HOME ABOUT US IMMIGRATION SERVICES RESOURCES BLAWG CONTACT US
are you an EMPLOYER
GoffWilson can help you with a broad range of immigration matters, such as obtaining appropriate visas for your foreign-born employees here or around the globe, managing compliance issues, and more.
Fueling growth with talent from abroad Brian Testa of KBACE Technologies relies on GoffWilson to secure H-1B visas for the highly skilled workers the company needs to grow.
see how we help employers
Employer
are you an EMPLOYEE
Today’s global economy offers a wealth of opportunities to develop your talents and advance your career. We can help you obtain the right visa for employment or permanent residency in the U.S., establish a business, and tackle new challenges wherever they are.
Easing the path from employee to entrepreneur When Daniel Baloche decided to start a business in the US, he turned to GoffWilson to streamline the E-2 visa process and help him get up and running.
see how we help employees
Employee
does your FAMILY need immigration help?
We have helped many families overcome complex legal barriers to marry or bring loved ones from other countries to the United States. We are professionals at helping families to establish residency in the U.S. and facilitating the journey from immigrant to citizen.
Bringing sisters back together in America Mona Smith and Zaleha Osman, originally from Singapore, credit GoffWilson with navigating the complex process that led to permanent residency.

see how we help families
Family
Subscribe for bLAWg
updates via email


Past Articles


2024
2023
2022
2021
2020
2019
2018
Back to blawg »

Do You Have a Response Ready for ICE’s Worksite Enforcement Strategy?

1/11/2018
Share |

On January 10, 2018, U.S. Immigration and Customs Enforcement (ICE) announced its comprehensive worksite enforcement strategy, which is designed to target employers who violate employment laws. ICE’s strategy includes a three-prong approach to conducting worksite enforcement:
 
• Compliance through Form I-9 audits, civil fines, and debarment referrals;
• Enforcement through arresting employers who knowing employ undocumented workers; and
• Outreach through ICE’s IMAGE program, which aims to instill a culture of compliance and accountability.
 
Experts have been cautioning about increased worksite enforcement, but ICE’s announcement confirms it. If your company has been putting off taking a closer look at your Forms I-9, the time to take action is now, before ICE comes knocking on your door. Based upon what we have seen and read, the chance of this occurring is greater than ever. Hefty fines and criminal liability can be the result of poorly-completed I-9’s and a poorly-managed employment verification process. Much of this is avoidable by being proactive and taking certain precautionary measures. This must be done whether or not you employ any foreign workers. We can help you and your company stay ahead of violations.
 
Recently, Asplundh Tree Experts Co., one of the largest private companies in the U.S., was slammed with a $95 million penalty as a result of an ICE worksite enforcement investigation. The penalty was the largest in U.S. history for worksite enforcement, but with ICE’s new strategy, surely it will not be the last. And don’t be fooled, as we have reported here before, enforcement investigations are occurring for all sized businesses including the very small.
 
Want to take action on your company’s worksite compliance, but not sure where to start? Let GoffWilson be your guide.  Our firm offers I-9 audit and compliance services, including personalized private training and representation should you receive a visit from the immigration service. Contact our office today for more information. Worksite compliance is what we do!
 
Filed under:E-Verify, Form I-9 Compliance, Immigration Law, Worksite Enforcement

H-1B Visa Filing Frenzy is Just Around the Corner

2/14/2018
Share |
 
April 1st, the opening day for filing H-1B visa petitions, is just around the corner. Arguably the most sought-after nonimmigrant visa, the H Visa is available for professionals to work in a specialty occupation (i.e. requiring a Bachelor’s degree or higher). If you are an employer seeking to hire one of these professionals, you better act fast as there are only 65,000 new H-1B visas available each fiscal year—and an additional 20,000 for individuals possessing a U.S. Master’s degree or higher. This quota is referred to as the H-1B CAP. Last year, the U.S. Citizenship and Immigration Services received approximately 199,000 CAP-subject H petitions during the filing period and the predictions for this year are even higher! If the number of petitions filed with USCIS on April 1st exceeds the available amount of H-1B visas, which is very likely given the strong economy and lack of highly skilled workers in the US, a random selection lottery will be conducted.  
 
Even with the lottery, you still want to file for an H Visa as the benefits outweigh the risks: your employee will receive a 3-year H-1B visa, which can be renewed for an additional 3 years. Additionally, H-1B visas allow for dual-intent, which means you can sponsor your employee for permanent residency (i.e. green card) and they can continue working for your company in the U.S. without interruption.
 
Complete H-1B petition packages include the required USCIS forms and filing fees, a Labor Condition Application (LCA), information surrounding the employer and the offered position, and documentation regarding the employee. Not sure where to begin? Contact the GoffWilson H-1B Team for assistance. Our office has successfully assisted thousands of employers and employees with their H-1B petitions. Contact us today for more information and be a winner all the way around!

Filed under:H-1B Visa, Immigration Law

H-1B Visa Reminder

2/23/2018
Share |

With H-1B filing season upon us as of April 2, 2018, we take this opportunity to remind you that the H-1B cap is expected to be reached during the first week of April.
 
Engineering, healthcare, high tech, energy, finance, colleges/universities frequently benefit from employing H-1B Visa holders. Often times the foreigner is already working for an employer in OPT status. Working with an experienced immigration practitioner in advance to address both your strengths and weaknesses, is your best strategy. Here are some tips that we highly recommend be incorporated in your H applications this year:
 
1) A detailed brochure and description of the employer's products or services and why you require a professional with a bachelor's degree or higher to perform the offered position. Include promotional materials, press releases or news articles to illustrate the nature of the business, new trends and growth factors;
2) Including a copy of your corporate tax return or financial statements may be appropriate;
3) Explain in detail why the position cannot be performed by an employee who lacks a Bachelor's Degree: Is it a standard requirement in your industry? Provide details such as examples of work to be done that relates to the complexity of the position;
4) Providing a real, detailed job description with the percentage of time spent on the duties of the position may be helpful. Further, explain any discretionary judgment that the employee will have in their job and other such areas of responsibility that are demanding or highly advanced;
5) Provide evidence that you have a current and past practice of hiring bachelor's degree employees for the open position;
6) IT and staffing agencies must be prepared to evidence the "employer-employee relationship" in H-1B offsite placement work situations by clearly evidencing the employer's ability to "hire, pay, fire, supervise, or otherwise control the work of the employee.” 
 
These are just a few suggestions to think about as you consider filing an H visa application. Again, we emphasize that planning in advance for your application is imperative. Give us a call to discuss your need for an H Visa application for the individual currently working for you or who wants to work for your company to move it ahead successfully. We can strategize and lead to the best result for you.  It’s what we do!
Filed under:H-1B Visa, Immigration Law

Only a few seats remaining for 5/17/18. Register Today!

5/4/2018
Share |

Register today for the seminar taking place on Thursday, May 17th at Two Delta Dental in Concord, NH.
 
Here are some reasons you should register right now:
  1. You want to be current on the latest trends in I-9s.
  2. You need a refresher. Review with us new questions, choices, and solutions made in completing I-9s, how to correct flawed forms and how to avoid them.
  3. Your remote hires, recent merger, or federal contracts present considerable challenges that can be met following this informative seminar.
  4. HRCI credit and a certificate are provided to you so you maintain your HR accreditation.
  5. Knowledgeable speakers and assistants to walk you through real examples.
  6. We include a breakfast buffet!
Visit our website for more information or click here to register now.
Filed under:E-Verify, Form I-9 Compliance, HR Events, Immigration Law, Seminar, Worksite Enforcement

Big Changes Coming for F, J, and M Nonimmigrants

5/14/2018
Share |

The U.S. Citizenship and Immigration Services (USCIS) announced on May 11, 2018 that it is changing its longstanding policy on how unlawful presence is calculated for students and exchange visitors in F, J, and M nonimmigrant status, as well as their dependents in F-2, J-2, or M-2 status. The new policy, which will go into effect on August 9, 2018, was released to align with President Trump’s Executive Order: Enhancing Public Safety in the Interior of the United States. Members of the public can submit comments on the new policy until June 11, 2018.
 
According to the new policy, individuals in F, J, and M nonimmigrant status, who failed to maintain their status before August 9, 2018, will start accruing unlawful presence on that date, unless they had already started accruing unlawful presence on the earliest of any of the following: 
  • The day after the U.S. Department of Homeland Security (DHS) denied their request for an immigration benefit, if DHS made a formal finding that the individual violated his or her nonimmigrant status while adjudicating a request for another immigration benefit;
  • The day after their I-94 expired; or
  • The day after an immigration judge or the Board of Immigration Appeals (BIA) ordered them excluded, deported, or removed from the U.S., regardless of any appeal filed.
Individuals in F, J, and M nonimmigrant status, who fail to maintain their status on or after August 9, 2018, will start accruing unlawful presence on the earliest of any of the following:
  • The day after they no longer pursue their course of study or authorized activity, or the day after they engage in an unauthorized activity;
  • The day after completing their course of study or program, including any authorized practical training plus any authorized grace period;
  • The day after their I-94 expires; or
  • The day after an immigration judge or the BIA orders them excluded, deported, or removed from the U.S., regardless of any appeal filed.
Unlawful presence is time spent in the U.S. after the expiration of the period of stay authorized by DHS. If an individual accrues more than 180 days of unlawful presence during a single stay in the U.S., and then he/she departs the country, he/she may be subject to a three-year bar from readmission. Accruing more than one year of unlawful presence during a single stay and then departing can result in a 10-year bar from readmission. An individual who accrues a total period of more than one year of unlawful presence, whether in a single stay or during multiple stays in the U.S., and who then re-enters or attempts to re-enter the country without inspection is permanently inadmissible. Having a U.S. admission bar means an individual is generally not eligible to apply for a visa, admission, or permanent residence without a waiver of inadmissibility or another form of relief.
 
With its announcement, USCIS explained that these policy changes are designed to reduce the number of nonimmigrants who overstay their periods of U.S. admission and clarify how USCIS implements the unlawful presence grounds of inadmissibility. In discussing the policy changes, USCIS Director L. Francis Cissna stated, “USCIS is dedicated to our mission of ensuring the integrity of the immigration system. F, J, and M nonimmigrants are admitted to the United States for a specific purpose, and when that purpose has ended, we expect them to depart, or to obtain another, lawful immigration status…The message is clear: These nonimmigrants cannot overstay their periods of admission or violate the terms of admission and stay illegally in the U.S. anymore.”
 
Worried about how this new policy might affect you? GoffWilson is here to help! Contact our office today for more information. 
Filed under:Immigration Law

ICE’s Worksite Enforcement Strategy Could Affect Your Company

7/27/2018
Share |

On July 24, 2018, U.S. Immigration and Customs Enforcement (ICE) announced the results of a two-phase nationwide operation in which it served Form I-9 Notices of Inspection (NOI’s) (i.e. audit notices) on more than 5,200 U.S. businesses. During the first phase of ICE’s operation, from January 29–March 30, 2018, it served 2,540 NOI’s on businesses and made 61 arrests. During the second phase, which ran from July 16–20, 2018, ICE served 2,738 NOI’s and made 32 arrests.  
 
Overall, from October 1, 2017 – July 20, 2018, ICE’s Homeland Security Investigations (HSI) opened 6,093 worksite investigations and made 675 criminal and 984 administrative worksite-related arrests. According to Acting Executive Associate Director for HSI, Derek N. Benner, the increase in I-9 audits is an effort to create a culture of compliance among employers. In this age of “Extreme Vetting,” we are seeing more site visits around H and L visa applications.
 
In our January 11, 2018, bLAWg post, we discussed ICE’s comprehensive worksite enforcement strategy, which was designed to target employers who violate employment laws. ICE’s strategy involves a three-prong approach to conducting worksite enforcement:
 
Compliance through Form I-9 audits, civil fines, and debarment referrals;
Enforcement through arresting employers who knowingly employ undocumented workers; and
Outreach through ICE’s IMAGE program, which aims to instill a culture of compliance and accountability.
 
With this recent wave of I-9 audits by ICE, it is clear that the worksite enforcement strategy is coming to fruition. Employers need to be proactive in their approach to compliance, before ICE comes knocking. A written compliance policy is more important than ever in helping to protect you from potential liability. Think you need assistance? GoffWilson is here to help, as our firm offers I-9 audit and compliance services, including personalized private training. Contact our office today for more information.

Filed under:Form I-9 Compliance, Immigration Law, Notice of Inspection, Worksite Enforcement

A Step Forward for the H-1B Visa Application Process, Or Is It?

12/14/2018
Share |

In an effort to modernize the H-1B Visa, the United States Citizenship and Immigration Services (USCIS) recently proposed a rule change—Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens—that will make sweeping changes to how H-1B applications are processed by moving registration online. The USCIS is hopeful that this transition will result in less paperwork, increased efficiency, and decreased costs. While we at GoffWilson believe in the long-term value of streamlining and modernizing the H-1B process, the rule itself, along with its timing, has created some potential pitfalls that employers must be aware of. 
 
Online Registration Process
 
Under the USCIS’s proposed rule, sponsoring employers would need to electronically register applicants online before submitting an H-1B petition. The online registration process will require basic information from both the employer, such as name and address, and the beneficiary, like name and contact information. Additionally, the USCIS will need to know if a candidate has obtained a master's degree (or higher) from a U.S. institution. If the USCIS receives more petitions than required to fill the capped number of 85,000 H-1B visas granted per year with 20,000 of those reserved for applicants with a master's degree or higher, they will randomly select enough applicants from the registration to meet the cap. Those selected will have 60 days to submit full H-1B petitions along with an approved Labor Condition Application (LCA). 
 
Possible Problems with Online Registration 
 
What is most alarming for employers about the proposed online registration is the timing. December and January are typically the times of the year when businesses begin planning for hiring foreign-born employees—the new rule is open for public comment through January 2nd, meaning that the final rule regulating the process is likely to be published just weeks before the filing period opens, leaving employers in limbo as to how the H-1B Visa application process will be handled. Additionally, well-advised employers will have already begun preparing petitions following the old process, to avoid the increasing number of Requests for Further Evidence (RFEs) and Notice of Intent to Deny (NOIDs) by this point anyway, nullifying any time or resource savings. 
 
In addition to timing, there are a few other notable issues with the USCIS’s proposed online registration. The first issue is the ease with which employers can register for an H-1B Visa—because of the minimal amount of information required for employers to register online, the registration system could become flooded with non-meritorious registrations. Another issue is with the proposed staggering of filings by the USCIS. While staggered filing will allow the USCIS to better manage their workflow, it could worsen process delays already present in the current system, and cause difficulties for employees hoping to begin work on October 1st. 
 
What Employers Can Do To Prepare Themselves 
 
The immigration attorneys of GoffWilson believe the smart move for employers is to prepare for business as usual and treat this year’s H-1B season as they have in years past. That means companies should have well-evidenced and complete H-1B petitions ready to be submitted on April 1st. Employers should also be ready to register under the new system when, and if, it goes live. By doing this, employers’ interests are protected in both eventualities—more so, by going through the full H-1B petition process, employers can ensure the merit of their application and will be ready to go if their applicant is chosen.
 
Why GoffWilson 
 
H-1B Visa filing season always gives businesses a lot to consider, and the USCIS’s proposed new rule increases concerns exponentially. GoffWilson solely practices immigration law and has successfully assisted thousands of employers and employees with their H-1B petitions. Contact GoffWilson today and put our decades of experience to work for your company.

Filed under:H-1B Visa, Immigration Law

Have You Started Thinking About Filing for an H Visa?

1/22/2019
Share |

With H-1B filing season upon us as of April 1, 2019, we take this opportunity to remind you that the H-1B cap is expected to be reached much faster this year. This, coupled with higher denial rates of applications and with a staggering RFE (Request for Evidence) rate, a clear, "culture of no" message from the USCIS is making it more difficult for skilled foreign nationals to work in the USA with increasing denial rates for both the H-1B and L-1 visa programs. It is undeniable that Tech Firms, Medical Institutions, and others rely heavily on these professional workers. It is still possible for these employers to secure H-1B visa approvals for their employees.
 
Employers report the time lost due to the increase in denials and Requests for Evidence is costing them millions of dollars in project delays and contract penalties while aiding competitors that operate exclusively outside the United States beyond the reach of USCIS adjudicators and U.S. consular officers.
 
Small to medium-size companies and IT consultants and staffing agencies often bear the burden of these overbearing RFE's. Working with smart immigration practitioners and preparing your case strategy in advance to address both your strengths and weaknesses, will pay off greatly. Here are some tips that we highly recommend be incorporated in your filings:
 
  • Incorporate a detailed brochure and description of the employer's products or services and why you require a professional with a bachelor's degree to perform the offered position. Include promotional materials, press releases or news articles to illustrate the nature of the business, new trends and growth factors
  • Consider including a copy of your corporate tax return or financial statements
  • Explain in detail why the position cannot be performed by an employee without a bachelor's degree; i.e. is it standard in your industry? Provide detail (such as examples of work to be done) concerning the complexity of the position
  • Explain that all workers in that position within your company hold a Bachelor’s Degree or higher 
  • Provide a real, detailed job description with the percentage of time spent on the duties of the position. Further, explain any discretionary judgment that the employee will have in their job and other such areas of responsibility that are demanding or highly advanced
  • Provide evidence that you have a current and past practice of hiring bachelor's degree employees for the subject position
  • IT and staffing agencies must be prepared to evidence the "employer-employee relationship" in H-1B offsite placement work situations by clearly evidencing the employer's ability to "hire, pay, fire, supervise, or otherwise control the work of the employee. Include a copy of the end-client agreement showing the duration of the stay
 
Again, we emphasize that planning in advance for successful case approval is imperative. These are a few tips to help you start planning for H season. If you currently have employees working for you in OPT or STEM, now is the time to move them into H visa status. We hope that you will find this information helpful. If you'd like to set up a time to discuss your H-1B visa needs with our attorneys or to engage our services, please feel free to contact us. We recommend you do so now as it takes time to adequately prepare these applications. Let us put our team to work for you. Immigration—it’s what we do.
Filed under:H-1B Visa, Immigration Law

What the New DHS H-1B Process Means for Employers

2/3/2019
Share |
 
Last week, the Department of Homeland Security (DHS) posted a final rule in an effort to create a more effective and efficient H-1B visa program. The rule will go in effect April 1 and changes the way in which petitions are selected in the annual H-1B visa lottery. The new rule also paves the way for further changes—namely electronic registration—in the fiscal year (FY) 2021 cap season. Keep reading to learn what exactly these changes are and how they will affect your business. 
 
Change of Lottery Selection Order
 
The most immediate change brought by the new rule is restructuring of the order in which the United States Citizenship and Immigration Services (USCIS) selects H-1B visa allocations. Beginning this year, the USCIS will select 65,000 H-1B petitions for all applicants first, followed by the selection of 20,000 petitions from applicants with a U.S. master's degree or higher. 
 
In the past, the USCIS has selected the 20,000 applicants with a U.S. masters degree or higher before selecting 65,000 H-1B petitions from all applicants. According to a press release from the USCIS, the rule change will result in a 16%—or 5,340 workers—increase in individuals with a master's degree or higher from a U.S. institution having their petition selected.   
 
Electronic Registration 
 
While the revised selection process goes into effect this year, the electronic registration process that was proposed along with it—as we detailed in our blawg, A Step Forward for the H-1B Visa Process, Or Is It?—will be delayed until the FY 2021 cap season. The decision to delay the rollout of electronic registration is in response to public feedback—and is embraced by many immigration lawyers, including us—as it allows the USCIS more time to ensure the system and process are fully functioning before going live. 
 
