Saturday, August 30, 2014

Executive Immigration Action Timing and Content Debated

President Obama's expected executive action with regard to the Central American border crisis and legal immigration reform is now the subject of media speculation as to both timing and content.

The political timing of such an announcement has reportedly been the subject of debate within the White House. Democratic candidates running in Arkansas, Louisiana, North Carolina and Iowa may be adversely affected by a pre-election immigration executive order that would be unpopular with voters in those states. Loss of Democratic control of the Senate would result in Republican control of both houses of Congress. Such a situation would create new problems for the President for the rest of his second term.

Nevertheless, the Administration is committed to addressing the border crisis and a legal immigration system that is badly in need of an overhaul. After President Obama's June 30, 2014 remarks that he would use his executive powers to address immigration issues that Congress did not resolve, business and other interest groups have been meeting with the White House with reform wish lists.

Business groups have requested overhaul measures for the legal workforce.  One proposal would exclude dependents from the numerical cap on employment-based green cards, which is now 140,000 a year. The change could, in effect, double the number of green cards available. A second proposal would "recapture" unused employment green cards from previous years, which could produce more than 200,000 new green cards.

Monday, August 25, 2014

I-9 Central-The USCIS Employer Resource

Do you know about the USCIS I-9 Central, the online resource for your Form I-9 verification responsibilities?

I-9 Central has links to popular I-9 topics such as:

 ·       Acceptable Documents
·         Retain & Store Form I-9
·         Employee Rights & Discrimination
·         Penalties
·         About Form I-9
·         Customer Support
·         I-9 Central Questions & Answers

Employee Email Addresses for I-9s and E-Verify

When the email address is voluntarily provided by the employee in section 1 of the I-9 form, USCIS has directed employers to supply that email address when inputting E-Verify information. If the email address information is left blank, employers should not provide that information.

The USCIS has indicated that email information will allow the E-Verify system to directly notify an employee with regard to a Tentative Nonconfirmation (TNC). TNCs occur when the information an employer provides to E-Verify about an employee does not match data found in either U.S. Department of Homeland Security or Social Security Administration records. To date, employees learned of TNCs only through their employers. Now, if an employee voluntarily provides his or her email address on the new Form I-9, the employee will be notified by USCIS directly through that email address. According to the USCIS there are now four possible emails an employee may receive, as follow

Notification from E-Verify of a Tentative Nonconfirmation, A tentative nonconfirmation (TNC) occurs if the information your employer entered in E-Verify from your Form I-9 did not match Department of Homeland Security (DHS) or Social Security Administration (SSA) records. A TNC case result does not necessarily mean that you are not authorized to work in the United States. 
  1. An email confirming that the employee has decided to contest the TNC and that the employer referred the case to DHS or SSA. This email also states the date by which the employee must contact DHS or SSA to begin to resolve the TNC. 
  2. An additional email will be sent if the employee decided to contest the TNC but has not contacted DHS or SSA within four days of the date that the case was referred.
 This email is not related to a TNC. When E-Verify confirms employment eligibility for a naturalized citizen according to DHS records, but also finds that records with SSA have not been updated since the employee naturalized, the email will advise the employee to visit an SSA field office to update the record