Follow Us:

Posts Tagged ‘Work Authorization’

DACA | DAPA — Get the Facts Here

Monday, February 2nd, 2015

Passport immigration stamp

 

This is an excellent resource released by USCIS in both English and Spanish.  You can also enter your email address and sign up for updates.

These flyers explain the guidelines that take effect for expanded DACA on Feb. 18, 2015, and how people can prepare for requesting DAPA once it becomes available in mid-to-late May.

ITIN Numbers: IRS Changes Policy

Tuesday, December 11th, 2012

The IRS issues ITIN’s (Individual Tax Identification Numbers) to individuals who are required to have a U.S. taxpayer identification number but who do not have, and are not eligible to obtain a Social Security Number (SSN) from the Social Security Administration (SSA).  ITIN’s are for federal tax reporting purposes only and not for any other purpose.  An ITIN does not provide work authorization in the USA, and does not provide eligibility for social security benefits.

The key change is that, for the first time, new ITINs will expire after five years. The IRS speculates that this change will help ensure ITINs are being used for legitimate tax purposes. Taxpayers who still need an ITIN will be able to reapply at the end of the expiration period. This step will provide additional safeguards to the ITIN program to help ensure only people with legitimate tax purposes are using the numbers. In addition, the IRS will explore options, through engagement with interested groups, for deactivating or refreshing the information relating to previously issued ITINs.

As part of its review process, the IRS heard from stakeholders that it is difficult in some instances for individuals to be without documents such as passports for extended periods. As a result, the IRS determined that trusted outlets other than its centralized ITIN processing site need to be available to review original documentation. As part of this recognition, while original documents or copies certified by the issuing agency are still required for most applicants, there will be more options and flexibility for people applying for an ITIN.  These options provide alternatives to mailing in passports and other original documents.

Certifying Acceptance Agents (CAAs) – an important intermediary in the ITIN application process – will be able to engage in the ITIN process by reviewing original documents or copies certified by the issuing agency, but will be subject to new safeguards. CAAs will be required to certify to the IRS that they have verified the authenticity of the documents supporting the ITIN application. For certain ITIN applicants, this provides an option where they will not need to mail original documents such as passports.

The new rules do not apply to spouses and dependents of U.S. military personnel who need ITINs or to nonresident aliens applying for ITINs for claiming tax treaty benefits.

With respect to dependent children, in order to adequately substantiate identity and foreign status and protect important child tax credits, ITIN applications submitted to IRS by a CAA will continue to be required to include original documentation. For children under six, one of the documents can include original medical records. For school-age children, the documentation can include original, current year school records such as a report card.

Note to DACA Recipients:  DREAMers with deferred action are eligible to apply for a SSN and should transfer their existing credit history to that number. Additionally, DREAMers must also contact the IRS to rescind their existing ITIN as an individual cannot have an ITIN and Social Security number at the same time.  Most undocumented Americans are not eligible for a SSN but are eligible for an Individual Tax Identification Number. With an ITIN, individuals can take advantage of certain financial opportunities, such as applying for credit cards and obtaining loans. Thus, many DREAMers with ITINs have extensive credit histories that they’ve built over the past few years.  DREAMers with deferred action are eligible to apply for a SSN and should transfer their existing credit history to that number. Additionally, DREAMers must also contact the IRS to rescind their existing ITIN as an individual cannot an ITIN and Social Security number at the same time.  For more, refer here

Social Security Information on ITIN and SS cards can be accessed here

REMINDER: New E-Verify Laws; Some go into Effect January 1, 2013

Wednesday, December 5th, 2012

As follows:

•Georgia: Companies employing more than 10 persons must register for E-Verify by July 1, 2012.
•North Carolina: Companies employing more than 100 persons must be registered for and using the E-Verify system on January 1, 2013.
•Pennsylvania: State contractors and sub-contractors must register for E-Verify beginning January 1, 2013 – but only if the project is greater than $25,000.
•Tennessee: Companies employing more than 5 persons must register and begin using E-Verify by January 1st.

Businesses within the above 4 states will need to collect an employee’s Social Security number and E-Verify all candidates before employing.

For more on E-Verify by state, we link here, compliments of LawLogix (www.lawlogix.com).

Form I-9: ABC Tree Cuts $2,000,000 Deal With ICE | Immigration Compliance Group News

Tuesday, May 29th, 2012

By:  Timothy Sutton, Communications Editor

For the Houston based ABC Professional Tree Service, Inc., firing non-compliant workers and implementing E-Verify was too little too late. Even after implementing E-Verify and firing hundreds of workers following an ICE audit in 2008, the Immigration Customs Enforcement agency of the Department of Homeland Security recently announced reaching a $2,000,000 non-prosecution agreement with ABC. Shockingly, the sum was based upon ICE’s estimation of profits ABC earned through illegal labor practices.

After four years of investigation, ICE did not release how the $2,000,000 figure was reached. However, they did release an estimate that up to 30% of the 2,500 ABC employees were illegally employed. In a press release on May 18, 2012, ICE espoused ABC knowingly employed illegal workers after receiving “no-match letters” from the Social Security Administration. Additionally, on March 4, 2010, two years after the initial audit, ICE seized records from the ABC Birmingham office through a federally issued warrant. Undocumented employees in the Alabama office and working in the field were detained.

Typically Form I-9 violations lead to heavy monetary penalties, but in this case ICE chose to cut a non-prosecutorial deal. It is unclear from the information released whether or not the $2,000,000 sum is more or less than ABC would have faced in fines? But more importantly, businesses like ABC who are subject to years of audits and investigations, despite implementing E-Verify and discharging employees, have little bargaining power. Consequently, the best defense against an ICE audit is total compliance. Employers would be wise to hire a professional consultant to train staff, organize existing documentation and manage future non-compliance issues. The Immigration Compliance Group has the experience and resources necessary to protect your business from an ICE audit.  Contact one of our immigration professionals at info@immigrationcompliancegroup.com or call 562 612.3996.

 

New EAD Card and new Visa Fees Go into Effect June 4, 2010

Wednesday, May 26th, 2010

USCIS today announced that it has revised the Employment Authorization Document (EAD), or Form I-766, to incorporate the addition of a machine-readable zone on the back of the card.

This update to the EAD is part of USCIS’s ongoing efforts to deter immigration fraud. Starting May 11, USCIS began issuing the revised EAD cards. The machine-readable zone is compliant with International Civil Aviation Organization standards. USCIS also removed the two-dimensional bar code on the backside of the card and moved the informational box of text to just beneath the magnetic stripe on the card.  The revised card retains all of its existing security features.

These revisions are the result of extensive collaboration among Department of Homeland Security components, particularly U.S. Immigration and Custom Enforcement, Customs and Border Protection and USCIS.  For more information on employment authorization, travel documents and other immigration benefits, visit www.uscis.gov or call USCIS¿s National Customer Service Center at 1-800-375-5283.

::::::::::::::::::::::::::

New Consular Visa Fees to Start June 4, 2010

The US Department of State announced new fees for visa applications, starting on June 4, 2010. The rule establishes a tiered structure with separate fees for different nonimmigrant visa categories. Examples of the new fees include:

include:

  • $140 fee for applicants for all visas that are not petition-based, including B1/B2 tourist and business visitor visas and all student and exchange visitor (F, M and J) visas, will pay a fee of $140.
  • $150 fee for petition-based visas, including L, H, O, P, Q and R visas
  • $350 for K-1 (fiancee) visas
  • $390 for E visas.
See the web link here and press release here.