Once implemented, the electronic registration process will present a large shift in the way H-1B visas are processed. Beginning in FY 2021 cap season, electronic registration will be required of all H-1B cap petitioners, including those eligible for the advanced degree exemption, to electronically register—rather than submitting a complete H-1B petition—with the USCIS during a designated period. 
 
What These Changes Mean for Employers
 
Depending on an employer’s hiring strategy, this rule may or may not be beneficial. For employers seeking to hire foreign nationals with advanced degrees from U.S. colleges and universities, the odds of being selected in the H-1B visa lottery has improved. However, there could be unintended consequences to the new rule, such as putting businesses that employ professionals in fields that don’t require a masters degree—for example, architecture, accounting, and public education—at a disadvantage. It could also have an impact on the healthcare sector, which heavily relies on foreign physicians, many of whom completed their medical education overseas. The rule will also lower the odds for some of the most skilled and qualified applicants with foreign advanced degrees—like those from prestigious universities such as Oxford University, Sorbonne University, and the University of Toronto.
 
The new electronic registration process will make it easier for employers to participate in the H-1B lottery and USCIS believes it will make the H-1B cap process more cost-effective for petitioners and more efficient for the USCIS. But, will this be the result? 
 
On the surface, only needing to simply register for the H-1B lottery, rather than submit a completed petition, would seem like a positive for employers. However, in many ways, this could end up costing employers additional time. The most notable potential problem is that the registration system could become inundated with non-meritorious applications. 
 
Why GoffWilson 
 
GoffWilson solely practices immigration law and has successfully assisted thousands of employers and employees with their H-1B petitions. If you have a question about the H-1B visa, how to put your petition together with the best chance for success, and how the new rule will affect your business, contact GoffWilson today. Put our thirty-plus years of experience and success with immigration and deep knowledge of the H-1B visa to work for you. Immigration—it’s ALL we do!

Filed under:H-1B Visa, Immigration Law

GoffWilson Announces a May I-9 Event

4/8/2019
Share |

Learn to successfully navigate in a more aggressive worksite enforcement environment. Sign up for our next I-9 training here. 
 
The current administration has made it clear, through Executive Orders, that enforcement of employment verification laws will be more rigorous. There is a new proposal to hire 10,000 more U.S. Immigration and Customs Enforcement (ICE) officers, many of whom will focus on I-9 audits (often referred to as “desktop raids”). 
 
The I-9 form affects all employers in the country, and the Trump administration has vowed to assess millions of dollars in civil penalties for I-9 violations and employment discrimination. Small businesses across the U.S. have already been assessed thousands of dollars in civil penalties for I-9 violations, with some companies losing their business licenses and being squeezed out of the bidding process for government contracts
.  
HR professionals, recruiters, and anyone who works with the I-9 form should attend this important seminar to keep themselves, and their compliance programs, up to date on current I-9 regulations. GoffWilson’s experienced I-9 team will teach tips on compliance and the E-Verify process, and answer any I-9 questions you may have. Participants are given hands-on exercises to put education into practice and learn about the civil and criminal penalties associated with non-compliance.
 
At the conclusion of this seminar, you’ll have the information you need to avoid the pitfalls of the I-9 landscape—and the confidence that comes with knowing you’re in compliance. If you need to understand the array of compliance-related regulations or simply want to brush up on the latest I-9 info, sign up today! GoffWilson I-9 Workshops offer participants recertification credit hours through the HR Certification Institute (HRCI) for PHP, SPHR, and GPHR.
 
GoffWilson offers I-9 training in public and private settings several times throughout the year. Contact our office today to sign up or to request more information! Also, stay tuned to our bLAWg for more updates on I-9 compliance and keeping your company up to date. It’s what we do and it’s our passion. 

Filed under:E-Verify, Form I-9 Compliance, Immigration Law, Seminar, Worksite Enforcement

There’s Still Time to Register for Our Latest I-9 Seminar

4/24/2019
Share |

There are still some good seats remaining for our informative must-do seminar, Understanding the Current I-9 Form in an Aggressive Enforcement Environment. Register today to be on top of your game! 
 
This half-day seminar is Tuesday, May 7, 2019, at 2 Delta Drive in Concord, NH, and includes a scrumptious breakfast.
 
Here are a few reasons (on top of the breakfast) to register now:
  • You want to be in compliance and current on the latest trends in I-9s.
  • You need a refresher—review with us the choices made when completing I-9s, how to correct flawed forms, and how to avoid them.
  • You have some nagging questions about completing I-9s that you really want to be answered by the pros.
  • Your remote hires, a recent merger, potential merger, or federal contracts present challenges that can be met following this informative seminar.
  • HRCI credit and a certificate are provided to you so you maintain your HR accreditation.
  • Knowledgeable speakers and assistants will walk you through real examples and you will leave with an up-to-date workbook to use as a future reference guide.
Visit our website for more information or click here to register now. We look forward to seeing you! 

Filed under:E-Verify, Form I-9 Compliance, HR Events, Seminar, Worksite Enforcement

Former DSO Official Guilty of Visa Fraud

5/20/2019
Share |

The Trump administration has made its intentions on immigration clear through its actions over the past two-plus years. While the border and proposed wall grab nightly headlines, immigration enforcement is increasing in intensity in all sectors—including higher education. This makes it imperative that higher-ed officials are aware of immigration policies and the actions of the people responsible for handling them, as the momentary lapse in judgment of one person in a position of authority is all it takes to land in the headlines, be subjected to fines, and face jail time. This was the case of Daniel Cabanillas, a Designated School Official (DSO) at Mercyhurst University in Erie, Pennsylvania.
 
Daniel Cabanillas found himself in the sights of federal prosecutors for knowingly making a false statement on a Form I-20, Certificate of Eligibility for Nonimmigrant Student Status. In his position as DSO at Mercyhurst University, Cabanillas falsely claimed that a student had been accepted into a master’s degree program—the false Form I-20 was then used by the student to obtain a student visa to gain entry to the United States. Although Cabanillas plead guilty to this one incident, the court was advised that Cabanillas falsified acceptance documents for dozens of other students while working as a DSO for Mercyhurst University.  
 
Cabanilla’s transgression cost him his job; he was terminated on February 19, 2015. Additionally, Cabanillas was sentenced in federal court to two years probation and ordered to pay a $1,000 fine—although the law provides for a maximum total sentence of 20 years in prison, a fine up to $500,000, or both. For its employment of Cabanillas, Mercyhurst University has received negative attention making national headlines in the hot-button topic of immigration. 
 
Marlon V. Miller, the special agent in charge of Homeland Security Investigations (HIS), the investigative arm of the Department of Homeland Security (DHS) said: “This investigation is an example of how those that abuse the immigration process will be held accountable to the fullest extent of the law. Mr. Cabanillas, while serving in his capacity as a designated school official at Mercyhurst University, abused his authority and undermined the integrity of the international student visa process.” 
 
Designated School Officials play a vital role in the operation of any college or university enrolling international students. DSOs serve under a Principal Designated School Official (PDSO)—the main point of contact for the Student and Exchange Visitor Program (SEVP)—and are responsible for the oversight and assistance of students enrolled with an F or M visa. One of the administrative functions of DSOs is the updating of student records in SEVIS, the Department of Homeland Security’s (DHS) web-based system for maintaining information on international nonimmigrant students and exchange visitors in the United States. Because DSOs are the connection between colleges/universities and the government, it’s imperative that they provide accurate information. 
 
According to U.S. Attorney Scott Brady, “The Student Exchange and Visitor Program relies on the honesty and integrity of Designated School Officials to truthfully certify to the information contained in Visa application documents, and when DSOs provide or certify false information, our system of lawful immigration into the United States for educational purposes is frustrated.”
 
In today’s era of heightened immigration enforcement, all institutions should be prepared to have their immigration programs audited or investigated—including colleges and universities. Smart schools shouldn’t wait for the government to look into their immigration practices; rather, they should self-audit and establish best practices to ensure they’re compliant with all rules and regulations to avoid penalties and negative press. If your school has a question about its immigration practices or is interested in developing a system to ensure compliance, contact GoffWilson today! 
 
With over 30 years of experience and solely practicing immigration, GoffWilson has helped numerous educational institutions enroll brilliant students from across the globe and we can assist you as well. Immigration is what we do! 
Filed under:Immigration Law

Increased Fees for International Students, Exchange Visitors, and SEVP-Certified Schools

6/3/2019
Share |

The Department of Homeland Security (DHS) recently announced changes to the fees charged by the Student and Exchange Visitor Program (SEVP) to international students, exchange visitors, and SEVP-certified schools. The revamped fees are scheduled to go into effect on June 24, 2019, and in addition to increasing the expense for both students studying in the United States and the institutions they’re attending, the move could have a lasting impact on the U.S.’s position as a world leader in international education. 
 
The reason for the update to the fees associated with SEVP is to cover the cost of maintaining the program’s technological systems, paying operational staff, and making enhancements to the program. According to Rachel Canty, SEVP program director, “SEVP’s fees have not changed since 2008, although our costs have continued to grow due to inflation, expanded program operations and enhancements to the Student and Exchange Visitor Information System (SEVIS). The new and increased fees will enable the program to continue to provide oversight of international students and SEVP-certified schools.”
 
SEVP acts as a conduit between the government and students coming to the United States to study—working on the behalf of the Department of Homeland Security (DoS) to manage schools and nonimmigrant students on F and M visas. The DoS manages the Exchange Visitor Program and nonimmigrant exchange visitors on J visas. Both SEVP and the DoS use SEVIS to track and monitor schools and nonimmigrants in the U.S. participating in these programs.  
 
For students, the most notable fee increase is the I-901 charge for international students on F and M visas, which will go from $200 to $350—a rise of 75%. Also expanding is the full I-901 SEVIS fee for J exchange visitors, growing from $180 to $220. However, the $35 partial I-901 fee for J exchange visitors in the au pair, camp counselor, and summer work travel program participant categories will remain the same. 
 
Colleges and universities are also seeing consequential swelling of fees. The SEVP school certification petition fee that is required for the initial certification of an institution is increasing from $1,700 to $3,000—an increase of over 75%. Additionally, these schools will have to pay a new $1,250 fee bi-annually for recertification. Another new fee facing SEVP-certified schools is a $675 charge when schools file the Form I-290B, “Notice of Appeal or Motion,” and a $655 fee when a school changes its physical location or adds a new physical location or a new campus to its Form I-17, “Petition for Approval of School for Attendance by Nonimmigrant Student.”

Fee Type

Current Fee

Final Fee

Incremental Fee Adjustment

I-901 F/M

$200

$350

$150

I-901 J-Full

$180

$220

$40

I-901 J-Partial

$35

$35

$0

I-17 Initial Certification

$1,700

$3,000

$1,300

I-17 Recertification

$0

$1,250

$1,250

Site Visit-Initial

$655

$655

$0

Site Visit-New Location

$0

$655

$655

Appeal Fee

$0

$675

$675

Prospective international students and exchange visitors are required to pay the I-901 SEVIS fee before being issued a visa—those who pay the fee before the price increase do not need to pay the difference between the old fee and the new fee. Schools filing an initial certification or recertification petition, petition update, or Form I-290B before the fee increase (even if it’s not adjudicated before the fee implementation date), are not required to pay the new or increased fee. 
 
The main concerns over the lofty increases in fees is that it could threaten the U.S.’s position as a world leader in international education, disrupt an important sector of the economy, and damage the other contributions—both academic and cultural—that these valuable students bring to the U.S. 
 
The U.S. is currently home to 1,078,822 international students, more than double the country with the second largest international student population, the U.K., with 501,045. According to the National Association of International Educators (NAFSA), international students contributed $36.9 billion and supported more than 450,000 jobs to the U.S.
the economy during the 2016-2017 academic year. The fear is that, as the U.S. makes it more expensive and challenging for international students to study here, other English-speaking countries such as Canada and Australia are striving to be more welcoming to international students. 
 
If you have questions about what the increased SEVP fees mean for you or your school, contact GoffWilson today. Solely practicing immigration, for decades GoffWilson has helped the world’s best and brightest people pursue their education in the U.S. while assisting educational institutions host these brilliant minds. Immigration isn’t just what we do, it’s our passion. 
Filed under:Immigration Law

Understanding the Fairness for High-Skilled Immigrants Act of 2019

7/16/2019
Share |

You may have recently learned about the new piece of immigration legislation before Congress called the Fairness for High-Skilled Immigrants Act of 2019, H.R. 1044. The Fairness for High-Skilled Immigrants Act is intended to clear the backlogs facing skilled workers, primarily from India and China, seeking permanent residency in the U.S. for themselves as well as their spouses and children. With bipartisan support from Congress, and a similar bill with bipartisan support in the Senate, the Fairness for High-Skilled Immigrants Act of 2019 attempts to surgically correct an obvious flaw in the U.S. immigration system. At its simplest, this bill doesn’t add any new visas, it merely eliminates roadblocks for workers who have lived in, worked in, and contributed to the U.S. for years and who want to become citizens. 
 
Under the Current Immigration System 
 
Today’s immigration system imposes quotas on the number of visas given to citizens of a particular country—currently no more than 7% of the total number of visas allocated can be allocated to any single country. Because this system fails to account for the different population sizes of other countries, it negatively affects immigrants originating in larger countries. For example, India has a population of 2.5 times larger than the European Union (EU); this means India, with a population of over a billion people, is apportioned the same number of visas as a country such as Iceland, which has a population of approximately 340,000 people.  
 
The disparity in the number of available visas and the size of the originating country has resulted in decades-long wait times for immigrants from India and China. The Cato Institute has an interesting article, 150-Year Wait for Indian Immigrants With Advanced Degrees, that describes the situation facing highly skilled Indian immigrants trying to obtain permanent residency in the U.S. 
 
The Fairness for High-Skilled Immigrants Act 
 
The Fairness for High-Skilled Immigrants Act will remove the per-country caps pertaining to employment-based visas, and shift to a first-come, first-serve basis. The bill will also increase the per-country allocation of visas from 7% to 15%. It’s predicted that passing the Fairness for High-Skilled Immigrants Act will lead to a significant reduction in visa backlogs for Indian and Chinese foreign nationals, and speed up the process of gaining permanent residency for the spouses and children of H-1B visa holders—the latter of which risk aging out of their visas and being sent back to their home countries. 
 
Seeing that the Fairness for High-Skilled Immigrants Act will not add any additional visas, immigrants from smaller countries with lower demand for visas will face longer wait times. 
 
Conclusions
 
Although the Fairness for High-Skilled Immigrants Act doesn’t correct all of the issues with our current immigration system, it does address an obvious flaw and offers a sensible solution for the multitude of foreign professionals living and working in the U.S. today. Receiving overwhelming support in Congress, the bill passed by 365 to 65 votes. However, companion legislation in the Senate is facing a less certain future despite support across the aisle, meaning it could get caught up in committees before being put to a vote on the Senate floor. After that, the bill’s future is even more uncertain, as it gets passed along to an executive branch with a history of being unfriendly to immigration. 
 
GoffWilson Immigration 
 
While the U.S. government attempts to correct imperfections in its immigration system, GoffWilson is here to help you. Soley practicing immigration, GoffWilson can assist you in navigating the complexities of the green card process. Practicing both employment and family immigration, we help individuals and families come to the U.S. to live their American dreams. Immigration isn’t just what we do, it’s our passion. Contact us today!

Filed under:H-1B Visa, Immigration Law

USCIS Announces Changes to the Current Naturalization Test

8/8/2019
Share |
 
The U.S. Citizenship and Immigration Services (USCIS) announced that it’s making revisions to the current naturalization test and will start implementing an updated test beginning December 2020 or early 2021. According to USCIS, the changes are a step toward ensuring that the test is an accurate measure of an applicant’s knowledge of U.S. history, government, and values. However, since the White House is capable of exerting control over the test, critics are dubious of any proposed changes and the reasons for them. 
 
About the Naturalization Test
 
Debuted in 1986, the last revision to the naturalization test occurred over ten years ago in 2008, the result of a $6.5 million redesign taking place over six years of discussions with historians, immigrant organizations, and both liberal and conservative research groups. The 2008 revisions to the naturalization test did not change the format of the exam; rather, it shifted the focus of the test away from civics trivia to basic questions about the structure of government, U.S. history, and geography.  
 
In its current format, potential citizens must answer a minimum of six out of ten questions randomly generated from a list of 100 questions. All of the questions and answers for the naturalization test are found on the USCIS website. If it sounds like the naturalization test is merely a formality, consider that a 2018 survey by the Woodrow Wilson National Fellowship Foundation discovered that just 1 in 3 U.S. citizens could pass the current test.
 
USCIS’s Reasons for Changing the Naturalization Test
 
When announcing the upcoming changes to the naturalization test in May, then-USCIS Director Francis Cissnac wrote, “Citizenship is the culmination of an immigrant’s journey to fully join our nation and live with us in a common bond... By revising this test every 10 years, we can ensure that the civics education requirements remain a meaningful aspect of the naturalization process.”
 
USCIS acting Director Ken Cuccinelli says the reason for the overhaul of the naturalization test is that “updating, maintaining, and improving a test that is current and relevant is our responsibility as an agency in order to help potential new citizens fully understand the meaning of U.S. citizenship and the values that unite all Americans.”
 
Other Notable Changes to the Naturalization Test
 
In addition to changing the questions asked on the naturalization test, alterations to the speaking section of the test are also expected. According to the Immigration and Nationality Act, candidates for naturalization must have “an understanding of the English language, including an ability to read, write, and speak words in ordinary usage in the English language.” USCIS has yet to reveal any specific changes to the speaking portion of the test. 
 
Concerns About Changes to the Naturalization Test
 
Critics of the White House and its immigration policy fear that this is another attempt to increase the difficulty of naturalization and slow down the process. The naturalization test affects a large number of individuals; in Fiscal Year 2018, USCIS naturalized nearly 757,000 people—a five-year high in new oaths of citizenship—up from 707,265 people in 2017. 
 
GoffWilson Immigration Law 
 
GoffWilson is monitoring the revisions to the current naturalization test so we can best strategize with our clients and help them prepare to pass this important test. Given the problematic changes expected and unknown future of the exam, we urge those planning to apply for citizenship to do so as soon as they’re eligible. 
 
GoffWilson is a full-service immigration law firm assisting everyone from multinational businesses to families and individuals navigate the complex U.S. immigration system. If you have a question about what the changes to the naturalization test mean for you, or any other immigration questions, contact GoffWilson today. Immigration isn’t just what we do, it’s our passion!
 
Filed under:Immigration Law, Immigration Reform

The DHS Extends TPS for Syria

9/25/2019
Share |

 

Having recently moved to end Temporary Protected Status (TPS) in countries such as El Salvador, Nicaragua, Honduras, Sudan, Haiti, and Nepal, the Department of Homeland Security’s (DHS) announcement to extend TPS for 18 months is welcome news to the roughly 7,000 Syrian refugees living in the United States dependent on the status. Protections for Syria were officially set to expire on September 30, 2019, but will now allow currently eligible TPS beneficiaries to retain their status—meaning they’re able to legally reside and work in the U.S.—from October 1, 2019, to March 31, 2021. 
 
What is Temporary Protected Status?
 
TPS offers immigrants from countries devastated by temporary emergencies—such as war and natural disasters—the ability to legally live and work in the U.S. However, TPS does not provide a pathway to permanent residency. This leaves beneficiaries in limbo, as they’re able to live, work, and build lives in the U.S., but also with uncertain futures as their protected status is, as the name implies, only temporary.
 
