E-Verify

by SCwpadmin SCwpadmin 76 Comments

USCIS Extends Comment Period for Changes to E-Verify Program

USCIS has extended the comment period for proposed changes to the E-Verify system. These changes would expand the information collected through the E-Verify program in two ways. First, the proposal creates a streamlined agency review process for Final Non Confirmations. Second, the proposed  changes would mandate reverification of all employees with expiring temporary work authorization, extending the use of E-Verify beyond the initial hiring process. Currently, employers must update an employee’s form I-9 with updated employment authorization documentation, but no actions are required in E-Verify. Under the proposed changes, employers will then be required to enter information from the updated I-9 into the E-Verify system.

To read a summary of the proposed changes and post a comment, visit the USCIS notice in the Federal Register. The comment period closes June 20, 2016.

by SCwpadmin SCwpadmin 86 Comments

New E-Verify Posters

E-Verify has released new E-Verify Participation and Right to Work posters that use less ink after receiving feedback on the E-Verify Listens site. Former versions of the posters are still acceptable and all E-Verify employers are required to have some version of the posters displayed.

E-Verify employers who may be interested in the development of an E-Verify mobile app can go to the E-Verify Listens site for more information or to submit ideas.

by SCwpadmin SCwpadmin 50 Comments

E-Verify to Release Revised MOUs

E-Verify will be rolling out new E-Verify Memorandums of Understanding geared toward the various types of E-Verify access methods. While the enrollment process remains unaltered, new users must sign the new MOUs, which become available on December 8, 2013. It is important to note that existing users, who are not required to sign the new MOUs, are nonetheless bound to the rules of the new MOUs.  However, existing users will want to review the new versions as readability has been improved, making the MOUs far more accessible to users.

by SCwpadmin SCwpadmin 683 Comments

Grace Period to Correct E-Verify Issues

In light of the federal government shutdown, employers who who were unable to resolve Tentative Nonconfirmations in the E-Verify system in the two weeks leading up to the shutdown may add 12 federal business days to the original date listed on the referral letters in order to resolve their cases with the Social Security Administration or the Department of Homeland Security. For those employees that received a Final Nonconfirmation or No Show as a result of the shutdown, employers must enter a new case in E-Verify in order to allow them sufficient time to attempt to resolve the situation. Employees who were hired during the shutdown must still be entered into E-Verify. Because of the shutdown, employers have until November 5, 2013 to enter them into the system and may use the ‘other’ drop-down field and select ‘federal government shutdown’ to explain why the case is not within the 3-day rule.
by SCwpadmin SCwpadmin 460 Comments

Effect of Government Shutdown on Immigration

The shutdown of the federal government does affect applying for certain immigration visas.  Fortunately, many services provided by USCIS, including processing of various petitions or applications for immigration benefits, will continue as they are fee-based.  Therefore, applying to USCIS for non-immigrant petitions or permanent residence will continue at this time.  USCIS offices are also open for interviews and appointments as scheduled.

Unfortunately, certain types of applications for immigration benefits are affected because they involve the U.S. Department of Labor, which is shutdown.  Petitions to seek H-1B or E-3 status for employees cannot be completed at this time because a necessary component of these petitions is obtaining a labor condition application from the Department of Labor.  Similarly, labor certification applications for employment-based permanent residence cannot be completed because the DOL is closed and therefore not accepting applications.  While employers can complete preliminary work such as gathering information and documents, H-1B, E-3 and labor certification applications cannot move forward to completion until the DOL reopens.

The E-verify system is also shutdown.  Therefore, employers will not be able to verify employment eligibility of any new hires or take any action in E-verify.  The Department of Homeland Security has suspended the 3 day rule for E-verify cases that are affected by the shutdown and indicated that it will provide additional guidance once the federal government is reopened.  We remind employers to be sure to continue to complete their form I-9’s for new hires within 3 days of hiring.

Immigration courts around the country are also affected.  The court has announced that it will continue to hear cases of individuals in immigration detention, but is suspending all other functions due to the shutdown.  Cases docketed during this time will be reset for future hearing dates.

The Department of State has announced that visa operations at U.S. consulates abroad will continue as they are fee-based.

We will provide further information as we receive it.

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