Last October, CA was the 10th state to sign into law driver’s “permits” for undocumented immigrants. In response to an email concerning this topic and whether this would be an acceptable List B document for I-9 purposes, the OSC posted a Technical Assistance letter response a few days ago on its website.

It has been my understanding that the permits will contain language that states that they are not to be used for “federal official purposes,” and will contain a notice on the card that reads: “This license is issued only as a license to drive a motor vehicle. It does not establish eligibility for employment, voter registration, or public benefits. ”

The matter, however, is timely addressed and is a reminder to examine driver’s licenses more closely and read the fine print on the front and back. Here’s a link to the letter that was posted on Feb. 7th. You’ll see it posted under the heading “Fiscal Year 2014.”

Also, here’s an article with an example of the card being used in Illinois stating “not valid for identification” indicated  very clearly at the top of the card.

If any of our readers more recently have run across one of these cards presented during the I-9 process, please share with us.

The USCIS held a public engagement stakeholder conference on February 2, 2011 where Director Mayorkas announced several new initiatives that they would be launching. We’ll address a few of them, as follows:

1. A partnership with DMV so that they have the capability of accessing the DMV database.  More on this to follow
2. USCIS “Mobile”:  A program that will enable mobile units to access areas within communities that are not being served by pro bono organizations
3. The Secure Mail Initiative:  A partnership with the US Postal Service to ensure that important mail is forwarded and involves sending the secure documents using   Priority Mail with Delivery Confirmation. Using this process allows them to track each individual piece of mail electronically through the U.S. Postal Service and speeds our delivery time while enhancing accountability.  Unfortunately this does not include at this time the mailing of receipt or appointment notices.  Although no plan is perfect, it seems like this new method of mailing important immigration documentation will ensure document receipt in most cases as the recipient, or someone in the same household, will be required to confirm delivery of this documentation.
4. The VIBE Program:  USCIS first announced VIBE back in May 2010 and apparently the beta testing that was supposed to start in June has been delayed until now.  Petitioning employers could possibly begin to see more questions from USCIS about their business operations, commercial activities, structure and employee population.  The program will use Dun & Bradstreet (D&B) databases to verify employer information that is required in certain employment-based petitions. The program is supposedly designed to reduce the documentation that employers are now required to submit with each filing.  VIBE will be used to confirm a petitioner’s ownership, date of establishment, current address, financial information and their relationship with other entities, to name a few.  We highly advise employers to be proactive and update their D&B information and correct any errors.  VIBE will be used to verify I-129 nonimmigrant petitions for E, H-1B, L-1, L blanket, and TN classification, among others.  The I-140 immigrant petitions in the employment-based first preference (EB-1) subcategories for outstanding professors and researchers and multinational managers will also be verified through VIBE, as will EB-2 advanced-degree professional and exceptional ability cases and EB-3 professional, skilled and unskilled worker petitions. VIBE will not be used in for EB-1 extraordinary ability, EB-2 national interest waiver or EB-5 immigrant investor classification, or for O and P nonimmigrant petitions.  The VIBE Program could mean that employers may receive more USCIS requests for evidence (RFEs) and notices of intent to deny (NOIDs)  on immigration petitions, which could cause delays in processing. Be alert to the fact that USCIS plans to issue RFEs or NOIDs when the information provided in an employment-based petition conflicts with the Dun & Bradstreet databases that appear to be the program’s significant resource.
5. “I-9 Cental”  Website:   USCIS will be announcing a new I-9 form compliance website that’s supposed to be available in the Spring of 2011.  The website will provide detailed guidance on how to complete the I-9 form.  The website is supposed to offer smart features such help text, drop down boxes and other interactive tools to help guide the employer and to prevent some of the most comon errors from occurring. 

 We will continue to update on VIBE and I-9 Central as well as other USCIS new initiatives as we hear about them.