Who Extended TPS for Syria Affects 
 
Through the United States Citizenship and Immigration Services (USCIS) notice Extension of the Designation of Syria for Temporary Protected Status, re-registration is limited to individuals who previously registered for and were granted TPS under the designation for Syria. These individuals must have continuously resided in the U.S. since August 1, 2016, and have been continuously physically present in the U.S. since October 1, 2016. 
 
Current Syrian beneficiaries of TPS must submit Form I-821 to USCIS by November 22, 2019, to renew their status. Additionally, if the beneficiary wishes to extend their employment authorization, they must also submit a timely Form I-765 application for an employment authorization document (EAD). Because not all re-registrants will receive their new EAD before their old one expires on September 30, 2019, the USCIS is automatically extending the validity of those EADs for 180 days. This extension also covers individuals who applied for a new EAD during the last registration period who haven’t received their new EAD. 
 
Why DHS Decided to Extend TPS to Syria 
 
According to Department of Homeland Security acting Secretary Kevin McAleenan, “The decision to extend TPS for Syria was made after a review of the conditions upon which the country’s designation is based, which was ongoing armed conflict and extraordinary and temporary conditions, as well as an assessment of whether those conditions continue to exist as required by statute.” 
 
Extension Rather Than Re-designation
 
In just 18 months, the DHS will re-evaluate conditions in Syria and choose to renew, re-designate, or end protections. While there is reason to celebrate the extension of TPS for Syria, it fails to offer a long-term solution for the nearly 7,000 beneficiaries. It also fails to address the other roughly 7,000 Syrians in the U.S. who don’t qualify for TPS because they arrived after the deadline in August 2016. 
 
What the TPS Extension Means for Employers
 
Through March 28, 2020, a TPS-based EAD with an expiration date of September 30, 2019—or March 31, 2018, for individuals who applied for a new TPS-based EAD during the last re-registration period but have not yet received it—along with a copy of the September 23, 2019, Federal Register notice or a Form I-797C receipt indicating that the EAD is automatically extended through March 28, 2020, are acceptable documentation for I-9 employment eligibility verification. 
 
TPS can create confusion for employers and individuals alike; if you or your business need assistance navigating this complex program, or wish to explore other legal immigration options, contact GoffWilson today. GoffWilson solely practices immigration law and for over 30 years has been helping businesses navigate the ever-changing U.S. immigration laws and assisting immigrants in achieving their American dreams. At GoffWilson, immigration isn’t just what we do—it’s our passion. 
Filed under:Immigration Law

ICE Begins Enforcing STEM OPT Compliance with Site Visits

9/29/2019
Share |

Immigration and Customs Enforcement (ICE) is increasing its enforcement of the Science, Technology, Engineering, and Math Occupational Practical Training (STEM OPT) Program through site visits. Though ICE has possessed the authority to make site visits since the rule Improving and Expanding Training Opportunities for F-1 Nonimmigrant Students With STEM Degrees and Cap-Gap Relief for All Eligible F-1 Students went into effect in May 2016, it wasn’t until recently that they conducted inspections. While the debate rages over the intention of this action—with some arguing that it’s another attempt by the White House to stifle legal immigration and others insisting it’s merely oversight—there are some important takeaways from ICE’s latest actions. 
 
What is STEM OPT?
 
The STEM OPT programs enables eligible students with STEM degrees from U.S. colleges and universities to apply for 24 months of Occupational Practical Training (OPT) in the U.S. This OPT is granted in addition to the one-year OPT awarded to all non-STEM-degree F-1 students. In order to qualify for OPT, a student must graduate from an accredited U.S. college or university, secure employment, and work a minimum of 20 hours for that employer. 
 
Employers participating in STEM OPT are responsible for providing a formal, practical training and learning program that’s related to the F-1 student’s degree. Employers must outline the details of their training program on Form I-983, which is submitted and approved by the Designated School Official at the F-1 student’s academic institution.
 
Explaining a STEM OPT Inspection
 
According to the aforementioned 2016 rule, the purpose of on-site inspections is “intended to ensure that each employer meets program requirements, including that they are complying with their attestations and that they possess the ability and resources to provide structured and guided work-based learning experiences outlined in students’ Training Plans”—or, more simply, that the information on an F-1 student’s Form I-983 is accurate and that the employer is following the outlined training plan. 
 
What to Expect from a STEM OPT Inspection
 
ICE will review any number of aspects of a student’s work at an employer. ICE officers may wish to conduct interviews with immediate supervisors, management, and human resource personnel. They may also want to inspect the F-1 student’s workspace and take a tour of the workplace. It’s also likely that ICE will want to review documents such as training plans, evaluations, and pay reports. In the words of ICE spokeswoman Carissa Cutrell, “Site visits are a general compliance measure… The visits help ensure that students and employers are engaged in work-based learning experiences consistent with the purpose of the STEM OPT program and the information supplied on the student’s Form I-983.” 
 
STEM OPT Inspection for Employers
 
In light of the recent STEM OPT inspections, employers should familiarize themselves with the training plans of the F-1 students they employ. Likewise, they should have a strong understanding of the statements and promises made in Form I-983 and have evidence to prove their compliance with the form and with regulations. In some cases, the Department of Homeland Security (DHS)—the agency responsible for overseeing employer site visits—may choose to request information concerning STEM OPT compliance via email or phone rather than send ICE officials for an on-site visit.  
 
STEM OPT Inspection at a Third-Party Site
 
If a STEM OPT student is working at a third-party site, it’s vital for employers to know that ICE might conduct their visit there. If your company is placing F-1 students off site, it’s vital that you communicate with vendors and clients to discuss the potential of an on-site visit and formulate a plan to ensure they’re prepared in the event of one.
 
STEM OPT Inspection for Students
 
The people most threatened by STEM OPT inspections are students. Currently, there are no regulatory or enforcement penalties for employer violations. However, if either the student or their employer is found out of compliance, the DHS may deny, revoke, or terminate the STEM OPT of the F-1 student. 
 
Notice of a STEM OPT Inspection 
 
In most cases, a company will receive 48 hours advanced notice of a STEM OPT inspection, along with a list of the STEM OPT trainee(s) selected for inspection, a request for their Form I-983s, and other documentation relating to the company’s STEM OPT training program. In the event that a complaint is made to ICE, or there is evidence of noncompliance, no notice is required in advance of a site visit. 
 
Planning for a STEM OPT Inspection
 
To quote Benjamin Franklin, “By failing to prepare, you are preparing to fail.” With these inspections becoming more commonplace, it’s advisable that employers take the following steps to protect themselves and the students they employ:
  • Regularly review F-1 students’ Form I-983s to ensure compliance
  • Maintain files containing all relevant STEM OPT form copies and supporting documents
  • Make sure the duties, hours, and compensation of STEM OPT students is aligned with those of the company’s U.S. workers
  • Designate a company representative to contact upon ICE’s arrival—this person should accompany the officer on their visit and take notes on what documents were provided, who was spoken to, and what questions were asked. 
In the End
 
It’s still early in ICE performing STEM OPT inspections and, as of this moment, it’s unclear just how in depth ICE will get. Employers and students alike are advised to familiarize themselves with the content of their Form I-983s and be prepared to describe their training to ICE. If you or your organization have any questions about what the increase in STEM OPT inspections means for you, contact GoffWilson today. For over 30 years, GoffWilson has helped businesses and individuals navigate the ever-changing U.S. immigration system. Immigration isn’t just what we do, it’s our passion. 
 
Filed under:Immigration Law, Worksite Enforcement

USCIS Implements a New Electronic H-1B Registration Process

12/12/2019
Share |

The United States Citizen and Immigration Services (USCIS) has announced a change to the process of filing H-1B cap-subject petitions, including petitions for those eligible for the advanced degree exception.
 
The Change 
 
The major diversion from the process of selecting cap-subject H-1B applicants is that they’re now required to register online during an initial registration period. For the upcoming year, the registration period is between March 1st and March 20th. If the number of applicants exceeds the cap, the USCIS will randomly select H-1B recipients from the pool of registered online applicants. Ultimately, only those people who have registered electronically—and, in the event of a lottery, have been selected—will qualify to file an H-1B cap-subject petition. 
 
The move to online registration comes as no surprise; we wrote about it first back in December 2018 and again in February 2019. 
 
The Registration Process
 
The new online registration process will only require basic information about the worker and the company requesting a visa for the worker. The USCIS is charging a non-refundable $10 fee to register for a cap-subject H-1B visa. It’s worth noting that an applicant selected through the electronic H-1B registration process is not immediately awarded a visa. If selected, they’re still required to go through the application process. 
 
A Quick Guide to the Electronic H-1B Registration Process 
 
  • The USCIS opens initial online registration (requiring just basic information) between March 1, 2020 and March 20, 2020
  • Lottery for H-1B applicants who registered electronically (if needed)
  • Employers of chosen applicants are eligible to file cap-subject petitions 
 
Former H-1B Process
 
If you’re unfamiliar with the way the USCIS managed cap-subject H-1B petitions formerly, every cap season, employers filed full petitions for sponsored applicants. If the number of applicants exceeded the cap, visa beneficiaries were chosen through the H-1B visa lottery. In fiscal year 2020, the USCIS received 201,011 H-1B petitions to fill the congressionally mandated cap, along with the 20,000 additional H-1B visas available through the US advanced degree exemption, sometimes called the master’s cap.
 
Why the Change
 
Many immigration professionals are dubious of the change in the H-1B process. Their primary concern is that the USCIS requirement for only basic information about the candidate and business will flood the system with non-meritorious applications. The USCIS disagrees; according to USCIS Deputy Director Mark Koumans, “By streamlining the H-1B cap selection process with a new electronic registration system, USCIS is creating cost savings and efficiencies for petitioners and the agency, as only those selected will now be required to submit a full petition.” 
 
GoffWilson Immigration Law
 
With over 30 years of practicing immigration law—and having processed thousands of H-1B visas over that time—GoffWilson is the go-to source for immigration information. Although we’re still waiting for the USCIS to release information on key dates, timelines, and how to register electronically, we encourage our clients to contact us immediately if they’re planning on filing for any H-1B visas, either new or in OPT. Let us help you strategize the best way to find and keep your professional employees in a tight labor market. GoffWilson solely practices immigration law—contact us today and let us put our passion to work for you.
Filed under:H-1B Visa, Immigration Law

Exploring the USCIS H-1B Cap Registration Update

1/23/2020
Share |


 

H-1B visas loom large in the minds of many of our clients, and this year is no exception. The H-1B visa has been at the forefront of our clients’ thoughts even more this year, due to the US Citizenship and Immigration Services (USCIS) announcing plans to implement an electronic registration process in the next H-1B visa lottery. Although plans for transitioning the H-1B registration process have long been known—we wrote about it back in December 2018—until recently, details about the new process have been thin. 

 

On January 9, 2020, the USCIS began filling in some of the important details about the online process and offering some guidance to employers when it formally announced the new H-1B registration process, publishing Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens in the Federal Register.  

 

What We Know About the New H-1B Process

 

One of the most valuable pieces of information gleaned from the USCIS publishing is the dates of the initial registration period—March 1 through March 20, 2020. During this time, H-1B cap-subject visa petitioners, including those eligible for an advanced degree exception, can register electronically through an online portal on USCIS.gov. Petitioners, or their authorized representatives, are required to fill out a separate registration for each alien they’re seeking a cap-subject H-1B petition for. 

 

Two important things to note about the new electronic process is that there is a non-refundable $10 fee per registration (payable via bank account, credit card, or debit card) and registering the same petitioner multiple times is forbidden. 

 

To register for through the USCIS online portal, some basic information is required about both the employer and prospective employee. Before beginning the registration process, you’ll want to know the employer’s name, address, and employer identification number (EIN), along with the employee’s name, degree, and country of birth. 

 

After the registration window closes, the USCIS will conduct a lottery, selecting 85,000 registrants. Those selected will be alerted via email or text message no later than March 31, 2020. The USCIS will accept completed petitions by April 1, 2020, although selected petitions will have at least 90 days from the date of registration to submit a complete petition. 

 

What We’re Waiting to Learn About the New H-1B Process

 

The USCIS’s initial notice about the new online registration process has cleared up some gray areas, but there is still a lot of information left unconfirmed. For example, they have not yet unveiled details on how to create an account on their portal or provided instructions on how to register an employee, and they have only hinted at the information required to register for a cap-subject H-1B petition. The USCIS states that it will conduct outreach—such as hosting in-depth webinars—in advance of the registration process to allow users the chance to familiarize themselves with the process, but with the registration process a little over a month away, it's going to be a tight window. 

 

What You Can Do to Prepare for the Online H-1B Process 

 

In the past, employers filed complete H-1B petitions in advance of the USCIS H-1B visa lottery. One of the challenges with the new online process is that it only requires basic information during the registration process. This makes it easy to register cap-subject H-1B petitioners, but if the person doesn’t merit a visa, they’ll only get denied further along in the process. Consequently, if you’re planning on registering for an H-1B visa petition, it’s important to vet the person being put forth and ensure they’ll qualify for one of these highly sought-after visas, as well as identify potential issues such as missing evidence. 

 

Why GoffWilson

 

GoffWilson’s sole focus is on immigration law, and we've prepared thousands of H-1B visa applications in our 30+ years of practice. There is still some ambiguity in the new online registration process, but that shouldn’t mean inaction. Using our years of experience, we help clients create strategies custom-tailored to the needs of their organizations and navigate the complex and ever-changing immigration system.

 

If you have questions about the new online H-1B registration process or are ready to begin preparing for another H-1B season, contact GoffWilson today. Immigration isn’t just what we do, it’s our passion.

Filed under:H-1B Visa, Immigration Law

USCIS Issues a New Form I-9

2/17/2020
Share |

Did you know that the United States Citizenship and Immigration Services (USCIS) has released a new Form I-9 which must be used starting no later than May 1, 2020? Businesses may begin using the new form now, and it can be found on our web site and by also by clicking here.
 
Our next Form I-9 Workshop will be held April 9, 2020 in Manchester, NH, at Waterworks Café, 250 Commercial Street. This event will be led by Attorneys John Wilson and Autumn Tertin, as well as other members of our I-9 Team, and will utilize the new Form I-9 throughout the workshop and the new and revised Workbook. This workshop will include:
  • Understanding new regulations and current enforcement trends surrounding Form I-9 and identifying the roles and responsibilities of employers and HR Professionals;
  • Intensive, interactive training (limited registration ensures each participant receives close attention);
  • Review of multiple work authorization documents with hands-on completion of I-9s with critique;
  • Identifying form requirements, challenges, and common errors—and learning the consequences for noncompliance.
GoffWilson Form I-9 workshops are recognized for 3.5 credits for the HR Professional.
 
Save the date of April 9th from 7:30 am to 12 noon for the next Form I-9 workshop and stay tuned for more information and registration.
Filed under:Form I-9 Compliance, HR Events

Injunction Ordered in Accrual of Unlawful Presence and F, J, and M Nonimmigrants

3/2/2020
Share |

 
On February 19, 2020, Judge Loretta Biggs, a federal district court judge, issued a permanent injunction against the United States Citizen and Immigration Services (USCIS), blocking their August 2018 policy memorandum Accrual of Unlawful Presence and F, J, and M Nonimmigrants along with the same-titled, corresponding memo from May 2018. The result of the ruling is that USCIS must revert to using the prior guidance based on its May 2009 memo. The injunction is a big win for foreign-born students and exchange visitors studying in the U.S. on F, J, and M visas.
 
What the Injunction Means for F, J, and M Nonimmigrants
 
The injunction is extremely important for F, J, and M nonimmigrants, as it prevents a vast number of them from suffering a three- or ten-year ban from the U.S. for unknowingly violating their duration of status. For the moment, F, J, and M nonimmigrants will only accrue unlawful presence as defined by the past guidance—after notification from USCIS or an immigration judge. However, it remains unclear what this injunction means for those already found unlawfully present under the August 2018 guidance. 
 
What the Lawsuit Was Over
 
The injunction comes as the result of a decision in the case Guilford College, et al v. Wolf, and is in response to the aforementioned August 2018 memorandum from USCIS changing the interpretation of “unlawful presence,” in which they would find F, J, and M nonimmigrants that had violated the terms of their status to be unlawfully present beginning the day after the status violation occurred.  
 
What the Injunction Means 
 
The upholding of the prior interpretation of “unlawful presence” by Judge Biggs means that nonimmigrants holding an I-94 with a “duration of status” (D/S) admission will not accrue unlawful presence until they have been notified by USCIS or an immigration judge that they’re in violation of their status. Once a D/S nonimmigrant is notified that they’ve violated their status, they have 180 days to leave the country—the penalty for failing to leave the country in that time is a three- or ten-year bar from the U.S.
 
According to Paul Hughes, the lead attorney for Guilford College, “The August 2018 Policy Memorandum would have turned an inadvertent error or omission into the basis for being expelled from the country for 10 years, disrupting essential academic, employment, and family relationships. Now, DHS is obligated to use the same policy that had prevailed for more than two decades, across administrations of both political parties. That rule is one of common sense: international students are first provided notice of an alleged status violation, and then the individual may rectify the issue or timely depart, thus avoiding a reentry bar.”
 
The Importance of the Guilford College Decision 
 
The U.S. is a leader in global education, attracting a large number of the world’s best and brightest minds. Historically, the United States has been the top destination for international students. In the 2018-2019 academic year, the U.S. hosted 1,095,299 international students—those students contributed $44.7 billion to the U.S. economy in 2018. 
 
Summed up by Guilford College attorney Paul Hughes, “Recent immigration policies by the Trump Administration have created a climate of fear among international students, to the detriment of not just our colleges and universities but the economy as a whole. This decision is one step in ensuring the United States remains an attractive destination for the world’s best and brightest international students to pursue their studies.”
 
GoffWilson Immigration Law
 
GoffWilson has decades of experience solely practicing immigration law. Over the years, we’ve represented numerous colleges, universities, research institutions, hospitals, and individuals. If you have a question about this recent ruling, unlawful presence, or any other immigration matter, contact us today—immigration isn’t just what we do, it’s our passion.
 
Filed under:Immigration Law

I-9 Workshop Postponed

3/12/2020
Share |

As the COVID-19 (coronavirus) situation continues to develop, our primary concern remains the health and safety of attendees as well as everyone in our community. At this time, we have determined that it is in the best interests of all those that have registered or were planning to do so for our I-9 Workshop scheduled for April 9, 2020, to be postponed until the COVID-19 is no longer a concern. All those that have registered will be notified once the new date has been established which will be as soon as practical. Thank you for your understanding.
Filed under:HR Events, Seminar

GoffWilson: A Helpful Hand in Uncertain Times

3/24/2020
Share |

COVID-19 (also known as the coronavirus) has upended the lives of millions of people in the U.S. and across the world—affecting everything from schools to sports. Even Tax Day has been pushed back. Like other government services, the United States Citizenship and Immigration Service (USCIS) has made changes to normal operating procedures in response to COVID-19, and there is a high probability we’ll see more in the coming days and weeks. We’re here to help by providing the information you need.  
 
In times of uncertainty like these—with dates, policies, and regulations in flux—we expect everyone has a lot of questions. We’re deeply committed to keeping everyone updated with the latest immigration happenings through our Blawg, or directly via phone and email. With that in mind, here are a few recent USCIS changes to be aware of.
 
