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Archive for July, 2016

Provisional Waiver of Unlawful Presence Expands to Include Family Members of Legal Permanent Residents as of 08/29/2016

Saturday, July 30th, 2016

Great News! USCIS announced a final rule expanding the existing provisional waiver process to allow certain individuals who are family members of U.S. citizens and NEWS_dreamstime_s_36930151 (2)now  lawful permanent residents (LPRs), who are statutorily eligible for immigrant visas, to more easily navigate the immigration process.

The rule announced today, which goes into effect on Aug. 29, 2016, expands eligibility for the provisional waiver process to all individuals who are statutorily eligible for the waiver of the unlawful presence ground of inadmissibility. USCIS expects to update its Policy Manual to provide guidance on how USCIS makes “extreme hardship” determinations in the coming weeks.

The final rule also makes changes to Form I-601A, Application for Provisional Unlawful Presence Waiver.  These changes will go into effect along with the final rule.  The updated form will be posted on USCIS’ website at uscis.gov/i-601a on August 29, 2016.

Applicants should not submit a request for a provisional waiver under the expanded guidelines until the final rule takes effect on Aug. 29, 2016.  If you do so before that date, USCIS may deny the application.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis), and the USCIS blog The Beacon.
Federal Register: https://www.gpo.gov/fdsys/pkg/FR-2016-07-29/pdf/2016-17934.pdf

 

DOJ issues interim final rule increasing fines 35-96% for employing unauthorized workers

Friday, July 8th, 2016

Searching for a Niche Group - Magnifying Glass

This rule implements as an inflation adjustment fines for employing unauthorized workers for Form I-9 paperwork violations, and for immigration-related discrimination. These new fines increase the penalties from 35% to 96% depending on the nature and severity of the violation.

We encourage you to review your policies, procedures and your Form I-9 inventory.  Remember, the key to defending any employment related investigation is to evidence that there is and has been a consistent pattern of responsible, good faith effort on the part of the employer in establishing a compliant workforce.

Refer here for the details.