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Posts Tagged ‘Employment Authorization’

USCIS annually disposes of E -Verify records that are 10 years old or older

Thursday, December 14th, 2017

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USCIS must dispose of E-Verify records that are over ten years old – those dated on or before December 31, 2007.  E-Verify encourages you to record the E-Verify case verification number on the relating Form I-9, Employment Eligibility Verification, and to retain the Historic Records Report with Form I-9. For more information and guidance on downloading the Historic Records Report, see the Fact Sheet and Instructions to Download the Report. For more information on Form I-9 compliance, please refer to our Employer Resource Center.

 

 

 

 

USCIS Provides FAQs on Rejected DACA Requests; White House Releases Guidance to Include in DACA Legislation

Friday, December 1st, 2017

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USCIS announces that it will release specific guidance soon about the steps that a DACA recipient must take to resubmit his or her renewal request to USCIS if the filing was rejected due to US Postal Service delays.
We link to the FAQs posted on the ILW.com website:
http://discuss.ilw.com/content.php?8994-News-USCIS-Provides-FAQs-on-Rejected-DACA-Requests

 We are updating this post 12/2/2017 with guidance released by the White House providing an outline of the Trump administration’s proposals on immigration. The principles were sent to Congressional leadership with a cover letter demanding these reforms be included in any legislation that addresses protection for Deferred Action for Childhood Arrivals (DACA) recipients. The seven-page document includes an expansive list of legislative demands that cover the border, interior of the country, and an overhaul of the U.S. immigration system. The principles, however, read like a wish list of ways to drastically curtail immigration and target immigrants.  It remains to be seen what the end result will resemble when Congress gets involved.  We will keep you posted as the wheels start to churn in the House and Senate.

New Administration Indicates Trump is Placing DACA on Backburner for Now

Thursday, January 26th, 2017

Jobs_iStock_000016785771XSmall (2)By:  Allison McDonnell, Content Coordinator

Despite repeated campaign promises to take immediate action upon taking office, the new administration has now indicated that Present Donald Trump will not be immediately dismantling the Deferred Action for Childhood Arrivals (DACA) program instituted by Barack Obama in 2012.

The administration has been tight-lipped about their intentions with DACA since Trump took office a short time ago.  When asked about when Trump will take action on DACA at a recent press briefing, White House Press Secretary Sean Spicer sidestepped the question and placed little emphasis on DACA as an action item.  Spicer went on to state that the President and administration’s main focus and priority is on immigrants with criminal records and will “prioritize the areas of dealing with the immigration system — both building the wall and making sure that we address people who are in this country illegally.”

Similarly, White House Chief of Staff Reince Priebus failed to clearly expound on the President’s intentions for DACA recipients, known as DREAMers.  Although during the presidential campaign Trump vehemently claimed that he would immediately overturn Obama’s executive action on DACA, Priebus indicated that DACA might not be addressed with a quick fix.  While Priebus failed to make any exacting commitments on the topic, he strongly indicated that Trump will not be signing any executive actions on DACA in the week following his inauguration.

Instead, Trump seems to have pledged to work with Congress to assist DREAMers.  Chief of Staff Priebus has suggested that the administration will work with the House and Senate leaders to build a long-term solution.  This seems to match a statement Trump made late last year during a Time Magazine interview that, while he does intend to overturn Obama’s executive action, he will also be looking for a compromise that will not disadvantage young immigrants.

On a similar positive note, a resolution for immigration reform was approved last week by The United States Conference of Mayors.  This resolution calls for the continuation of programs protecting DREAMers and the need to adopt an approach that welcome immigrants, stating “…we stand united as mayors through the United States Conference of Mayors in calling on Congress to fix our broken immigration system and immediately begin working toward the enactment of comprehensive immigration reform legislation.”

The U.S. Department of Homeland Security (DHS) has articulated enforcement priorities that mirror what Spicer and Priebus have stated – that national security threats and criminals will be priority number one for the time being. And, U.S. Citizenship and Immigration Services (USCIS) continues to process DACA applications without change.  For now, over 741,500 DREAMers who benefit from the DACA program will have to continue to wait to see what their future may hold.