Temporary Suspension of Premium Processing for All I-129 and I-140 Petitions  
 
Effective as of March 20, USCIS has suspended premium processing service for all Form I-129 and I-140 petitions until further notice. This suspension includes petitions filed for the following categories:
 
  • I-129: E-1, E-2, H-1B, H-2B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, R-1, TN-1, and TN-2
  • I-140: EB-1, EB-2, and EB-3
 
Any applications submitted to USCIS for premium processing that were accepted before March 20 will get processed within the premium processing service criteria. Applications received on March 20 or later will not get processed within the 15-calendar-day period and the $1,440 filing fee will get refunded. As of this writing, USCIS has not yet confirmed when premium processing for I-129 and I-140 petitions will resume. 
 
Flexibility in Submitting Required Signatures
 
Another change to normal USCIS protocol is that for all petitions dated March 21, 2020, and beyond, a reproduced original signature is acceptable for all applications and documents—this includes forms that require an original “wet” signature, per their instructions (such as Form I-129, Petition for Nonimmigrant Worker). The change in signature policy will last for the duration of the National Emergency.
 
According to the announcement, USCIS will accept documents that have been “scanned, faxed, photocopied, or similarly reproduced provided that the copy must be of an original document containing an original handwritten signature.” Note, it’s vital to retain copies of the original documents with “wet” signatures, as USCIS may later request the original documents. Failure to produce the original documents with “wet” signatures could have negative consequences. 
 
GoffWilson Immigration Law
 
At GoffWilson we like to say, “immigration isn’t just what we do, it’s our passion”—and in unsettled times, we want to provide a steadying hand to the immigrant community, along with the businesses dependent on their contributions. We are a resource, so please reach out if you need help.
Filed under:Immigration Law

I-9 in the Age of COVID-19

4/7/2020
Share |

So many things have changed during the coronavirus pandemic, from social distancing and stay-at-home/shelter-in-place orders to many businesses transitioning to remote work—and the handling of Form I-9 has changed as well. In response to the current situation, the Department of Homeland Security (DHS) recently announced an increase in flexibility regarding I-9 requirements. 
 
Changes in I-9 Protocol 
 
First and foremost, it’s extremely important to note that an employee must complete Section 1 of Form I-9 by the end of their first day of employment—there is no change to this requirement. Likewise, if an employee is physically at the place of employment, there are no changes to the requirement for Section 2—it must be completed within three days of the employee’s hire date. 
 
However, employers with remote workplaces may inspect the work authorizations necessary for the completion of Section 2 through video link, fax, email, or another format. When completing Section 2 remotely, it still needs to be completed within the same three-day period following the date of hire and the employer is required to retain copies of the Section 2 documentation. When completing Section 2 remotely, employers must enter “COVID-19” in the Additional Information section. 
 
A physical inspection of the documents is still required and it’s imperative this is done within three days when business returns to normal operation. At that time, the date the physical inspection is made must get recorded in the Additional Information field—the DHS suggests marking “documents physically examined.” Additionally, the date of the original inspection of the documentation and the initials of the person who performed it should be present in the Additional Information section. 
 
Other I-9 Items
 
Many of the “relaxed” regulations of Section 2 also apply to Section 3, Reverification and Rehires. According to the “relaxed” regulations, if an employee presents an expired document, but the document’s expiration has been extended, this would qualify as a List B document. For example, an expired driver’s license is an acceptable List B document, provided its expiration date was extended by the issuing state. If an employer encounters this situation, they’re advised to attach a copy of the rule that allows this. 
 
GoffWilson and I-9
 
GoffWilson is a leader in Form I-9 training and compliance and has been assisting businesses to remain in compliance for decades. During these ever-changing and uncertain times, we’re committed to being a resource for our business community. If you have any questions about what the current changes to I-9 protocol mean for you or your business, contact GoffWilson today. We will schedule our next I-9 training seminar as soon as we can, hopefully later this summer. Check back with us for any updates on that!
 
Filed under:Form I-9 Compliance, Immigration Law

The White House Immigration Proclamation: The Invisible Wall

4/24/2020
Share |

On Wednesday, April 22, 2020, President Trump signed a proclamation suspending the entry of certain legal immigrants for 60 days, effective as of April 23. Although the order is only effective for 60 days, there is the potential for it to get extended. Researchers at the Migration Policy Institute (MPI)—a non-partisan think tank working to improve immigration and integration policies—estimated that 52,000 individuals will lose their chance at a green card over the proclamation’s initial time span. Furthermore, the MPI approximates that if the proclamation were to remain in place for a year it could affect as many as 350,000 green card-seeking immigrants, about a third of the roughly one million foreign nationals that obtain lawful permanent residence annually. 
 
Who is Affected By the Immigration Proclamation?
 
The people primarily impacted by this order are immigrants who are currently outside of the United States and seeking to obtain a visa for lawful residence; it does not apply to immigrants currently in the U.S. Those in the U.S. on employment-based visas are unlikely to be directly affected. However, family immigration to the U.S. is essentially eliminated for everyone but spouses and children (under age 21) of U.S. citizens for as long as the order remains in place. It also pauses the diversity lottery. According to the Department of Homeland Security (DHS), about 45% of the approximately one million immigrants that obtained permanent residence last year entered as new arrivals. 
 
For example, a foreign national with a spouse who is a U.S. citizen is still eligible to apply for a green card. Also able to receive an immigrant visa or green card is any child (under age 21) of a U.S. citizen. Who isn’t able to receive a visa per the proclamation is the parents of that U.S. citizen. Conversely, the proclamation prohibits a resident alien from obtaining a visa for their spouse.
 
Exceptions to the Immigration Proclamation
 
While the scope of the White House’s immigration order is broad, there are a considerable number of exceptions. Those not impacted by the proclamation include lawful permanent residents, certain investors (EB-5), members of the military and their families, those deemed to be in the national interest, those assisting law enforcement, and immigrants who obtained permanent residence through asylum and refugee programs. 
 
Also excluded from the proclamation are foreign nationals seeking to enter on an immigrant visa as a physician, nurse, or other healthcare professional working to alleviate the effects of COVID-19. This is particularly important, as the more than three million immigrants working in healthcare fill one in four positions in the field. 
 
Temporary Workers and the Immigration Proclamation
 
Foreign nationals participating in guest worker programs such as the H-1B and L-1—visas that allow high-skilled workers, students, and agricultural labor to stay in the U.S. for a limited amount of time—are not immediately affected by the proclamation. If you are working in the U.S. on a visa like the H or L, once your green card application is filed we advise you to stay in the U.S. until Advanced Parole is secured. 
 
Other non-Immigrant visa holders not affected by the recent proclamation include O, P, TN, B, E, H-2A, H-2B, F-1, and all other temporary visas. If you possess a temporary visa and are traveling outside of the U.S., you should not have a problem re-entering the country; however, we suggest carrying copies of your last several paychecks and a letter verifying your employment from your employer with you. 
 
It’s important to note that after 30 days, the Secretary of Labor, Secretary of Homeland, and Secretary of State will review the nation’s  nonimmigrant programs and recommend measures to “stimulate the U.S. economy and ensure the prioritization, hiring and employment of United States workers.” Consequently, restrictions for temporary workers are potentially looming in the near future. 
 
The Importance of Immigrants
 
On the immigration order, Trump said, “Americans of all backgrounds will be first in line for jobs as our economy reopens, and crucially it also preserves healthcare resources for our patients.” However, this view is flawed according to a National Foundation for American Policy study which states: “The results of the state-level analysis indicate that immigration does not increase U.S. natives’ unemployment or reduce their labor force participation… Instead, having more immigrants reduces the unemployment rate and raises the labor force participation rate of U.S. natives within the same sex and education group.” 
 
While the White House’s proclamation will have an enormous impact on immigrants, it will make a miniscule amount of difference on unemployment. The 52,000 immigrants affected by this represent an infinitesimally small percentage of the 26 million Americans currently out of work.
 
GoffWilson 
 
A lot remains uncertain about the recent immigration proclamation—it’s likely to get challenged in court and even if it stays in place, the future of guest worker programs and overall duration of the order remains in flux. GoffWilson solely practices immigration law and is closely monitoring the proclamation. With over three decades of experience practicing immigration law, GoffWilson is your go-to resource in times like these. If you have any questions about your status, the status of an employee, or need clarification of this order, contact us today!
 
Filed under:Immigration Law

An Up-to-Date Immigration Resource

4/29/2020
Share |

 

Immigration laws are constantly in flux; for example, just the other day, the United States Citizenship and Immigration Service (USCIS) updated M-274, Handbook for Employers: Guidance for Completing Form I-9—an essential reference for maintaining I-9 compliance—and it’s vital that deadlines, requirements, and protocols are met.
 
With this in mind, GoffWilson is continuously updating the employer, employee, and family resource pages of our website, along with our blawg, to ensure our clients have access to the most up-to-date forms and information available. Of course, immigration law is complex and ever-evolving, if you find yourself unable to find the answer you’re searching for, our attorneys are here to help. 
 
At GoffWilson, immigration isn’t just what we do, it’s our passion. With decades of experience solely practicing immigration law, GoffWilson is an invaluable resource for the immigrant community and the businesses that depend on their contributions. If you have any questions about what the updated M-274 Handbook means for your business, or any other immigration-related questions, contact GoffWilson today.
Filed under:Immigration Law

USCIS Updates its Temporary Policy for List B Documents

5/4/2020
Share |

Even during normal times, immigration law is complex and ever-changing. In the COVID-19 age, laws and protocols are constantly being developed to adapt to the challenges facing employers and in accordance with government dictums. As a leader in immigration law, GoffWilson is continuously updating the Resources section of its website to keep clients and interested parties informed with the most current information available. 
 
One recent update to know about is the United States Citizenship and Immigration Services’ (USCIS) COVID-19 Temporary Policy for List B Identity Documents, which offers guidance for the temporary acceptance of expired List B documents during the COVID-19 pandemic.
 
This policy is in response to the difficulty many people may have renewing state driver’s licenses, ID cards, and other included List B documentation because of stay-at-home orders and online renewal restrictions. Under this policy, beginning May 1, List B identity documents set to expire on March 1, 2020, or after are valid as an acceptable document for Form I-9 purposes. 
 
Employers need to enter the word “COVID-19” in the Additional Information Field. The employee is required to present a valid—unexpired—document to replace the expired one within 90 days after the USCIS terminates the temporary policy. When presented with an unexpired document, employers should record the document information in Additional Information, Section 2 under List B, along with initialing and dating the change. 
 
GoffWilson Immigration Law is committed to being a reliable resource to the immigrant community and the employers, organizations, and committees that support them during these uncertain times. Stay up to date with the latest immigration news, forms, and guidance on the Resource page of our website and make sure to follow our blawg. If you have a question you’re struggling to answer yourself, contact GoffWilson today. Immigration isn’t just what we do, it’s our passion.
 

Filed under:Form I-9 Compliance, Immigration Law

The USCIS Announces Office Reopenings

6/3/2020
Share |

United States Citizenship and Immigration Services (USCIS) announced that it will begin reopening certain field and asylum offices and resume non-emergency, in-person services on June 4th. The reopening is a fluid situation and USCIS is encouraging visitors to check their office closures webpage on the day of their appointment in the event of an office closure or temporary change of hours. 
 
Increased Health Precautions 
 
USCIS is taking steps to increase the safety of office visitors and working to prevent the spread of COVID-19 through their reopened offices. With this in mind, visitors may not enter a USCIS facility if they have symptoms of COVID-19—such as coughing, fever, or difficulty breathing—have been in contact with anyone known or suspected of having COVID-19 in the past 14 days, or have been directed by a healthcare provider or public health official to self-quarantine or self-isolate within the past 14 days. 
 
Other safety precautions being taken by USCIS include: 
 
  • Visitors may not enter a facility more than 15 minutes before their appointment and 30 minutes before naturalization ceremonies 
  • Hand sanitizer is provided at entry points 
  • Visitors are required to wear a face covering that encloses both the mouth and nose; however, they may be asked to briefly remove their covering to confirm their identity or to take their photograph
  • Establishment of signs and barriers to ensure social distancing guidelines are followed
  • Visitors are encouraged to bring their own black- or blue-ink pens 
 
USCIS Interviews and Appointments
 
Applicants and petitioners who had previously scheduled appointments and interviews disrupted by COVID-19 closures will receive notices from USCIS. Those who had other appointments must reschedule through the USCIS Contact Center. In addition to the aforementioned precautions, there are additional health measures visitors attending in-person interviews and appointments must follow: 
 
  • Visitors are limited to the applicant, one representative, one family member, and one individual providing disability accommodations
  • If an interpreter is required, the applicant must arrange to have their interpreter available by phone
 
Naturalization Ceremonies
 
USCIS is sending notices to applicants to reschedule postponed naturalization ceremonies. Naturalization ceremonies will be adapted to promote the health and well-being of attendees. Changes include: 
 
  • Ceremonies will be shorter in length
  • In place of playing videos at ceremonies, attendees will receive flyers with information and links directing them to videos on the USCIS website
  • Attendance is limited to the naturalization candidate and individuals providing assistance to disabled persons
 
GoffWilson Immigration Law 
 
As USCIS begins to reopen, GoffWilson remains a resource to the immigrant community and employers, organizations, and committees that support them. We will continue to post current information on our blawg and keep our resource center up to date with the latest forms and guidance. If you have a question or simply need one-on-one assistance, contact GoffWilson today. Immigration isn’t just what we do, it’s our passion!
 
Filed under:

The Trump Administration Continues Restrictions to Legal Immigration

6/24/2020
Share |
 
 
The Trump administration took another step to limit legal immigration in the U.S. this week when the President signed the Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak, which halts a variety of visas for foreign-born workers and their dependents from June 24 through December 31, 2020.

Which Visas are Affected?

The proclamation suspends the issuance of the following temporary employment visas:
  • H-1B: Individuals in “specialty occupations” 
  • H-2B: Temporary, seasonal labor in non-agricultural industries
  • L-1A:  Managers and executives from companies operating in the U.S. 
  • L-1B: Employees from companies operating inside the U.S. with specialized knowledge 
  • J-1 (certain): Those coming to the U.S. to teach, study, conduct research, demonstrate special skills, or receive on-the-job training
The proclamation also suspends corresponding visa types such as the H-4 (given to the spouse of an H-1B visa holder) and the L-2 (for the spouses of L-1A and L-1B visa holders).  
 
Unfortunately for many foreign nationals with plans to work in the U.S. on these visas, they’ll likely be unable to enter the U.S. until the end of the year, unless they obtain a waiver or a court intervenes.  

Who is Exempt?

There are some temporary work visas that are exempt from the recent proclamation. The three most notable exceptions are J-1 visas for physicians, foreign nationals essential to the food supply (such as H-2B workers employed in seafood or food processing), and the spouses and children of U.S. citizens. Other exempt visa categories include O-1, E-2, E-3, P, H-1B1, and TN. Another noteworthy absence from the list of impacted visas is the H-2A, which is used to hire foreign, temporary agricultural workers. 
 
The order also grants the Secretary of State and acting Secretary of Homeland Security the power to admit anyone who is determined to be in the national interest. For example, researchers working on diagnosing, preventing, and treating COVID-19; clinical care workers; and those critical to national security. 
 
Lastly, the proclamation does not affect existing visa holders, those who have applied for status changes or stay extensions, and those who are visa-exempt. 

Preceding Proclamation

The recent order also extends through the end of the year the Trump administration’s April 22, 2020 Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak, which paused issuing green cards to applicants outside of the U.S. For a more detailed expansion of the previous proclamation, read our blawg The White House Immigration Proclamation: The Invisible Wall.

Tightening Regulations 

The proclamation also orders a review of the country’s nonimmigrant programs such as the H-1B visa—a long-time target of the Trump administration—making it likely that tougher standards and increased restrictions will be proposed.

GoffWilson Immigration Law

GoffWilson is an ally of immigrants and employers—we’re monitoring the proclamation closely to best advise everyone affected by it. We’ll post updated information and guidance as we learn more. For over 30 years, we’ve proudly practiced immigration law and we are here to answer any questions about how you, your employer, or your business is affected by the recent immigration proclamation. Contact GoffWilson today—immigration isn’t just what we do, it’s our passion! 
Filed under:H-1B Visa, Immigration Law, J-1 Visa

Temporary COVID-19 Form I-9 Policies Continue

7/1/2020
Share |

The U.S. Department of Homeland Security (DHS) announced it will extend the remote I-9 policy—with further extensions possible—that was implemented in March. The policy allows flexibility in the completion of Form I-9 for employers and employees affected by the COVID-19 pandemic, the details of which we covered thoroughly in our blawg, “I-9 in the Age of COVID-19.”
 

Guidance on Processing Form I-9 

In addition to the extension of the remote I-9 policy, the DHS has provided updated guidance on how to remotely process I-9s and handle identity documents, as well as the procedure for the physical inspection required at a later day. They also published Form I-9 examples demonstrating how employers should complete and update the form upon reopening. The examples show how to:
 
The published I-9 examples specifically cover how an employer should:
  • Complete Section 2 remotely
  • Update the I-9 when normal operations resume
  • Proceed if the person who performed the remote inspection cannot also perform the physical inspection
  • Properly enter an expired-but-extended List B document in Section 2
  • Update Section 2 once the employee presents the renewed, unexpired document when normal operations resume

GoffWilson Immigration Law

We encourage employers to review the published examples and use them as guidance when completing/updating Forms I-9 for affected employees. GoffWilson has decades of experience in I-9 compliance and is a go-to resource for any Form I-9/E-Verify questions. Contact us today for assistance.

Filed under:Form I-9 Compliance, Immigration Law

White House Rescinds Rule Restricting International Students from Studying Online

7/15/2020
Share |


 

On Tuesday, the Trump administration rescinded a policy that would have forced international students on F-1 and M-1 visas to either leave the U.S. or transfer to another school if their classes are held entirely online in the fall. The decision to revert back to a March guidance—which allows for flexibility during the coronavirus pandemic—was made as the administration faced eight federal lawsuits and intense opposition from entities such as cities, states, and colleges and universities.
 

Ordered Back to Class 

 
The policy directive reversed on Tuesday was only issued by Immigration and Customs Enforcement (ICE) a little over a week ago, on July 6. The guidance was immediately met with resistance—students expressed concern that it failed to consider their well being and colleges and universities were sent scrambling to readjust their fall plans, many of which were the result of months of preparation. In a statement to students, Harvard President Larry Bacow said that the policy “came down without notice—its cruelty surpassed only by its recklessness.”
 

What the Rescission Means for International Students 

 
For the moment, international students on F-1 and M-1 visas are able to study in the U.S. even if the institution they’re attending has moved exclusively online as the result of the pandemic. This is in line with the temporary suspension limiting online education available to international students instituted in March. While students and institutions of higher education can breathe a sigh of relief for the moment, it’s important to note that there is nothing to stop the administration from trying again with another directive. 
 

Opposition from Harvard & MIT 

 
The administration’s abandonment of their planned policy comes in response to a federal lawsuit brought by Harvard and MIT. While the two Boston-area schools were the first to challenge the policy, they were not alone; more than 200 universities signed briefs backing the legal challenge. According to Larry Bacow, “The ICE directive sought to force each of us to choose between the health of our communities and the education of our international students—a false and dangerous choice which we rejected.”
 
The administration’s walking back of their policy was applauded by the American Council on Education (ACE), a group that represents university presidents. Terry Hartle, ACE’s senior vice president said about the collective disapproval of the guidance by the college community, “There has never been a case where so many institutions sued the federal government.” 
 

