The Information you need - for the decisions that determine your future.
The Law Offices of Stuart J. Reich is dedicated to providing sound, accurate, and timely advice and information so that you can make the right call for your family, your career or your business. This site is designed to get you the most information in the most efficient manner, but every situation is unique - contact us today so we can help you find the best solution!
1/30/2009 - New I-9 Rule/Revised Form Postponed [Nevermind!]
USCIS has postponed implementation of the new I-9 regulation and use of the revised I-9 form, apparently at least partially in response to public outcry at the fast turnaround between announcement of the change and implementation.
Implementation of the new rule and Revised I-9 form is tentatively rescheduled for April 3, 2009. The comment period on the new rule will be kept open through March 4, 2009.
For the time being, employers should continue to use the current version of the form, last revised June 5, 2007, and abide by the current rules.
It appears that employers will still need to content with the new regulations and new form, but will have a slightly longer time in which to prepare. This is good news for those responsible for completing I-9 documentation as well as those responsible for training the responsible parties.
U.S. Employers, hiring managers, and HR managers.
1/29/2009 - Reminder: New I-9 Regulation and Revised I-9 form Effective February 2
Remember that as of February 2, 2009, the new I-9 regulation and revised I-9 form released by USCIS on January 19 go into effect. Employers should be using the new form - and abiding by the new regulations - as of that date.
See our January 19 update for further information about the changes and links to the new form.
The new rule and new form contain some major changes - such as elimination of acceptability for expired documents, additions of several new acceptable documents, and removal of certain older Employment Authorization Document versions. It is therefore important that those responsible for completing the I-9 process be prepared.
U.S. Employers, hiring managers, and HR managers.
1/19/2009 - Revised I-9 Form Released by USCIS
U.S. Citizenship and Immigration Services has released a new edition of the I-9 Employment Eligibility Verification Form. This form must be completed by almost all U.S. employers for all new hires since November of 2006, normally in the first three days of employment (or on the first day if the employment will last only one day).
Company officials responsible for the I-9 process need to stay up-to-date on the changes, and those responsible for training of those handling the process should be quick to get guidance into the pipeline considering the short turnaround between announcement and effective date.
U.S. Employers, hiring managers, and HR managers.
4/18/2008 - USCIS Announces that Change of Status Will Be Permitted for F-1 Students Applying for H-1B Visas
U.S. Citizenship and Immigration Services has announced that foreign nationals present legally in F-1 student status, but who have had petitions filed for them by employers in the first week of April seeking H-1B status for of fiscal 2009, can change status to H-1B even though their F-1 status will normally expire before the start of fiscal 2009 on October 1. Of course, this will impact only the approximately one-third of H-1B petitions submitted fortunate enough to have been selected for processing in the random lottery.
This provides an enormous convenience to F-1 students seeking to obtain initial H-1Bs and their sponsoring employers (at least to those selected in the lottery). These students will no longer need to leave the U.S. to wait abroad, and then obtain a visa stamp at the consulate before returning to the U.S. When combined with the extensions of Optional Practical Training employment authorization for certain fields in future years, it will avoid any interruption in employtment.
Lottery-selected F-1 students applying for initial H-1Bs and their employers.
4/16/2008 - USCIS Announces it has Completed Lottery to Select H-1B Cases for Processing
U.S. Citizenship and Immigration Services has completed the lottery process to determine which of the H-1B cases received in the first week of April will be accepted for processing both under the 20,000 U.S.-University Advanced Degree cap and the 65,000 general H-1B cap. Recall that, as expected, far more H-1B petitions were received that allowed for next fiscal year under these numerical limits for the second year in a row, with a lottery process as the only fair way to determine who will be given one of these coveted specialty-occupation visas.
Most of those who filed H-1B petitions should be informed relatively soon as to whether their petition will be processed or not, thus allowing them to plan appropriately for the coming year. Those who are wait-listed are placed in the most precarious position in some ways; they may still be able to avail themselves of H-1Bs but without this certainty all planning in necessarily tentative.
Employers seeking initial H-1B visas for the next fiscal year, and the potential employees they seek to sponsor.