., such as F-1 students seeking Optional Practical Training, and eligible for employment authorization may file Form I-765, Application for Employment Authorization, to request an EAD. Other individuals who are authorized to work in the U.S. without restrictions, such as spouses of E and/or L primary visa holders, should also use Form I-765 to apply for a document evidencing such authorization.