Additional Opposition

 
Colleges and universities were joined in their objection to the policy by a coalition of 17 states and the District of Columbia, who collectively filed another federal lawsuit against the administration calling the policy “a cruel, abrupt, and unlawful action to expel international students.” 
 
The coalition of states represents a broad swath of the U.S., including states on both coasts and the midwest. The states in the coalition were: 
 
  • Connecticut
  • Maryland
  • Illinois
  • Pennsylvania
  • Virginia
  • Nevada
  • Massachusetts
  • Minnesota
  • New Jersey
  • Colorado
  • Delaware
  • Oregon
  • New Mexico
  • Rhode Island
  • Wisconsin
  • Vermont
  • Michigan
 
There are also 26 cities and counties that were vocal about their disapproval of the White House’s policy, voicing concern over the damage it will do to their economies. The cities range from major metropolises like New York City—where international students contribute $3 billion per year to its economy—to more average American cities such as Iowa City, whose 2,500 international students contribute millions of dollars per year. 
 
Briefs supporting the Harvard and MIT lawsuit were also filed by the U.S. Chamber of Commerce along with companies including Facebook, Google, and Microsoft.
 

GoffWilson Immigration Law

 
GoffWilson exclusively practices immigration law and has helped numerous colleges and universities bring the world’s brightest minds to their campuses. If you have a question about what the latest policy directive means for your institution or have any other inquiries about international students, contact us today. Immigration isn’t just what we do, it’s our passion!
Filed under:Immigration Law

ICE Extends I-9 Flexibility

7/21/2020
Share |

Last week, the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) announced the extension of the guidance increasing flexibility in I-9 compliance and relaxing in-person verification requirements. This marks the third time the policy, which was established in late March, has been extended—preceding this action, it had been extended for 30 days on May 19 and another 30 days on June 19. For the moment, the policy is slated to run through August 19. 
 

I-9 Extension and Employers

 
The extension of the guidance applies to employers operating 100% remotely as a result of the coronavirus pandemic. It also covers newly hired and existing employees who are subject to quarantine or lockdown protocols. Our blawg, I-9 in the Age of COVID-19, thoroughly explains the details of the original DHS and ICE guidance. 
 

What’s New in the Extension

 
While the announcement extended the increased I-9 flexibility, it ended ICE’s policy granting extensions to employers who were served notices of inspections (NOIs). Prior to the recent announcement, employers served with NOIs were granted an additional 30 days to respond.  
 

The Extension Going Forward 

 
As previously stated, this extension is set to expire on August 19. Over that time, DHS and ICE will monitor the pandemic and provide updated guidance when necessary. Employers are required to monitor both the DHS and ICE websites for when normal operations will resume. Another website to keep current on is GoffWilson.com.  
 

GoffWilson Immigration Law

 
GoffWilson is committed to being a go-to resource for the immigrant community and those who employ and support them. We regularly update the resources page of our website to ensure easy access to the most recent forms, while our blawg is a reliable source for keeping informed of the latest in immigration law. 
 
Immigration law is a complex and ever-changing field, which can leave many businesses flustered. If you have questions about the latest extension or any other immigration subject, contact GoffWilson today. Immigration isn’t just what we do, it’s our passion!
Filed under:Form I-9 Compliance, Immigration Law

I-9 Flexibility Extended an Additional 30 Days

8/20/2020
Share |
 
On August 19, 2020, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced another extension of their increased flexibility with I-9 compliance in response to COVID-19. Originally announced at the end of March, the guidance, which was set to expire on August 18, will now run through September 19. 
 

Employers Affected 

 
The increased I-9 flexibility guidance only applies to workplaces that are operating remotely and allows these businesses to perform a virtual inspection of documents via video call, email, or fax rather than the traditional in-person document review. Employers should take care to follow the updated DHS recommendations for virtually processing I-9s that were released when the guidance was extended in July; details can be found in our blawg, Temporary COVID-19 Form I-9 Policies Continue. 
 
It’s important to note that the extension only applies to employers operating entirely remotely. If a claim to an exception is nuanced—for example, the executive team is working on-site but the support staff is working virtually—it’s important to discuss with counsel before taking any I-9 action. 
 

Temporary Flexibility for Certain I-9 Requirements  

 
The United States Citizenship and Immigration Service (USCIS) also announced that employers are permitted to accept Form I-797 Notice of Action showing approval of an Employment Authorization Document (EAD) (Form I-765) as a List C employment authorization document for Form I-9 compliance. This change is the result of a delay in the production of certain Employment Authorization Documents (Form I-766, EAD). 
 
Important takeaways include: 
 
  • Form I-797 is acceptable to show approval of an EAD application—as a List C document—between December 1, 2019, and August 20, 2020 
  • Employers must re-verify employees who use Form I-797 as a List C document by December 1, 2020 
  • Form I-797 doesn’t prove identity and cannot serve as a List A or List B document 
 
USCIS is encouraging employers to accept new EADs from employees as soon as they receive them in advance of the December 1 deadline. 
 

I-9 Uncertainty 

 
There is a great deal of flux in I-9 compliance at the moment, making long-term planning difficult. Both DHS and ICE encourage employers to monitor their websites for updates about extensions and the resumption of normal operations. This leaves open the possibility of increased I-9 flexibility ending abruptly. It’s also just as likely that the guidance will be extended again on September 19, as it has already been multiple times. 

When the guidance ends and “normal” business operations resume, employers will have just three days to make a physical inspection of documents and DHS and ICE have given no indication that they will relax their timelines. This makes it vital that employers have a plan in place for resuming “regular” operations. 
 

GoffWilson Immigration Law 

 
GoffWilson has long been a leader in I-9 compliance—routinely holding seminars and training along with performing rigorous company audits. If you have a question about how your business should proceed to process I-9s in the current environment, or would like to develop a strategy for the reinstitution of pre-COVID I-9 compliance, we can help. Contact GoffWilson today—immigration isn’t just what we do, it’s our passion!
Filed under:Form I-9 Compliance, Immigration Law

I-9 Flexibility Extended Once Again

9/16/2020
Share |
 
In March, at the outset of COVID-19, the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) announced a host of temporary changes to I-9 compliance to accommodate the stay-at-home orders and dramatic shift to remote work brought by the coronavirus pandemic. GoffWilson has detailed the announcement and its extensions extensively on our blog: 
 
 
On September 15, DHS and ICE announced an extension of the flexibility of I-9 requirements for another 60 days, pushing the expiration date to November 19, 2020.
 

What You Need Know 

 
The most notable aspect of this extension is that it pertains solely to employers and workplaces that are operating remotely. Under the guidance, employers operating remotely are able to inspect Section 2 documents over video, fax, email, or other formats—noting “COVID-19” in the Additional Information section. 
 
When “normal” operations resume, employers have three days to make a physical inspection of Section 2 documents and should write “physically examined” with the date of inspection in the field for Additional Information. 
 
It’s important to note that employers who have employees physically present at their places of business are excluded from this flexibility and must verify employment eligibility documentation in person. 
 

Moving Forward 

 
DHS is monitoring the current situation and will continue to update this guidance as necessary; they encourage employers to monitor both the DHS and ICE websites for updates on when they will terminate the extension and when normal options will resume. The situation is fluid and it’s difficult to predict what will happen going forward—the announcement has already been extended multiple times. 
 
Regardless of whether or not the announcement is extended again in November, it is vital that your business have a strategy for resuming “normal” operations. Neither DHS nor ICE have given any indication that they’ll be anything but rigid when it comes to timelines at the conclusion of this guidance. 
 

GoffWilson Immigration Law 

 
For more than 30 years, GoffWilson has been the go-to resource for I-9 compliance, providing everything from comprehensive company audits to training workshops, along with annually holding public training seminars. If your business needs help instituting a post-COVID strategy, or wants to take a preemptive compliance measure such as performing a self-audit, contact GoffWilson today. Immigration isn’t just what we do, it’s our passion.

Filed under:E-Verify, Form I-9 Compliance, Immigration Law

Federal Judge Blocks Big Hikes in Immigration Fees

10/2/2020
Share |

 
A federal judge has temporarily blocked the U.S. Citizenship and Immigration Services’ (USCIS) increase in fees (more than 80% in some cases)—targeting individuals wanting to immigrate to and become citizens of the United States—that were slated to go into effect on October 2, 2020. 
 

Increase immigration Fees

 
The most significant issue that immigration advocates have with the USCIS rule was the proposed fee hikes, which were both sweeping and steep. Below are some of the notable price changes, along with the percentage of the increase:
 
  • H-1B visa: $460 to $555 (+21%)
  • L visa: $460 to $805 (+75%)
  • O visa:$460 to $705, (+53%)
  • P visa: $460 to $695 (+51%)
 
The cost of other visa petitions such as those for TN, E, Q, and R visas are also all marked for increases greater than 50%. Additionally, the USCIS rule seeks to impose higher fees on companies with more than 50 employees with at least 50% of their workforce in H-1B and L-1 status by imposing an additional $4,000 fee on extensions. 
 
Immigrants wanting to become U.S. citizens are not immune from the price hike; naturalization application fees would soar from $640 to $1,160—more than an 80% increase. For context, the last time the fees for naturalization rose was in 2016, when they went up roughly 20%. 
 

Setting the U.S. Apart

 
Seemingly no immigrant group would be exempted by the cost increases—the rule would also establish a $50 charge to individuals applying for asylum, as well as begin charging asylum applicants $490 for employment authorization documents (EAD), something which is currently free. This change would make the United States one of the few countries in the world to charge a fee to asylum seekers. 
 

Longer Premium Processing Times and Higher Costs 

 
The other notable proposed change halted by the block is longer premium processing times, as the USCIS would have begun processing cases within 15 business days, as opposed to the current 15 calendar days it currently operates within. Additionally, under the stopped USCIS rule, premium processing fees on services other than H-2B and R-1 petitions are slated to jump from $1,440 to $2,500. 
 

The Reason for the Increase in Fees 

 
USCIS is a fee-funded agency, meaning that a considerable portion of their funding comes from the fees it collects. The reasons for the shortfall of funding are up for debate; some cite the substantial decline in immigration applications that has resulted due to the coronavirus pandemic, while others argue that the White House’s restrictive immigration policies and anti-immigrant rhetoric, along with increased costs from their more intense application processing is responsible for the shrinking revenue. 
 
The lack of funding has forced USCIS to make spending cuts and the department has made repeated threats of furloughing a large portion of their workforce.  
 

The Ruling 

 
U.S. District Judge Jeffrey S. White (who was appointed by President George W. Bush) issued a preliminary injunction of the USCIS rule, finding numerous flaws in it—most notably, USCIS’s failure to sufficiently justify the large fee increases and failure to take into account the impact the significant fee increases will have. Judge Jeffrey White also questions the legitimacy of the acting secretary of the Department of Homeland Security, Chad Wolf, as he was potentially unlawfully appointed and never confirmed by the Senate. 
 

What this Ruling Means

 
It’s always difficult to predict exactly how these rulings will translate. In the short-term, Judge White’s ruling halts the massive fee increases which is a win for immigrants in, and hoping to come to, the U.S. On the negative side, it could mean that USCIS follows through on furloughing employees, which will lead to longer processing times. 
 
In the long-term, the court striking down the legitimacy of the acting secretary of the DHS could have a ripple effect on the policies enacted under his watch, which could theoretically undo a considerable amount of the Trump administration’s immigration policies put in place over the past year and half. 
 

GoffWilson Immigration Law

 
If you’re interested in learning what this ruling means for you, your family, or your business, contact GoffWilson today. For example, fee hikes are likely coming and those who act early might save a sizable amount of money. Solely practicing immigration law, GoffWilson is uniquely qualified to help you navigate the complex and ever-changing U.S. immigration laws and develop an immigration strategy tailored to your personal needs. At GoffWilson, immigration isn’t just what we do, it’s our passion.
Filed under:Immigration Law

H-1B Visa Changes Are on the Way

10/23/2020
Share |

The Department of Homeland Security (DHS) has published regulatory changes that further restrict H-1B visa eligibility. The changes are set to take effect on December 7, 2020, although they’re already facing challenges in court. Some of the key changes are:
 

Specialty Occupation

 
The rule changes the definition of a “specialty occupation” and now requires a direct relationship between the degree field(s) and the duties of the position. General degrees, such as engineering or business, without further specialization or explanation, are no longer sufficient. In cases involving degrees in multiple and dissimilar fields of study, petitioners must demonstrate how each field provides specialized knowledge and is directly related to the position. Petitioners must establish that a bachelor’s degree in a specific specialty is a minimum requirement for entry into the occupation in the U.S. by establishing that: 
 
  • The required degree is always the requirement for the occupation as a whole;
  • The required degree is always the requirement within the relevant industry;
  • The required degree is always the petitioner’s requirement for the position; or
  • The specific duties of the position are so specialized, complex, or unique that the required degree is necessarily required to perform these duties.
 

Third-Party Worksites

 
The rule adds specific definitions of “worksite” and “third-party worksite” and sets a one-year maximum validity period for all H-1B petitions in which the beneficiary will be working at a third-party worksite. A worksite is now defined as “the physical location where the work is actually performed by the H-1B nonimmigrant.” A third-party worksite is now defined as “a worksite, other than the beneficiary’s residence in the United States, that is not owned or leased, and not operated, by the petitioner.” 
 

Employer-Employee Relationship

 
The rule also changes the definitions of “United States employer” and “employer-employee relationship.” Specifically, a U.S. employer is defined as a person, firm, corporation, company, or other association or organization in the United States which: 
 
  • Engages the beneficiary to work within the U.S., and has a bona fide offer for the beneficiary;
  • Has an employer-employee relationship with respect to employees under this part; and
  • Has an Internal Revenue Service Tax identification number.
 
The employer-employee relationship is defined to be the “conventional master-servant relationship as understood by common-law agency doctrine” and is to be evaluated by USCIS through a list of eleven factors. A petitioner must also provide corroborating evidence of work in a specialty occupation at the time of filing.
 

Site Visits

 
The rule states the authority of USCIS to conduct H-1B site visits and describes the scope of inspections, which may include the petitioner’s headquarters, satellite locations, or the location where the beneficiary works or will work, including third-party worksites. The rule also specifies that failure or refusal to cooperate with a site visit may be grounds for denial or revocation of any H-1B petition for the location(s) which are a subject of inspection.
 
Contact GoffWilson today to prepare yourself and your employees for these regulatory changes. GoffWilson solely practices immigration law and is an ideal partner for navigating complex and ever-changing immigration laws.

Filed under:H-1B Visa, Immigration Law, Worksite Enforcement

I-9 Flexibility Extended Until the New Year

11/19/2020
Share |
 
Happy holidays to employers and workplaces operating remotely due to the COVID-19 pandemic—the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) have extended their guidance allowing increased I-9 flexibility through December 31, 2020.
 
Through the guidance, workplaces functioning remotely are allowed to inspect Section 2 documents over video, fax, email, or other formats. 
 

Increased I-9 Flexibility During COVID-19 

 
The policy was originally enacted on March 20, 2020, and was scheduled to expire after 60 days. Since its announcement of the guidance, DHS has extended it six times (including this most recent extension). The last time the guidance was revisited was September 19, 2020, when DHS extended the policy for an additional 60 days, having it run through November 19, 2020. 
 
GoffWilson has rigorously detailed the policy and its extension over this period of time on our blawg: 
 

Who The Guidance Applies To 


Increased I-9 flexibility only applies to employers and businesses that are operating remotely. Businesses with employees physically present at the workplace do not qualify for these exceptions and must follow the normal rules and regulations to remain in compliance. 

Eligible employers taking advantage of this guidance will want to note, under the current policy, when “normal operations” resume, they’ll have just three days to verify the employment eligibility in-person of any employee onboarded remotely.
 

Looking Ahead at I-9s

 
It’s hard to predict how long employers can anticipate the increase in I-9 flexibility to last, especially given the number of times it has already been extended. It’s similarly difficult to anticipate how DHS and ICE will resume “normal operations.”  
 

GoffWilson Immigration Law  

 
Solely practicing immigration law, GoffWilson can provide businesses with clarity, help them to develop a proactive plan (for the present and future), and remain in compliance when dealing with fluid regulations such as the guidance on increased I-9 flexibility. GoffWilson is a partner to businesses operating globally and a valuable resource for staying current on complex and ever-changing immigration law. Contact GoffWilson today—immigration isn’t just what we do, it’s our passion!
Filed under:Form I-9 Compliance, Immigration Law

DHS Extends TPS for Six Countries

12/8/2020
Share |

The Department of Homeland Security (DHS) recently announced in a Federal Register Notice that it will comply with a series of court orders and injunctions by extending the Temporary Protected Status (TPS) of beneficiaries from six countries for nine months. The six countries covered are:
  • El Salvador
  • Haiti
  • Honduras
  • Nepal
  • Nicaragua
  • Sudan
TPS status was set to expire for those from the aforementioned countries on January 2, 2021, and coverage will now continue to October 4, 2021. 
 

What is TPS?

 
TPS provides a safe haven in the U.S. for foreign nationals escaping from countries experiencing armed conflicts, natural disasters, and other events who may not qualify for asylum and for whom potentially dangerous situations in their home countries makes them disinclined to return. TPS allows recipients to live and work in the U.S., but it does not provide a path to permanent residence. The Secretary of the DHS must periodically review TSP status and can choose to extend it for periods of six to 18 months if conditions in the country continue to meet the requirements for designation. 
 

What the TPS Extension Means for Employers 

 
The Federal Register Notice automatically extends the expiration of all TPS-related documentation for the six covered countries through October 4, 2021. This documentation includes:
  • Employment Authorization Documents (EADs)
  • Forms I-797
  • Notices of Action 
  • Forms I-94
  • Arrival/Departure Records
More simply, the order allows covered individuals to live and work in the U.S. for the next nine months. It also spans through the Trump presidency and into President-elect Biden’s time in office. President-elect Biden has vowed to not return TPS recipients to unsafe countries.
 
Use the chart below to determine which documents a current TPS beneficiary may present, along with the new expiration date of their automatically extended EAD. 
 
If the employee’s EAD has
category code of A-12 or C-19
and a Card Expires date of:
Enter the new expiration date of
the employee’s automatically
extended EAD on Form I-9:
You must reverify the
employee before they
start work on:
07/22/2017 10/04/2021 10/05/2021
11/02/2017 10/04/2021 10/05/2021
01/05/2018 10/04/2021 10/05/2021
01/22/2018 10/04/2021 10/05/2021
03/09/2018 10/04/2021 10/05/2021
06/24/2018 10/04/2021 10/05/2021
07/05/2018 10/04/2021 10/05/2021
11/02/2018 10/04/2021 10/05/2021
01/05/2019 10/04/2021 10/05/2021
04/02/2019 10/04/2021 10/05/2021
06/24/2019 10/04/2021 10/05/2021
07/22/2019 10/04/2021 10/05/2021
09/09/2019 10/04/2021 10/05/2021
01/02/2020 10/04/2021 10/05/2021
01/05/2020 10/04/2021 10/05/2021
03/24/2020 10/04/2021 10/05/2021
01/04/2021 10/04/2021 10/05/2021

 

GoffWilson Immigration Law 

 
If you or your business have any questions about how this notice affects I-9 compliance, how to properly process I-9s for those with extended work authorizations like TPS, or have any issues with employees or would-be employees from these six countries, contact GoffWilson today. GoffWilson solely practices immigration law and is a valuable partner to businesses with foreign-born workers—helping them access a global workforce and remain in compliance with complex and ever-changing immigration law. Immigration isn’t just what we do, it’s our passion!
Filed under:Form I-9 Compliance, Immigration Law

I-9 Requirement Flexibility Extended

12/28/2020
Share |

 
The Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) have, once again, extended the I-9 flexibility that was set to expire December 31, 2020 for 30 more days. Following this extension, increased I-9 flexibility for remote workplaces will run through January 31, 2021.  