 

 

 

 

 

I-9/E-Verify News: Recent Social Security Administration Guidance and Updates

Thursday, February 28th, 2013

The SSA Program Policy Information Site contains the public version of the Program Operations Manual (POMS).  The POMS is a primary source of information used by Social Security employees to process claims for Social Security Benefits.

Today, SSA issued updates on several topics of interest to our readers and clients concerning I-9, EAD and SSA document examination and interpretation, as follows:

1)       EAD’s for NIVs:  https://secure.ssa.gov/poms.nsf/lnx/0110211420

2)       How to Verify Asylee Status:  https://secure.ssa.gov/poms.nsf/lnx/0110211213

3)      Evidence of Asylee Status When Form I-94 (Arrival and Departure Record) is Submitted:  https://secure.ssa.gov/poms.nsf/lnx/0110211207

4)      Evidence of Asylee Status for an SSN Card:  https://secure.ssa.gov/poms.nsf/lnx/0110211205

You will find this a wealth of excellent information and a great resource.  Should you have any questions or comments, please feel free to contact our office.

 

 

“D.A. Day” 08/15/12: Deferred Action Ready For Launch | Update from Immigration Compliance Group

Tuesday, August 7th, 2012

By:  Timothy Sutton, Communications Editor

The United States Citizenship and Immigration Services (USCIS) have released a brochure, flyer, information on avoiding scams and hosted a teleconference regarding the launch date of the Deferred Action Childhood Arrivals (DACA) Application effective August 15, 2012. USCIS has provided a wealth of detailed information in various forms to clarify the deferred action application procedures. The popular media format of the flyer will likely be the most effective educational tool used with those eligible for the program. The timeline format and accompanying info-graphics are matched with concise language that aid the reader’s understanding.

Below are some highlights of the latest updates to the application procedure shared by USCIS Director Mayorkas on Friday, August 3, 2012:

Requesting Deferred Action

The government filing fees will be $465 in total for the deferred action application, the employment authorization document and the biometrics/background check.

Director Mayorkas stated that the information provided to USCIS on a request for Deferred Action (DAC)A request is protected from disclosure to U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) for the purpose of immigration enforcement proceedings unless the requestor meets the criteria set forth in USCIS’s Notice to Appear guidance (www.uscis.gov/NTA).  Individuals whose cases are deferred pursuant to the consideration of deferred action for childhood arrivals process will not be referred to ICE. The information may be shared with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for assistance in the consideration of deferred action for childhood arrivals, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a criminal offense. The above information sharing policy covers family members and guardians, in addition to the requestor.

There is no reapplication or appeals process for a failed application.

Biographic and biometric background checks are required. Immigration crimes are not factored into criminal history.

At this time, extensions of the 2 year deferred action status will be available.

Unlawful presence status is put on hold once deferred action status is granted.

If denied, cases will only be referred to removal proceedings under exceptional circumstances.

Qualifying For Deferred Action

  • Individuals must not have current immigration status.
  • Individuals detained by USCIS may only request qualification through their detention officer.

What documents will be required? Financial, medical, school, employment, and military records sufficient to show both entry before age of 16, as well as residence for at least five years preceding June 15, 2012.  Affidavits alone will generally not be sufficient evidence, but may support a shortcoming in documentation regarding casual departures or continuous residence.  USCIS will not accept affidavits in support of meeting the below requirements.  You may request consideration of deferred action for childhood arrivals if you:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
  6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.  Driving under the influence is considered a significant misdemeanor.
  • Note:  *Circumstantial evidence will not be considered for age on June 15, 2012 or school/veteran status.
  • Travel prior to August 15, 2012 must be brief, casual, and innocent in nature.
  • If false or misrepresented information appears on the application, unlawful status is upgraded to enforcement priority, subject to immediate criminal prosecution and removal.
  • There is no expedited processing for deferred action.
  • Employment authorization requires demonstration of “an economic necessity for employment.”
  • Relatives are not covered under deferred action unless they independently qualify
  • TRAVEL:   Question – If my case is deferred pursuant to the consideration of deferred action for childhood arrivals process, will I be able to travel outside of the United States?  Not automatically. If USCIS has decided to defer action in your case and you want to travel outside the United States, you must apply for advance parole by filing a Form I-131, Application for Travel Document and paying the applicable fee ($360). USCIS will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request. Generally, USCIS will only grant advance parole if you are traveling for humanitarian purposes, educational purposes, or employment purposes. You may not apply for advance parole unless and until USCIS defers action in your case pursuant to the consideration of deferred action for childhood arrivals process. You cannot apply for advance parole at the same time as you submit your request for consideration of deferred action for childhood arrivals. All advance parole requests will be considered on a case-by-case basis.

