Immigration

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DHS recently issued a new I-9 form. This new version is mandated starting May 1. The old form expired last year and DHS had temporarily extended its validity. The new form is essentially the same as the older version. DHS made minor technical updates to the instructions. All of the pre-existing I-9 rules and regulations remain intact. The new I-9 form can be found at:  https://www.uscis.gov/i-9…
Continue Reading DHS Issues New I-9 Form — Required by May 1 for New Hires and Reverifications

Lately, ICE has been more active in making arrests of undocumented individuals. Statistically however, the number of arrests are very small and the “bark” is much bigger than the “bite.” Nonetheless, it is helpful for employers and other stakeholders to know what the required protocols and duties are if ICE shows up, employee rights, and bystander rights. Below is a quick checklist to help you along with important guidance.

Major Points

  • Immigration is a civil matter, not criminal. The majority of ICE warrants are administrative civil warrants.
  • ICE priorities are arresting those with criminal convictions and those who have been previously ordered removed (absconders). ICE may pursue these activities in public areas.
  • Anybody arrested by ICE has the right to counsel.
  • ICE agents are federal employees that are working as directed. Nonetheless, it is the policy of most employers that ICE activities focusing on the personal immigration issues of an individual shall not take place on company property.
  • If an ICE agent does attempt to arrest someone on company property, do not interfere as that will complicate matters. However, please contact your manager and they will coordinate with HR and Legal.
    Continue Reading ICE May Visit Your Company or University Campus – a Quick Checklist and Guidance

Government shutdowns seem to be the norm these days. Whether they last 6 days or 60 days, the impact on E-Verify and visas is the same.

Since the partial government shutdown began on Dec. 22, 2018, while lawmakers discuss immigration reform for the future, several key functions of the Department of Homeland Security (DHS) and the Department of Justice (DOJ) are now being affected in ways that touch many individuals and employers.…

Continue Reading When the Government Shuts Down: The Impact on E-Verify, I-9’s, and Visas

California Assembly Bill (AB 450) is a bold move by the State Legislature to enter the I-9 arena – an area that has long been recognized as within the domain of the federal government. The Bill was signed by Governor Jerry Brown in October 2017 and becomes law on January 1, 2018.

The Bill amends the state Labor and Government codes and requires California employers to perform various notifications to their employees if U.S. Immigration and Customs Enforcement (ICE) audits the company’s I-9’s.
Continue Reading A Solution in Search of a Problem: The California Legislature Imposes Duties for Employers When ICE Audits Your I-9s

A few weeks ago, we wrote about the latest district court decisions involving the President’s so-called travel ban, in which a Hawaii court fully enjoined the proclamation, while a Maryland court allowed it to stand as to travelers without bona fide ties to the U.S. The Hawaii court’s order meant that Travel Ban 3.0 was put on hold.
Continue Reading The Latest Turn in the Travel Ban Road

USCIS announced on September 5, 2017, that they are phasing in a rescission of the Deferred Action for Childhood Arrivals program (DACA). The DACA program began in 2012 and granted temporary status and work permits to the “dreamers” who came here as children without visas. Here’s a summary of how the new rules will impact your employees that have DACA status:…
Continue Reading The Rescission of DACA – A Quick Overview of How This Impacts Your DACA Employees

On July 17, 2017, U.S. Citizenship and Immigration Services (“USCIS”) issued a revised Form I-9. The new form must be used by September 18, 2017.

The revised form has only one substantive change. A new List C Document was added as an acceptable document – a Consular Report of Birth for a U.S. citizen who was born abroad.

The new I-9 form can be accessed here.

Employers must maintain a completed Form I-9 on file for every employee on their payroll who was hired after November 6, 1986 and for terminated employees during the required retention period. The purpose of the Form I-9 is to require the employer to establish the employee’s identity and authorization to work in the U.S.
Continue Reading USCIS Issues New I-9 Form: Commentary and I-9 Checklist for Employers

Procedural History

In August 2016, the Department of Homeland Security proposed an “International Entrepreneur” parole rule that would allow qualifying foreign entrepreneurs to develop and grow their start-up companies in the United States. After public comment, the rule was finalized and released in the closing days of the previous Administration.
Continue Reading Dear Congress: Your District Needs a New E-4 Visa for Promising Entrepreneurs

The last two weeks in Washington have been very eventful in the immigration field.  In light of the travel restrictions recently imposed by the President’s executive order, we are now advising our U.S. clients who have foreign national employees in the U.S. and who hold nationality from a country that has been the subject of significant security concerns to consider remaining in the U.S. until the State Department and DHS announce new procedures for applying for travel visas using additional background checks.  In some cases, foreign nationals may have to file an extension of status with USCIS in the U.S. to allow them to remain longer. In other cases, it may be impractical for individuals to stay, but they should know that they risk being unable to return for at least several months if they depart.  Affected clients should consult with counsel first.
Continue Reading Sheppard Mullin Travel Advisory and Immigration Update