History of Increased I-9 Flexibility 

The DHS and ICE instituted increased I-9 flexibility on March 19, 2020, in response to the precautions employers and employees were taking because of COVID-19. This is the seventh time since the policy’s establishment that it has been extended—a process we have detailed extensively on our blawg: 

What is increased I-9 Flexibility?

Increased I-9 flexibility allows employers to verify an employee’s identity and authorization documents remotely using fax, email, or a video link. Employers have three business days to physically inspect the documents when “normal” operations resume.  

Who Qualifies?

It’s important to know that the increased flexibility only applies to employers and workplaces operating 100% remotely. There are relatively few exceptions for businesses with employees present at workplaces; however, the DHS will evaluate situations where employers or employees are subject to COVID-19 quarantine or lockdown protocols on a case-by-case basis. 

Looking Ahead 

It’s hard to predict the future of I-9 flexibility for remote employers, especially when you take into account that it has already been extended numerous times and COVID-19 cases are surging in the U.S., but it is reasonable to assume that the flexibility will be extended once again before January 31, 2021. The DHS and ICE advise employers to monitor their websites for the latest news about I-9 flexibility—particularly when it will be terminated.

GoffWilson

With a gray area around who qualifies, no clear end date, and a short window to bring documentation up to date when “normal” operations resume, it behooves employers to have a plan in place for I-9 compliance. GoffWilson solely practices immigration law and has assisted businesses of all sizes and types to develop strategies to remain I-9 compliant. If you have a question about what the latest extension means for your company, or any other I-9 or immigration questions, contact GoffWilson today! Immigration isn’t just what we do, it’s our passion.
Filed under:Form I-9 Compliance, Immigration Law

H-1B Visa Electronic Registration is Almost Here

2/18/2021
Share |

H-1B filing season is just around the corner and if your business is hopeful to land one of these coveted visas, the time to start preparing is now. USCIS recently announced the initial registration period will run between March 9, 2021, and March 25, 2021. 
 

The H-1B Visa Application Process

 
For the second year in a row, an online registration process will be used to streamline the exchange of information between USCIS and employers. Nominal information is needed to register, such as:
 
  • Legal name 
  • Gender
  • Date of birth 
  • Country of birth
  • Country of citizenship
 
The registration will also want to know if the applicant is, or will be, eligible for the advanced-degree cap. 
 
Provided registrations outnumber the H-1B cap—there is no indication this won’t happen—prospective petitioners will be chosen via lottery, as has been the practice in prior years. The DHS announced the delay of the implementation of a Trump-era regulation that would have shifted the lottery to a wage-tiered system. 
 
USCIS will notify employers and their immigration counsel of winning registrations by March 31, 2021. On April 1, 2021, USCIS will start to accept cap petitions. It’s important to note that, while registration requires minimal information, it is imperative that businesses enter this period prepared and should work with counsel to ensure the best success for the H-1B visa. Proactive businesses will also have begun collecting the supporting information and documentation to ensure a smooth filing. Immigration counsel will walk you through what is needed. 
 

H-1B Visas

 
Only 65,000 H-1B visas are made available each year with an additional 20,000 open to individuals possessing a U.S. master’s degree or higher. The imposed quota is called the H-1B Cap. To highlight how in-demand these visas are, USCIS received about 275,000 registrations last year. Roughly 46% of all registrations were for prospective petitioners with U.S. advanced degrees.
 

Goffwilson Immigration Law 

 
GoffWilson is a valuable partner in the H-1B process, ensuring the smooth navigation of everything from registration to filing a full petition. We can also ensure that potential beneficiaries are worthy of an H-1B visa, saving businesses time and money in the long run. GoffWilson’s complete H-1B petition packages include the required USCIS forms and filing fees, a Labor Condition Application (LCA), information surrounding the employer and the offered position, and documentation regarding the employee.  
 
Do you have questions about the H-1B Visa and the application process surrounding it? Our H-1B team has assisted thousands of employers and employees with H-1B applications and we are waiting to help you. Contact GoffWilson today and set yourself up for success this H-1B season.
Filed under:H-1B Visa, Immigration Law

Biden Administration Lets Worker-Visa Ban Expire

4/1/2021
Share |

Good news for foreign-born workers and employers: the Biden administration has allowed a pandemic-related ban on a handful of temporary-worker visas to expire. This move will make a wide swath of U.S. businesses very happy—the controversial ban was the subject of a lawsuit brought by several large business groups, including the National Association of Manufacturers and the U.S. Chamber of Commerce. 
 

The Worker-Visa Ban

 
The ban on temporary-worker visas was implemented last June when the Trump administration issued the Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak. The ban covered temporary employment visas such as:  
 
  • H-1B
  • H-2B
  • L-1A
  • L-1B
  • Certain J-1 
 
The ban also encompassed corresponding visas such as the H-4, which are issued to the spouses of workers on H-1B visas, and the L-2, which is for spouses of employees on L-1A and L-1B visas. Originally, the ban was set to expire on December 31, 2020, but it was extended until March 31, 2021, before President Trump left office. 
 

What the Ban’s Expiration Means for Employers

 
The most notable element of the Biden administration allowing the proclamation to lapse is the end of the moratorium on H-1B visas, a temporary-worker visa for individuals in specialty occupations that require specialized knowledge. For example, H-1B visas are frequently used by technology companies to fill their ranks of coders and engineers.
 
Tech companies have been lobbying for the elimination of this ban since its implementation. In August, some of the nation’s tech giants—such as Amazon, Facebook, Apple, Microsoft, Netflix, and Twitter—signed a brief challenging it. It’s also been reported that there has been pressure on the Biden administration to lift the ban since taking office. 
 
Among the many benefits of the ban’s expiration is that it allows technology companies to access much-needed skilled employees. During the height of the pandemic, while many brick-and-mortar companies struggled, technology-based businesses thrived, outpacing the pool of qualified employees. A report from the National Foundation for American Policy (NFAP) shows job vacancy postings increased in computer-related positions by 11% as of March 2021.
 

Affected Visas Important to Other Industries  

 
High-skilled and high-profile visas like the H-1B, L-1A, and L-1B will steal headlines, but letting the ban expire also opens up H-2B visas—used to fill temporary, seasonal jobs in non-agricultural industries, like hospitality—before a busy summer season. Regionally, Maine businesses and lawmakers have already signaled the need for these important employees ahead of what looks likely to be a bustling tourist season.
 

Other Favorable Immigration Moves

 
Allowing the ban on temporary workers to expire comes on the heels of other favorable immigration policies from the Biden administration. At the beginning of March, they revoked the previous administration’s proclamation banning legal immigration for family members of U.S. citizens and residents. 
 

GoffWilson Immigration 

 
GoffWilson has long been a partner of employers seeking to access a global labor force. From securing H-1B visas to bring the world’s best and brightest minds to fill valuable, hard-to-place positions to ensuring access to much-needed seasonal workers, put our 30+ years of experience to work for you. Contact us today—immigration is what we do!
Filed under:H-1B Visa, Immigration Law

The DHS Extends I-9 Flexibility and Expands its Scope

4/5/2021
Share |

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) has extended their Form I-9 flexibility policy an additional 60 days—it’s now set to expire on May 31, 2021. They have also altered the language of the original guidance to broaden its scope.  
 

I-9 Flexibility Timeline  

 
The guidance that expanded I-9 flexibility was originally instituted on March 19, 2020, in response to a vast swath of U.S. businesses transitioning their workforce to remote operations because of COVID-19. This is the ninth time the policy has been extended since its implementation, a process we have detailed extensively on our blawg: 
 
 
It’s also a process we continue to monitor and advise clients on as businesses look toward the future, and begin to resume “normal” operations. 
 

I-9 Flexibility Expanded Range

 
One notable change in the updated guidance alters who this provision affects. Prior to the latest guidance, eligibility was limited to “employers and workplaces that are operating remotely. If there are employees physically present at a work location, no exceptions are being implemented…” In a concession to today’s evolving workplace, the DHS and ICE have expanded the scope of whom the provision applies to, which now includes “employees hired on or after April 1, 2021” who “work exclusively in a remote setting due to COVID-19-related precautions…”
 
This change allows some flexibility for companies with only small teams working in the office—such as security or IT—while the majority of their workforce is still operating remotely. It also accommodates businesses slowly phasing onsite employees back in. It’s important to note that this provision isn’t retroactive, but only applies going forward. 
 

Looking Ahead at I-9 Flexibility

 
The latest increased I-9 flexibility provision has assuaged some concerns of employers, but questions remain moving forward, the largest of which revolves around the termination of the guidance. Employers are encouraged to monitor the DHS and ICE websites for additional updates regarding the status of Form I-9 completion flexibilities and there is some fear that the policy could end one day without warning. For this reason, we encourage employers to update I-9s in person whenever possible. 
 
We are advising employers to have a strategy for when this guidance expires and normal I-9 processing resumes. Currently, businesses will have three days after the policy ends to inspect documents, update expired List B documents in person, and ensure original forms are accounted for. We also suggest that employers first confirm they’re eligible to take advantage of the expanded scope of I-9 flexibility before moving to virtual completion. 
 

GoffWilson Immigration Law

 
The fluidity of the order makes it challenging for businesses to form and implement long-term I-9 compliance plans, but GoffWilson can help. For more than 30 years, we have practiced immigration and have been an important resource—through comprehensive company audits, training workshops, and public training seminars—for businesses of all sizes committed to remaining in I-9 compliance. Contact GoffWilson today to learn how we can help your business navigate the ever-changing I-9 regulations.
Filed under:Form I-9 Compliance

USCIS Introduces Online Filing for OPT Applicants

4/14/2021
Share |

U.S. Citizenship and Immigration Services (USCIS) recently announced that certain F-1 students seeking optional practical training (OPT) can file Form I-765 online beginning April 15, 2021. This creates a more user-friendly option for eligible students and will help increase the efficiencies for adjudicators. 
 
USCIS has made news recently for lengthy OPT delays and in February, 18 international students filed a class-action lawsuit against USCIS and ICE in response to delays.  
 

What is OPT?

 
OPT is a temporary employment option that allows F-1 students to work in positions related to their area of study. Eligible students can apply to work for up to 12 months before completing their studies (pre-completion OPT) or for 12 months after completing their academic program (post-completion OPT). F-1 students graduating with STEM (science, technology, engineering, and math ) degrees are eligible to apply for an additional 24-month OPT extension. 
Who is Eligible to File Online?
 
Online filing is limited to F-1 students filing Form I-765 for OPT. F-1 students eligible to file online fall into one of three categories: 
 
  • Pre-Completion OPT
  • Post-Completion OPT
  • 24-Month Extension of OPT for STEM graduates
 
Filing online is not mandatory. USCIS will continue to accept the latest paper version of Form I-765 by mail.
 

Benefits of the Online Option 

 
The option to electronically file Form I-765 offers students a handful of benefits over the traditional paper form. Students filing online have 24/7 access to the status of their case and expedited communication with USCIS—notices are sent online, eliminating mailing time. Form I-765 applications are processed in order of arrival, and while online submissions aren’t prioritized over paper forms, filing online will get you in the queue more quickly.    
 

Increasing Online Access

 
The move to allow the filing of Form I-765 is a positive step toward increasing electronic options at USCIS. According to Tracy Renaud, Senior Official Performing the Duties of USCIS Director, “USCIS remains committed to maximizing our online filing capabilities.” 
 

GoffWilson Immigration 

 
GoffWilson solely practices immigration law and has a decades-long history of helping businesses, institutions of higher education, and students navigate ever-changing and complex immigration laws. If you have a question about the new online filing option, STEM OPT compliance, or any other immigration questions, contact GoffWilson today. Immigration isn’t just what we do, it’s our passion!
Filed under:Immigration Law

DHS Extends Form I-9 Requirement Flexibility Again

9/2/2021
Share |

In what’s becoming a regular occurrence, the Department of Homeland Security (DHS) has once again extended its flexibility in complying with the requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. This is the eleventh time increased I-9 flexibility has been extended since the issuance of the initial guidance on March 20, 2020.
 

What the I-9 Flexibility Extension Means for Employers

 
The extension of increased I-9 flexibility has been a long and ongoing occurrence for employers and something we’ve detailed extensively on our blawg:  
 
 
The latest extension will run through December 31, 2021. By the end of the year, the DHS will have to decide whether to once again extend I-9 flexibility or resume “normal” operations. The DHS cautions employers to monitor both the DHS’s and ICE’s Workforce Enforcement Announcements for information about when the extensions end and normal operations resume.
 

What is Increased I-9 Flexibility?

 
The increased I-9 flexibility allows employers more maneuverability when reviewing an employee’s identity and employment authorization documents, enabling them to verify an employee’s identity and authorization documents remotely using fax, email, or a video link. Employers should enter “COVID-19” as the reason for the delay of physical inspection. When “normal” operations resume, employers have just three business days to physically inspect the documents. 
 
It’s worth noting there are different standards for who qualifies for increased I-9 flexibility depending on the date an employee was hired:
 
  • Employees hired before May 31, 2021, only qualified for I-9 flexibility if their workplaces were operating totally remotely—that is, no employees were physically present at a work location. 
  • Employees hired on or after April 1, 2021, are offered more leeway and only need to work in a remote setting due to COVID-19 precautions to qualify for increased I-9 flexibility, as the DHS and ICE made adjustments in order to accommodate for evolving workplaces.    
 
Employees hired on or after April 1, 2021, will remain exempt from physical document inspection requirements until they return to non-remote work on a regular, consistent, or predictable basis, or the increased flexibility related to I-9 is terminated. Employers returning to a hybrid office/work-from-home arrangement that completed I-9s remotely will need to verify I-9 documentation in person within three days, once return to work is initiated.  
 

Increased I-9 Flexibility Going Forward

 
It’s difficult to predict how the DHS will handle increased I-9 flexibility going forward, but given that it has been extended numerous times, and COVID-19 continues to disrupt workplaces, it’s likely it will get extended again at the start of 2022. Then again, there is a chance that the flexibility could end one day without warning. 
 

The Challenge of Increased I-9 Flexibility  

 
Increased I-9 flexibility has provided a valuable solution to employers dealing with the challenges presented by COVID-19, but it also poses some serious issues for employers. Most notably challenged are employers that have hired a large number of employees who completed their I-9s through the exception—they’ll have just three days to complete an in-person review of required documentation when “normal” operations resume. 
 
Furthermore, employers must provide written documentation of their remote onboarding and telework policy for every employee. Proactive businesses will want to have a plan in place to remain in I-9 compliance by verifying these employees’ documentation within the three-day window. 
 

GoffWilson Immigration Law

 
GoffWilson has more than 30 years of experience practicing immigration law and is a trusted partner to businesses of all sizes in I-9 compliance—assisting through comprehensive company audits, training workshops, and public training seminars. If you have a question about what the latest extension means for your business or want to develop a strategy for when “normal” operations resume, GoffWilson can help. Contact GoffWilson today to learn how we can assist your business in navigating I-9 regulations or any immigration issues. Immigration isn’t just what we do, it’s our passion.
Filed under:Form I-9 Compliance

Immigration Settlement Clears Certain L-2 and H-4 Spouses for Work

11/11/2021
Share |
 

In response to a lawsuit, U.S. Citizenship and Immigration Services (USCIS) has agreed to change its policy in regards to L-2 and H-4 Employment Authorization Documents (EAD). This is fantastic news for the tens of thousands of spouses of high-skilled foreign nationals who have suffered substantial delays in the processing of their work authorization—causing them to stop working or to lose their job. By law, USCIS is required to process applications within 30 days, but recently it has taken up to a year or more. 

The Settlement 

 
The legal settlement with USCIS will bring relief to many of the L-2 and H-4 spouses by eliminating hurdles in the employment authorization process. 
 
L-2: Once the settlement goes into effect, L-2 spouse visa holders will have automatic work authorization and will no longer need to apply for an EAD. Simply put, L-2 visa holders (with a valid L-2 I-94) are authorized to work. 
 
H-4: Once implemented by USCIS, certain H-4 spouses with EAD renewal applications—those who timely file EAD renewals and have H-4 status beyond their current EAD expiration—are eligible for an automatic extension of their work authorization for up to 180 days. The length of the auto-extension will be the earlier of the following:
  • The end of the H-4 status, as determined by their I-94 record
  • The approval or denial of the EAD application
  • 180 days from the current EAD expiration date

What the Settlement Means 

 
The settlement will provide a sigh of relief to many L-2 and H-4 spouses who have faced significant disruptions to their work lives due to processing delays. USCIS will also benefit from this settlement—it eliminates a huge processing backlog and frees up adjudicators to help in other workstreams. Lastly, it’s great news for the country as a whole as it adds valuable workers to an economy struggling to fill jobs.
 

What Lies Ahead

 
While USCIS has come to a settlement agreement, implementation is not immediate. USCIS is expected to announce formal policy guidance within the next 120 days that details how it will execute the new policies and address Form I-9 employment eligibility verification. There is also still litigation pending that could achieve broader changes and further address delays for employment authorization that affect H-4 spouses.
 

GoffWilson Immigration 

 
GoffWilson Immigration continues to monitor developments related to the USCIS settlement and will post updates as more information becomes available. GoffWilson solely practices immigration law and has been a valued partner to businesses and families navigating the complex and ever-changing immigration process for over three decades. Contact GoffWilson today if you have questions about the USCIS settlement or any other immigration issues.
Filed under:Immigration Law

An Extension of Increased I-9 Flexibility Announced

12/17/2021
Share |

On December 15, the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) announced an extension of the flexibility rules related to Form I-9 compliance—the policy will now run until April 30, 2022.
 

History of Increased I-9 Flexibility

 
If the extension of I-9 is beginning to feel routine, that’s because it is. This marks the 12th time the policy has been extended since DHS issued the initial guidance on March 20, 2020. GoffWilson has covered the extensions of this rule thoroughly on our blawg:
 
 

What is Allowed By Increased I-9 Flexibility 

 
DHS’s extension of its increased I-9 flexibility is the result of the precautions taken by employers and employees due to the COVID-19 pandemic. Increased I-9 rule flexibility allows employers operating remotely to postpone the in-person inspection of documents required when completing Form I-9. Instead, the rule allows employers to examine documents remotely via email, fax, or video link—provided they make the appropriate annotation and perform a physical, in-person inspection within three days of resuming normal operations. 
 
The initial policy only covered employers and workplaces that were operating completely remotely because of the pandemic. However, it was expanded in April 2021 to offer more fluidity for employers slowly returning to in-person operations, allowing them to remotely inspect I-9 documentation for remote employees. The April expansion wasn’t retroactive, and only applied to employees onboarded after its implementation.
 

The Future of I-9 Flexibility 

 
The future of increased I-9 flexibility remains unclear and employers are encouraged to monitor the DHS and ICE websites for updates on when the extensions will be terminated and normal operations resume. That said, with COVID-19 cases surging in much of the country and the rule having been extended numerous times already, it’s reasonable to assume another extension when the current one is set to expire. Of course, they could just as easily end the extension without warning.   
 