Subscribe to our blog for breaking news and updates on deferred action and other immigration laws.  We are starting to work with clients on documentation gathering.  Should you have questions or wish to engage the services of our office, please contact us at 562 612.3996 or email us at:  info@immigrationcompliancegroup.com

Resources:  The USCIS “How do I Guide”  –  USCIS FAQs

 

 

E-Verify | SSA and DHS TNC’s

Tuesday, April 5th, 2011

The employer will receive a SSA TNC when the:

  1. Name, SS# or date of birth is incorrect in SSA records
  2. Name change was not reported to SSA
  3. Citizenship or immigration status was not updated with SSA
  4. SS record contains another type of error

The employer will receive a DHS TNC when the:

  1. Name, A# and/or I-94 number are incorrect in DHS records
  2. Information was not updated in the employee’s DHS records
  3. Citizenship or immigration status changed
  4. Record contains another type of error
  5. ID photograph differs from the photograph in DHS records
  • The employer informs the employee and prints and reviews the TNC
  • The employee chooses to “contest” or “not contest” the TNC
  • Refer the employee to the appropriate agency if the TNC is contested
  • The employee has 8 Federal Government workdays from the date of referral to visit or call the appropriate agency to resolve the discrepancy.
  • Employee continues to work while the case is being resolved
  • Once resolved, they should inform the employer
  • With both a SSA TNC and a DHS TNC, a response is electronically sent to the employer through the system.  The employer should check E-Verify periodically for the response

TNC Case Resolution

  • The employer will receive one of three results:

Employment Authorized |  Final Non-confirmation  |  Review/Update Employee Data then Resubmit

USCIS Announces Employment and Travel Documents will be Single Cards

Monday, February 14th, 2011

If you prefer to listen to a podcast of our news blog, you can access it here.

Last week, USCIS announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485. This new card represents a significant improvement from the current practice of issuing paper Advance Parole documents.   A sample card and FAQs can be found here.

The card looks similar to the current Employment Authorization Document (EAD) but will include text that reads, “Serves as I-512 Advance Parole.” A card with this text will serve as both an employment authorization and Advance Parole document. The new card is also more secure and more durable than the current paper Advance Parole document.

An applicant may receive this card when he or she files an Application for Employment Authorization, Form I-765, and an Application for Travel Document, Form I-131, concurrently with or after filing Form I-485. USCIS will continue to issue separate EAD and Advance Parole documents as warranted. Employers may accept the new card as a List A document when completing the Employment Eligibility Verification, Form I-9.  The back of the card retains the machine-readable zone (MRZ) which was introduced on EADs back in May of 2010.  The new document is evidence of “temporary” work authorization which has an expiration date that will need to be reverified in order for the employee to maintain their work authorization in the USA.  The reverification can be indicated on Section 3 of the I-9 form or by completing a new I-9 form.

Note that the EAD card for those employers that participate in E-Verify, is one of three documents which must be photocopied and retained by the employer during the I-9 process as part of the E-Verify photo matching requirement.

As with the current Advance Parole document, obtaining a combined Advance Parole and employment authorization card allows an applicant for adjustment of status to travel abroad and return to the U.S. without abandoning the pending adjustment application. Upon returning to the U.S., the individual who travels with the card must present the card to request parole through the port-of-entry. The decision to parole the individual is made at the port-of-entry. Individuals who have been unlawfully present in the U.S. and subsequently depart and seek re-entry through a grant of parole may be inadmissible and ineligible to adjust their status.