It’s also worth noting that the DHS is seeking information from employers on their use of remote verification options, and exploring “alternative options” for physical document examination in the future.
 

GoffWilson Immigration 

 
Because of the uncertainty of the future of increased Form I-9 flexibility and the complexity it has added to I-9 compliance, it’s vital for employers to understand the rules and have a strategy in place for when the DHS rescinds the additional I-9 flexibility. GoffWilson has more than 30 years of experience practicing immigration law and is a valuable asset to businesses of all sizes when it comes to I-9 compliance.
 
GoffWilson solely practices immigration law and offers a number of I-9 services to employers, including comprehensive company audits, training workshops, and public training seminars. If you have a question about what the most recent I-9 flexibility extension means for your business or want to have a plan in place for when normal operations resume, GoffWilson can help. Contact GoffWilson today to learn how we can ensure your business is I-9 compliant. Immigration isn’t just what we do, it’s our passion.
Filed under:Form I-9 Compliance

It's Not Too Late to Register for Our Latest I-9 Seminar

1/21/2022
Share |

Our informative must-do seminar—Clarity vs. Confusion: Navigating the World of I-9s in 2022—is coming up fast! Be on top of your game. Register Today!
 
The half-day webinar is Thursday, January 27, 2022. Here are some reasons you should register right now:
  1. You want to be current on the latest trends in I-9s.
  2. You need a refresher. Review with us new questions, choices and solutions made in completing I-9s, how to correct flawed forms and how to avoid them.
  3. You have some nagging questions about completing I-9s that you really want answered by the pro’s.
  4. Your remote hires, recent merger, potential merger or federal contracts present challenges that can be met following this informative seminar.
  5. HRCI credit and a certificate are provided to you so you maintain your HR accreditation.
  6. Our three attorney panel walks you through real examples and you receive an up to date downloadable workbook to use as a future reference.
  7. We have some awesome give-aways planned for you!
Visit our website for more information or click here to register now.
Filed under:Form I-9 Compliance, Seminar

H-1B Visa Registration is Around the Corner

2/1/2022
Share |

U.S. Citizenship and Immigration Services (USCIS) recently announced the H-1B registration period for the fiscal year 2023: March 1 through March 18. It’s anticipated that demand for the much sought-after H-1B visa will once again outstrip supply. Consequently, proactive employers will want to begin preparing for the H-1B registration soon to ensure everything is in order prior to the registration period and avoid a silly oversight costing them the chance at securing one of these valuable visas.    
 

What is the H-1B Visa?

 
The H-1B visa is a non-immigrant visa that allows U.S. employers to hire foreign workers in specialty occupations. The number of H-1B visas is capped per fiscal year at 85,000—20,000 H-1B visas are allocated for applicants who hold a master’s degree or higher, while the minimum education requirement for the remaining 65,000 is a bachelor’s degree or its equivalent. 
 
There are some H-1B visas that are not counted against the cap. The most notable of these are for foreign workers employed by H cap-exempt organizations, such as institutions of higher learning, related and affiliated nonprofit entities associated with an institution of higher education (like teaching hospitals affiliated with university medical schools), and research organizations that are either non-profits or part of the federal government. 
 

H-1B Registration Timetable 

 
The fiscal year 2023 H-1B registration period will run from 12 pm (noon) eastern time on March 1 through 12 pm (noon) eastern time on March 18. It’s during this time that prospective petitions and representatives are required to submit registrations through the USCIS online system, myUSCIS. If enough registrations are received to meet the H-1B cap by March 18—which will more likely happen—USCIS will randomly select registrations. USCIS will send selection notifications to myUSCIS accounts by March 31. Employers will then have 90 days to file H-1B cap petitions for selected registrants.
 

H-1B Registration Timeline

 
  • March 1: H-1B registration period opens at 12 pm eastern time
  • March 18: H-1B registration period closes at 12 pm eastern time
  • March 31: Selection notifications are sent by USCIS
  • April 1: H-1B cap-subject petitions for the fiscal year are able to be filed

H-1B Registration Process

 
To register a potential H-1B visa recipient, employers or their authorized representatives must pay a $10 fee for each prospective petition and fill out some general information about them. To register a prospective H-1B recipient, you’ll need info such as their:
 
  • Full name
  • Gender
  • Date and country of birth
  • Country of citizenship
  • Passport number, if applicable
  • Advanced degree cap qualifications, if applicable
 
USCIS will assign a confirmation number to each registration submitted to the FY 2023 H-1B cap. The number is simply used to track registrations and is not for tracking case status. 
 
To register a prospective petitioner, an organization is required to have a myUSCIS account for each Employer Identification Number (EIN) entity that will sponsor beneficiaries for the FY 2023 cap season. This is regardless of whether an employer works with an immigration attorney to submit registrations or does so on its own. It’s important to note that you cannot create a new account until February 21 and trying to create one in advance of this date can create enormous headaches down the road. 
 

How to Prepare for the H-1B Registration Process 

 
H-1B registration arrives quickly and is over seemingly just as fast. Employers should start to identify prospective H-1B visa candidates as soon as possible. Some examples of where an employee may need an H Visa: Students working under Optional Practical Training (OPT) or Curricular Practical Training (CPT) and will need an H-1B visa to be eligible to be employed in the U.S. once their OPT or CPT expires. Candidates currently in H-1B status with an H-1B cap-exempt employer (institutions of higher education or a related or affiliated non-profit entity, nonprofit research organizations, or governmental research organizations) seeking employment opportunities with cap-subject employers or candidates in other nonimmigrant work status such as TN, H-3, H-2, O-1, and J-1 but need to change their status to H-1B.
 

GoffWilson Immigration 

 
We strongly recommend starting the H-1B application process as soon as possible and no later than February 15, 2022. We can help employers to develop a sound H-1B strategy—ensuring everything from hitting key deadlines to identifying the right people to put into the H-1B process.
 
GoffWilson Immigration solely practices immigration law and has assisted thousands of employers and employees with H-1B applications over our decades in practice. GoffWilson is a valuable partner through the entire H-1B process, helping to smoothly navigate everything from registration to filing a full petition. Contact GoffWilson today to learn how we can help set you up for a successful H-1B season.
Filed under:H-1B Visa, Immigration Law

DHS Designates Ukraine for Temporary Protected Status

3/4/2022
Share |


The Department of Homeland Security designated Ukraine for Temporary Protected Status (TPS) for 18 months in response to what they’ve termed a “full-scale military invasion” of Ukraine by Russia and “the largest conventional military action in Europe since World War II.” The TPS designation will help protect Ukrainian nationals in the U.S. from deportation to a country under siege and into a conflict that has claimed hundreds of civilian lives and forced more than a million refugees to flee. 
 

What is Temporary Protected Status (TPS)?

 
Temporary Protected Status is a program that allows eligible foreign nationals from countries considered unsafe to legally live and work in the United States for a temporary period of time—in the case of Ukraine, 18 months—but does not provide a pathway to permanent residency. The DHS Secretary can extend the designation based on conditions of the country. TPS was created by Congress in 1990 and is given for one of the three following reasons:
 
  • Ongoing armed conflict 
  • Environmental disaster 
  • Extraordinary and temporary conditions 
 
With its designation, Ukraine becomes the 13th country designated for TPS, joining Burma, El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Venezuela, and Yemen.
 
Before the designation of Ukraine, about 300,000 foreign nationals were in the country under TPS. According to a DHS estimate, the TPS designation will benefit more than 75,000 Ukrainians in the U.S. and include those here on temporary student, business, and tourist visas. It also includes roughly 4,000 Ukrainians facing deportation from the U.S., about 3,000 of which are asylum seekers.  
 

Why Ukraine Was Designated for TPS

 
The Russian invasion of Ukraine has created a humanitarian crisis as Ukrainians flee from fighting and damage to infrastructure, leaving many without necessities such as shelter, electricity, water, food, and medical services. As mentioned above, a million people have already fled the country and it’s only been a week. 
 
Furthermore, the U.N. High Commissioner for Refugees has predicted the number of refugees could climb to more than four million as the invasion progresses and said in a statement, “I have worked in refugee emergencies for almost 40 years, and rarely have I seen an exodus as rapid as this one.” In the comments announcing Ukraine’s designation for TPS, DHS Secretary Alejandro N. Mayorkas remarked, “In these extraordinary times, we will continue to offer our support and protection to Ukrainian nationals in the United States.”
 

Who Qualifies for TPS?

 
Ukrainian nationals in the U.S. eligible for TPS under this designation must have been living in the U.S. since March 1, 2022—those who traveled to the U.S. after that date are not eligible. They must also meet certain statutory requirements, like passing security and background checks. Consequently, the designation of Ukraine for TPS doesn’t apply to the approximately one million refugees flooding into neighboring European countries. 
 
TPS designation for Ukraine will go into effect on the date it’s published in the Federal Register, something that has yet to occur. The notice in the Federal Register will also provide instructions on how to apply for TPS.
 

U.S. Suspends Deportations to Select European Countries

 
In addition to designating Ukraine for TPS and suspending deportations to the embattled country, U.S. Immigration and Customs Enforcement (ICE) has also paused deportations to eight other European Nations: Russia, Belarus, Georgia, Hungary, Moldova, Poland, Romania, and Slovakia.
 
ICE has not committed to how long it will pause deportations. That said, deportations to the aforementioned countries are relatively small. For example, in 2020, ICE deported just 106 Ukrainians and 108 Russians. 
 

GoffWilson Immigration Law  

 
GoffWilson is an ally to Ukrainians and encourages employers and individuals to contact us with any questions they may have about the designation of Ukraine for TPS and what it means for their employees or themselves. GoffWilson solely practices immigration law and has helped businesses and individuals navigate ever-changing U.S. immigration law for over 30 years. At GoffWilson, immigration isn’t just what we do—it’s our passion.
Filed under:Immigration Law

Temporary Policy for Expired List B Identity Documents is Set to End

3/18/2022
Share |

The Department of Homeland Security (DHS) will end its COVID-19 Temporary Policy for List B Identity Documents. Beginning May 1, employers may no longer accept expired List B documents.
 

COVID-19 Temporary Policy for List B Identity Documents

 
The COVID-19 Temporary Policy for List B Identity Documents was put in place near the beginning of the pandemic as a response to the difficulty many people had renewing documents due to office closures, online renewal restrictions, and stay-at-home orders and allowed employers to accept certain expired List B documents for Form I-9 purposes. 
 
Because document-issuing authorities have reopened or provided alternatives to in-person renewals, the DHS has ended its flexibility in regards to expired documents. Starting May 1, only unexpired List B documents are acceptable. 
 

List B Identity Documents 

 
List B documents are used to establish identity only and employees must present one of the following documents when completing Form I-9:
 
  • Drivers license issued by a state or outlying territory of the U.S.
  • ID card issued by federal, state, or local government agencies or entities, provided it contains a photograph or information such as name, date of birth, gender, height, eye color, and address
  • School ID card with a photograph
  • Voter registration card
  • U.S. military card or draft record
  • Military dependent’s ID card
  • U.S. Coast Guard Merchant Mariner Document (MMD) card
  • Native American tribal document
  • Driver’s license issued by a Canadian government authority
 
Employees under 18 are also able to present:
 
  • School record or report card
  • Clinic, doctor, or hospital record
  • Daycare or nursery school record
 

How to Manage Expired List B Documents 

 
Employers are required to update their Form I-9s by July 31, 2022, if an employee presents an expired List B document between May 1, 2020, and April 30, 2022. Here is how to handle employee I-9s completed between May 1, 2020, and April 30, 2022, with an expired List B document. 
 

Still an Employee 

 
If the person is still an employee, have them provide an unexpired List B document. In the “Additional Information” field on Form I-9, the employer must enter the document’s title, issuing authority, number, and expiration date. After that, the employer is required to initial and date the change.
 

No Longer an Employee 

 
If the person is no longer an employee, there is no need for the employer to take any action.
 

List B Document was Auto Extended 

 
In some instances, List B documents are auto extended by their issuing authority. In these cases, no action is required by the employer, because the document was unexpired when it was presented.  
 

GoffWilson Immigration 

 
GoffWilson advocates for businesses to take a proactive approach to I-9 compliance and this latest policy shift presents an opportunity to review not just your I-9s but also your I-9 practices. GoffWilson has been a leader in I-9 compliance over our 30+ years, and has helped a multitude of businesses with everything from establishing a strategy, building best practices, and performing self-audits of I-9s. Contact GoffWilson today and discover how we can help you!
 
Filed under:Form I-9 Compliance

DHS Extends Guidance Relaxing I-9 Rules

4/26/2022
Share |

The Department of Homeland Security has announced another extension of its guidance increasing the flexibility of rules related to Form I-9 compliance due to COVID-19. Increased I-9 flexibility will now run through October 31, 2022. This marks the 13th time the DHS has extended the relaxed rules around Form I-9 since it issued the original guidance on March 20, 2020. 
 

Form I-9 

 
Employers in the U.S. are required by federal law to complete Form I-9 for every worker they hire. For an I-9 to be complete and in compliance, an employer must examine the employee’s documentation to ensure that it appears genuine and related to the person presenting it. 
 

Form I-9 Requirement Flexibility 

 
The main function of the increased Form I-9 flexibility was a loosening of the rules related to document verification. The guidance allows employers to postpone in-person document inspection and inspect documents remotely—via video link, fax, or email—so long as they note the remote inspection and re-examine the documents in person within three days of resuming normal operations. 
 
Because of the longevity of the extension, it’s possible for an employee to have been onboarded remotely and left the employer without ever having their documents inspected in person. In these cases, employers are able to memorialize the reason for the lack of an in-person examination in a memorandum kept with the employee’s Form I-9. 
 
The guidance originally only covered workplaces and employers that were working completely remote due to the pandemic. In April 2021, the guidance was expanded to better accommodate employers slowly returning to in-person operations by allowing them to inspect I-9 documentation remotely for out-of-office employees. The expansion wasn’t retroactive and only applied to employees onboarded after its implementation. 
 

History of Increased I-9 Flexibility

 
As mentioned, above the latest extension marks the 13th time the DHS has extended the guidance—something GoffWilson has covered extensively:
 
 

Increased I-9 Flexibility Going Forward 

 
It’s hard to speculate on the future of increased I-9 flexibility. On one hand, many offices are returning to in-person operations; on the other, COVID-19 is still wreaking havoc in many places across the world. And with the guidance having already been extended 13 times, it’s reasonable to assume it will once again be extended when the time comes. 
 
DHS and ICE encourage employers to monitor their websites for updates on when the extension of I-9 flexibility will be terminated and normal I-9 rules reinstated. 
 

GoffWilson Immigration Law 

 
GoffWilson is a trusted I-9 resource, having audited thousands of Form I-9s and 
assisted businesses of all sizes to remain in compliance throughout our 30+ years of practicing immigration law. We offer a host of I-9 services to employers ranging from comprehensive company audits to public training seminars. 
 
GoffWilson recommends that employers take a proactive approach to their I-9s and have a plan in place for when DHS ends increased I-9 flexibility. GoffWilson can help you form a strategy to remain I-9 compliant and offer solutions to both the short-term challenges facing employers, like the guidance increasing the flexibility around document inspection, and long-term issues, like incorrectly filling out form I-9. 
 
Contact GoffWilson today to learn how we can help ensure your business remains I-9 compliant. Immigration isn’t just what we do, it’s our passion.
 
Filed under:Form I-9 Compliance

Immigration Update: H-2B Visa Expansion and I-9 News

10/19/2022
Share |

 
October has been a busy month for immigration—over the past few days, there have been announcements regarding both the H-2B Visa and Form I-9.
 

DHS Supplements H-2B Cap with Additional Visas

 
On October 12, 2022, the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL) announced it would make an additional 64,716 H-2B temporary nonagricultural worker visas available for the 2023 fiscal year—roughly doubling the number of available H-2B visas. This is great news for businesses struggling to fill temporary positions and the second time this year that DHS has supplemented the H-2B visa cap; DHS and DOL made 35,000 additional H-2B visas available for the second half of the 2022 fiscal year.
 
Of the 64,716 new H-2B visas made available, 20,000 are allocated to workers from Haiti, Honduras, Guatemala, and El Salvador. The Biden administration has pledged to expand legal pathways as an alternative to irregular migration, ensuring migration is a choice rather than a necessity. The remaining 44,716 H-2B visas are available to certain returning H-2B workers.
 
The H-2B visa program allows employers to hire foreign workers for temporary, non-agricultural positions in the U.S. H-2B workers are employed in a variety of industries, including construction, landscaping, hospitality, tourism, and seafood processing. Businesses that employ H-2B workers must meet specific requirements, most notably, that there are not enough U.S. workers to perform the jobs and that employing H-2B workers will not negatively affect the wages and working conditions of similarly employed U.S. workers. 
 
In addition to announcing supplemental H-2B visas, the creation of an “H-2B Worker Protection Taskforce” was also announced. The intent of the task force is to protect vulnerable H-2B workers from exploitation and ensure employers don’t use the H-2B program to avoid hiring U.S. workers.
 

Form I-9 Announcement

 
If you’ve recently looked at the current I-9 form, you’ve likely noticed that it has an October 31, 2022 expiration date. Despite its expiration date, the U.S. Citizenship and Immigration Services announced on October 11, 2022, that employers should continue using the current form—even after its expiration date—until further notice. Form I-9 is used to verify the identity and employment eligibility of individuals hired in the U.S., including both citizens and noncitizens.  
 

GoffWilson Immigration Law

 
GoffWilson Immigration Law solely practices immigration and is a valuable partner to businesses employing a global workforce. From help securing much-needed H-2B visas to I-9 services such as training and seminars and comprehensive audits, GoffWilson helps businesses take advantage of the worldwide workforce and remain in compliance with ever-changing and complex immigration laws. Contact GoffWilson today to discover we can help you hire, secure, and employ talent from around the globe. Immigration isn’t just what we do, it’s our passion!
Filed under:Form I-9 Compliance, Immigration Law

Form I-9 Flexibility Extended Through July 2023

10/21/2022
Share |

 

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have once again extended their guidance that increases flexibility in Form I-9 compliance. The temporary guidance was set to expire on October 31, 2022, but will continue for another nine months and will now expire on July 31, 2023. This is the 14th time the guidance has been extended since its implementation in March 2020. 

 

What You Need to Know About Increased I-9 Flexibility 

 
Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States. Employers are required to complete an I-9 form for every worker they employ. For I-9 compliance, employers must examine an employee’s documentation to ensure that they’re genuine and related to the person presenting them. 
 
Normally, I-9 documentation is inspected in person, but in response to the stay-at-home orders and rise of remote work brought on by COVID-19, the rules were loosened to allow remote inspection via video link, fax, or email. Initially, only fully remote workplaces and employees were covered by the guidance, but its scope was broadened in April 2021 to cover employees working in a remote setting. The increased breadth of the guidance only applied to employees onboarded after its implementation. 
 
While the latest guidance extends the relaxed I-9 rules through next July, it also encourages employers to begin, “at their discretion,” in-person identity and employment eligibility verification for employees onboarded remotely. It also reminds employers to monitor the DHS and ICE websites for updates about when the extensions end and normal operations will resume.
 

History of Form I-9 Flexibility 

 
Increased I-9 flexibility is well-traveled ground for employers by now and is a topic we’ve covered extensively on the blawg:
 
 

Other Important I-9 Information 

 
Since Form I-9 is on the top of employers’ minds, it’s worth reiterating that, earlier in October, U.S. Citizenship and Immigration Services announced that employers should continue using the current Form I-9—despite its October 31, 2022 expiration date—until further notice. 
 

GoffWilson Immigration Law

 
GoffWilson Immigration Law is a leader in I-9 compliance and offers businesses valuable services ranging from comprehensive I-9 audits to providing informative I-9 training and seminars. GoffWilson can help businesses navigate the ever-evolving regulations regarding Form I-9 and develop a strategy for when in-person verification resumes. Contact GoffWilson today to learn how we can help your business remain I-9 compliant. Immigration isn’t just what we do, it’s our passion.
Filed under:Form I-9 Compliance

The DHS Announces TPS Extension

12/7/2022
Share |

DHS Extends TPS Status for Beneficiaries from Six Countries

 
The Department of Homeland Security (DHS) announced an 18-month extension of Temporary Protected Status (TPS) to eligible beneficiaries from six countries: El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal. TPS status for the aforementioned beneficiaries was set to expire on December 31, 2022, however, with the extension, they will now retain TPS status through June 30, 2024. 
 

Who Is Not Covered by the Recent Extension of TPS?

 
One of the most important facts to know about the recent extension of TPS is that it doesn’t apply to all the recipients from Haiti and Sudan; rather, it only applies to beneficiaries of the 2011 Haiti designation and the 2013 Sudan designation. Individuals granted TPS under the 2011 Haiti designation and the 2013 Sudan designation may also apply under the more recent 2021 Haiti and 2022 Sudan designation. 
 
Anyone from Haiti who has continuously resided in the U.S. since July 29, 2021, is eligible to apply for the new TPS designation—the registration period closes on February 3, 2023.
Anyone from Sudan who has continuously resided in the U.S. since March 1, 2022, is eligible to apply for the new TPS designation—the registration period closes on October 19, 2023.
 
Those under the 2011 Haiti and 2013 Sudan designations may want to consider applying under the more recent designation. It’s advised that they speak with an immigration attorney to discuss their specific situation before making any decisions. 
 

Automatic Extension

 
The recent extension also automatically extends the expiration of all TPS-related documentation, including: 
 
  • Employment Authorization Documents (EADs)
  • Form I-797
  • Notices of Action 
  • Forms I-94
  • Arrival/Departure Records
 
More simply, those covered under the latest TPS extension are not required to reregister to maintain their status. 
 

What is Temporary Protected Status (TPS)?

 
TPS is granted by DHS to eligible foreign-born individuals who are unable to return to their home country safely due to circumstances such as an ongoing armed conflict, environmental disaster, or epidemic. TPS holders are able to live and work in the U.S. for a designated period of time, although it does not provide a pathway to permanent residence. DHS must periodically review TPS status and can choose to extend it for periods of six to 18 months, provided conditions in the country continue to meet the requirements for designation. 
 

GoffWilson Immigration

 
Whether you’re a business that has questions about how the extension of TPS status affects I-9 compliance or an individual trying to understand what this means for your unique situation, GoffWilson has the answers. GoffWilson solely practices immigration law and has been helping businesses and individuals navigate complex and ever-changing immigration laws for more than three decades. Contact GoffWilson today and learn how we can help you.
Filed under:Immigration Law

Immigration Update: H-1B Season and Redesigned Green Cards and EADs

1/31/2023
Share |
 

Keep Up to Date with the Latest Immigration News

 
We’re only a few weeks into the new year, but a lot has already happened in immigration—and it’s only going to get busier as we get closer to H-1B filing season.  
 

H-1B Registration Period Announced  

 
U.S. Citizenship and Immigration Services (USCIS) recently announced the H-1B cap registration period for the fiscal year 2024—it will open at noon Eastern on March 1, 2023, and run through noon Eastern on March 1, 2023. This is a critical moment for employers looking to secure one of these highly sought-after visas. Just 65,000 H-1B visas are issued annually with an additional 20,000 made available to foreign nationals possessing a U.S. master’s degree or higher. 
 
It’s been roughly a decade since the number of H-1B applicants hasn’t exceeded the number of available visas and a lottery (known as the H-1B lottery) was used to select recipients. In 2023, USCIS received 483,927 H1-B registrations, the highest number in the history of the program. It’s anticipated that applicants will outnumber visas this year as well, and a lottery will once again be needed. This makes it essential that employers file their H-1B petitions within the registration period—the earlier the better to avoid any last-minute issues.  
 
Employers and authorized representatives are required to file H-1B cap petitions electronically through USCIS’s online system, myUSCIS.gov. There is a $10 registration fee for each petition filed on behalf of a beneficiary and due to the likely large number of registrations, the daily credit card transaction limit will temporarily increase from $24,999.99 to $39,999.99. 
 
H-1B season moves quickly, but with proper planning and a sound strategy, employers can ensure it also moves smoothly. Now is the time for employers to begin identifying prospective H-1B candidates, such as students working in Optional Practical Training (OPT) or Curricular Practical Training (CPT) programs who will require an H-1B visa to continue employment in the U.S. once their OPT or CPT expires, or candidates with H-1B status for a cap-exempt employer seeking to transition to opportunities with cap-subject employers. 
 

USCIS Announces Newly Designed Permanent Resident Cards and EADs

 
On January 30th, USCIS began issuing redesigned Permanent Resident Cards (also known as Green Cards) and Employment Authorization Documents (EADs). USCIS redesigns the cards every three to five years to mitigate the threat of counterfeiting and fraud—the current cards were introduced in May 2017.
 
The newly released cards incorporate a host of features designed to increase security and resist tampering, including:
 
  • Detailed artwork
  • Tactile printing better integrated with artwork
  • Enhanced optically variable ink 
  • Holographic images on the front and back of cards
  • A layer-reveal feature with a partial window on the back photo box
  • Data fields relocated from prior card versions 
 
The launch of new cards doesn’t invalidate current cards—they remain valid until their expiration date unless otherwise noted. In fact, some Green Cards and EADs may still feature the existing format, as USCIS uses up its remaining cardstock. Some older Green Cards do not have an expiration date, and while these generally remain valid, USCIS is encouraging holders of these older cards to apply for a new replacement card to prevent fraud or tampering if the card is ever lost or stolen. 
 

GoffWilson Immigration Law 

 
GoffWilson solely practices immigration law and is a valuable partner to both businesses and individuals. Contact GoffWilson today to learn how we can help your business form a strategy for H-1B season and provide assistance with the preparation and submission of this important visa, or if you simply have a question about what the release of new Green Cards and EADs means for you. 
 
At GoffWilson, immigration isn’t just what we do, it’s our passion.
 
Filed under:

Temporary I-9 Flexibility Set to Expire

5/9/2023
Share |

DHS and ICE Announce the End of Temporary I-9 Flexibility

 
The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have announced that the temporary flexibilities extended to employers regarding I-9 document verification during the COVID-19 pandemic are set to end on July 31, 2023. Employers will have 30 days—until August 30, 2023—to complete an in-person verification of all employees who were virtually verified under the temporary flexibilities.
 

What Employers Need to Know

 
After numerous extensions, the termination of temporary I-9 flexibility serves as a wake-up call for the Human Resources community, as employers have just 30 days after the extension ends to physically review documents—a relatively tight time frame, particularly for employers that have been relying on the policy for more than three years.
 
With an in-person inspection deadline looming in late August, it’s imperative that employers begin the project as soon as possible. Employers will need to identify employees who require updates and develop a strategy for bringing them into compliance.
 
Because of the extended period of time between the implementation of the temporary I-9 flexibility and its sunsetting, employers will face a handful of issues not commonly encountered. To offer guidance, USCIS has published a question-and-answer page and a page of examples for tackling I-9s in need of updating. Some situations to be aware of:
 
  • Same Documents: If an employee presents the same documents they did at the virtual inspection, employers should note in the Additional Information field “Documents Physically Examined” with the date of inspection and the initials of the inspector.
  • New I-9 Inspector: If the person inspecting the verification documents in person is different from the person who inspected the documents remotely, employers can either:
    • Record the date the documents were physically examined and the inspector’s full name and title in the Additional Information field; or
    • Complete a new Section 2 and attach it to the original I-9.
  • Different Documents: If an employee presents different documents at their in-person inspection from their virtual inspection employers can either:
    • Complete a new Section 2 and note “Documents Physically Examined” with the date of inspection in the Additional Information section and attach it to the original I-9; or
    • Record the new information on the existing I-9 in the Additional Information section with the date of the inspection and initials of the inspector.

A Brief History of Temporary I-9 Flexibilities

 
Temporary I-9 flexibility began in March 2020 in response to increased remote employment, stay-at-home orders, and other complications brought about by COVID-19. It allowed employers to inspect I-9 documentation remotely rather than in person with the expectation that employers would conduct a physical inspection within three days of returning to normal business operations. The flexibility was originally applied to just employers and workplaces that were 100% remote, but roughly a year later the policy was expanded to cover a broader range of businesses. All told, temporary I-9 flexibility was extended 14 times before its termination.
 

GoffWilson Immigration Law

 
GoffWilson is a long-time leader in I-9 compliance and a valuable partner to businesses of all sizes. Over our 30+ years in practice, we’ve audited thousands of I-9s, provided both public workshops and private seminars, and helped employers develop and implement strategies for remaining I-9 compliant.
 
If you have a question about how your business should proceed with processing I-9s in light of the expiration of I-9 flexibility or need assistance forming a plan to bring your business within compliance, we can help! Contact GoffWilson today—immigration isn’t just what we do, it’s our passion.

Filed under:Form I-9 Compliance

USCIS Announces a New Form I‑9 and Remote Verification Options

7/27/2023
Share |

What Employers Need to Know About the Latest Form I-9

 
United States Citizenship and Immigration Services (USCIS) announced a new Form I-9 with a host of improvements, features, and guidelines designed to streamline the process and make it easier for employers to understand, implement, and ultimately remain in I-9 compliance.
 

What is Form I-9?
 

Form I-9 is used to verify the identity and employment authorization of individuals hired to work in the United States. Employers are required to complete an I-9 for every worker they employ within three days of the employee’s start date and retain the form for a set amount of time. To remain I-9 compliant, employers must examine an employee’s documentation to ensure that they’re genuine and relate to the person presenting them.
 

What’s New With the Latest Form I-9?
 

Notable changes to Form I-9 include improved mobile compatibility—it’s designed to be filled out electronically on tablets and mobile devices and is downloadable. The new Form I-9 also features shorter sections and a dramatic reduction in instructions (going from 15 pages to 8). One of the most exciting developments of the new Form I-9 is the ability for some employers to examine documents remotely.
 

Who is Eligible to Remotely Verify I-9 Documents?
 

Along with changes to Form I-9 itself, USCIS will now allow eligible employers an alternative means of verifying documents—providing them with a remote option. At the moment, the alternative procedure is only available to employers enrolled in the E-verify program who are in good standing and in compliance with all the program’s requirements.
 
One stipulation employers taking advantage of the option to remotely verify documents must be aware of is that they must consistently follow a procedure for verifying documents. That is, they must follow the same practice for every employee at a worksite. 
 
For example, a business can either make all of its employees have their documents verified in person, or it can require physical document verification for onsite employees and allow remote document verification for remote employees. The key is that document verification of all employees at a worksite (either a physical location or remote) is managed in a consistent manner.
 
Whatever document verification policy an employer establishes, it’s critical that they don’t “adopt such a practice for a discriminatory purpose or treat employees differently based on their citizenship, immigration status, or national origin.”
 

What Remote Verification Documents Need to be Retained?
 

Another helpful component of the new Form I-9 is a checkbox for indicating an employee’s verification documentation was examined using a new authorized alternative procedure.
 
Like onsite verification, remote I-9 verification must be completed within three days of an employee’s first date of employment. Employees need to transmit a copy of their verification documents to the employer. Employees then must present the same documents for examination during a live video interaction.
 
After verifying the employment eligibility documentation, employers must indicate on the new Form I-9 that they verified the documents through the authorized alternative procedure and the date they did it. They must also retain “clear and legible” copies of the documents the employee presented for remote/virtual inspection.
 

When Does the New Form I-9 Go Into Effect?
 

Employers may begin using the new Form I-9 on August 1, 2023. However, they can continue to use the old Form I-9—the one with an October 11, 2022 expiration date—through October 31, 2023. As of November 1, 2023, employers can only use the new Form I-9.
 

GoffWilson Immigration Law
 

While the changes brought by the new Form I-9 are designed to make the process more straightforward, they also are a shift from the normal course of business. Whether your business needs assistance implementing E-Verify or remote verification or simply wants to ensure it’s in I-9 compliance, GoffWilson can help.
 
GoffWilson solely practices immigration law and has long been a leader in I-9 compliance. We offer everything from comprehensive audits to client workshops to public trainings and seminars. In fact, we’re planning a live I-9 presentation in September—stay tuned for updates.
Filed under:Form I-9 Compliance

Temporary Protected Status for Venezuela Extended for 18 Months

9/25/2023
Share |

DHS Extends and Redesignates Venezuela for Temporary Protected Status

The Department of Homeland Security (DHS) announced the extension and redesignation of Temporary Protected Status (TPS) for Venezuela for 18 months on September 20, 2023. The new extension applies only to Venezuelan nationals residing in the U.S. before July 31, 2023.

What is Temporary Protected Status (TPS)?

 
TPS is granted to migrants from designated countries considered unsafe to return to and allows them to live and work in the U.S. for a temporary but extendable period. TPS is usually granted in 18-month periods and can be extended indefinitely. However, TPS doesn’t provide a pathway to residence. Venezuela is one of seven countries that the U.S. has given TPS status. The other six are:
 
  • El Salvador
  • Haiti
  • Honduras
  • Nepal
  • Nicaragua
  • Sudan

What to Know About the Recent TPS Extension for Venezuela

 
Eligible individuals who have not yet filed for TPS status may submit an Application for Temporary Protected Status (Form I-821) during the initial registration period. DHS will provide further information about timelines, eligibility criteria, and procedures in an upcoming Federal Register notice. Applicants may also apply for TPS-related Employee Authorization Documents (EAD) and travel authorization at that time.
 
Pending applications under the previous TPS designation for Venezuela will continue to be processed. There is no need for those with open applications to resubmit forms. Individuals with pending EADs may be eligible for an automatic extension of work authorization while the renewal application is pending. The USCIS has created a calculator for individuals to track their extensions.

What the TPS Extension for Venezuela Means for Employers

 
The TPS extension for Venezuela is good news for employers, particularly those in fields with labor shortages. Leaders across the nation have advocated for the extension and allowing eligible Venezuelans to begin contributing to the community and economy.
 
According to DHS, there are currently ~242,700 TPS beneficiaries under Venezuela’s existing TPS designation. An additional ~472,000 nationals of Venezuela may be eligible under the redesignation of Venezuela. In other words, about a half-million potential employees will soon be entering the labor market.

I-9 Compliance for Employers with TPS Employees

 
It’s critical that employers know how to properly complete the Form I-9 process for new and existing TPS employees. According to I-9 Central, when an employee presents an EAD whose original “Card Expires” date has passed, employers should determine if it is a TPS EAD that has been automatically extended. Employers must look at the “Category” section on the expired EAD: “A12” or “C19” indicate TPS. Employers must accept the EAD as still valid if it has been automatically extended by DHS. Employers must re-verify on or before the extended expiration date and follow the instructions in the I-9 Handbook, M-274. It is important to note that the extended expiration dates may be further extended, so it is important to check the USCIS website for any updates.

GoffWilson Immigration

 
From questions about an individual’s TPS status to how the extension of TPS status for Venezuela affects a business, GoffWilson has the answers. GoffWilson solely practices immigration law and is a valuable partner to individuals and businesses navigating the complex and ever-evolving immigration laws. Whether you’re interested in learning about TPS status or how it affects I-9 compliance, GoffWilson can help. Contact us today for assistance.
 
Immigration isn’t just what we do, it’s our passion.
Filed under:Form I-9 Compliance, Immigration Law

Prepare for Success this H-1B Season

1/22/2024
Share |
 

A Succesful H-1B Season Starts Now

 
The H-1B registration window for fiscal year 2025 (FY25) will soon open and proactive employers are already beginning to strategize and prepare for the opportunity to secure one of these highly sought-after nonimmigrant visas. With just 85,000 H-1B visas available—65,000 available to applicants with bachelor’s degrees and higher and another 20,000 open to those with at least a U.S. master’s degree—demand greatly outstrips supply. Consider that last year, USCIS received a record-breaking ≈781,000 applications.

Before the H-1B Process Begins


Employers interested in obtaining one of these valuable visas will want to ensure everything is ready—applicants have been identified, detailed job descriptions developed, and prevailing wage determined—in advance of the opening of H1B registration. Working with an experienced immigration attorney early in the H1-B process can lay the foundation for a successful petition.

H-1B Registration Process


USCIS hasn’t announced the timeline for FY25’s H-1B registration and lottery process, however, it’s expected to be similar to those of the past few years.

Registration Window


The registration window is expected to open in early March. During this period, employers must electronically register and pay a registration fee for every applicant they sponsor. The registration requires employees to submit basic information about their company as well as the worker seeking an H1-B visa.
 
Working with an immigration attorney, such as GoffWilson, can help ensure timely registrations and avoid errors. Waiting until the last minute to register puts you at risk of something silly like an internet problem or website crash shutting you out of the lottery while even small mistakes can cause delays or denials.

Lottery Process


If the number of H-1B petitions exceeds the allotted 85,000 H-1B visas—as it has in the past 10+ years—USCIS holds a lottery sometime in late March or early April. H-1B visa “winners” are chosen at random—the first 65,000 are selected from all H-1B applicants and the following 20,000 are chosen only from applicants with a U.S. master’s degree or higher.

How Employers Can Prepare for H-1B Season


One of the best things an employer can do to prepare for the H-1B registration and lottery process is to work with a knowledgeable immigration attorney, who will evaluate an employee’s H-1B eligibility. If they qualify, the immigration attorney will prepare their registration and file it on the appropriate date.
 
If a registration is selected in the lottery, an immigration attorney will prepare and file a formal H-1B petition with, and respond to any further requests from, USCIS. In the end, an immigration attorney like GoffWilson can save employers a lot of time, energy, and headaches.

Who to Sponsor for an H-1B Visa?


Most H-1B registrations are for foreign workers who’ve never had H-1B status before. However, there are some situations where a potential H-1B applicant may be employed under another type of temporary work authorization or on an H-1B visa for an uncapped employer (like an institution of higher education or government research organization). For example:
  • Students engaged in Optional Practical Training (OPT) or Curricular Practical Training (CPT) must obtain an H-1B visa to remain eligible for employment in the U.S. after their OPT or CPT period expires.
  • Individuals currently holding H-1B status, and employed by a cap-exempt employer, who are now looking for job opportunities with a cap-subject employer.
  • Individuals currently in nonimmigrant work statuses like TN, H-3, H-2, O-1, and J-1, but who are required to transition their status to H-1B.

GoffWilson Immigration


GoffWilson strongly advises employers to begin the H-1B application process as soon as possible. We've prepared thousands of H-1B visa applications in our 30+ years of practice and can help employers develop an H-1B strategy—ensuring everything from identifying the right individuals for the H-1B visa to meeting critical deadlines.
 
GoffWilson exclusively practices immigration law and has guided a multitude of employers through the H-1B process over our decades of practice—from registration to filing a complete petition. Contact GoffWilson today to discover how we can help set you up for success this H-1B season.
 
Filed under:H-1B Visa, Immigration Law
Home | GoffWilson, P.A. © 1998 | 2024 All Rights Reserved | info@goffwilson.com | Toll free: 800.717.8472