The German government has published and approved a draft bill that would modernize German nationality law. If this draft bill should become law, German expats in the US would no longer need to obtain a retention permit (Beibehaltungsgenehmigung) from the German government before becoming naturalized US citizens. Please contact attorney Clemens Pauly with your questions concerning this topic.
Category: Uncategorized
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The Florida Bar’s new 2017 Legal Survival Guide for Young Adults
Please see this YouTube Video from the Florida Bar, informing young adults turning 18 years old about a new app that The Florida Bar has developed:
This and other legal news is available to the public on FloridaBarNews.TV.
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President Trump’s Executive Action – A Recommendation to All Employers to Audit their I-9 forms
As the President issued a number of Executive Orders, one of the Executive Orders entitled “Enhancing Public Safety in the Interior of the United States” dated January 25, 2017 states in part as follows:
>>Sec. 6. Civil Fines and Penalties. As soon as practicable, and by no later than one year after the date of this order, the Secretary shall issue guidance and promulgate regulations, where required by law, to ensure the assessment and collection of all fines and penalties that the Secretary is authorized under the law to assess and collect from aliens unlawfully present in the United States and from those who facilitate their presence in the United States. [Emphasis added]<<
Please find the full text here: https://www.whitehouse.gov/the-press-office/2017/01/25/presidential-executive-order-enhancing-public-safety-interior-united [last accessed 01/27/2017]
This mandate presumably includes the agency’s fresh look at the collection of possible civil fines and penalties that can be levied against US employers who fail to properly document that their employees are authorized to work in the US.
Every US employer knows, or should know, that the employer has the duty to verify the identity and employment authorization of every employee. Detailed information concerning the proper completion of the mandatory form I-9 can be found here: https://www.uscis.gov/i-9-central
The civil money penalties for violations are listed in INA section 274A(e)(4) and range from $250 up to $10,000 per employee for who a violation is detected.
The minimum length that employers must store and retain the I-9 forms can be easily calculated using this form: https://www.uscis.gov/i-9-central/retain-store-form-i-9/retaining-form-i-9
US employers who have not recently reviewed their personnel records and I-9 forms, should take this Executive Order as an important reminder and incentive to conduct an internal I-9 audit right away to ensure that they are in compliance or become compliant right away.
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Staffing company fined almost $210,000 for failure to properly file I-9 forms
A recently published decision by the Office of the Chief Administrative Hearing Officer (OCAHO) again shows how important it is for US employers to comply with the I-9 form filing requirements for each employee.
In United States v. Golden Employment Group, Inc., 4/27/2016, 12 OCAHO no. 1277, the Administrative Law Judge (ALJ) found a total of 465 violations, ranging from incorrect completion of the form, to untimely presentation of the forms in response to an inspection notice, to the most serious, the complete lack of the form for the employee. Immigration and Customs Enforcement (ICE) had determined an error rate of 35% and the Judge pointed out in a preceeding intermim order that the participation in the E-Verify program did not insulate the employer from the requirements of properly filing the I-9 forms. (United States v. Golden Employment Group, Inc., 4/1/2016, 12 OCAHO no. 1274).
The ultimate fine of almost $210,000 represented a penalty in the middle range of possible fines.
Published OCAHO orders can be found here: http://www.justice.gov/eoir/OcahoMain/ocahosibpage.htm#PubDecOrders.
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FY 2014 H-1B Visa Cap Reached
USCIS announced in a press release on 4/8/2013 that the H-1B visa cap has been reached.
Here the text of the announcement:
For the first time since 2008, U.S. Citizenship and Immigration Services (USCIS) has reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption.
USCIS received approximately 124,000 H-1B petitions during the filing period, including petitions filed for the advanced degree exemption. On April 7, 2013, USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the advanced degree exemption limit. For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.
The agency conducted the selection process for advanced degree exemption petitions first. All advanced degree petitions not selected were part of the random selection process for the 65,000 limit.
As announced on March 15, 2013, USCIS has temporarily adjusted its premium processing practice. To facilitate the prioritized data entry of cap-subject petitions requesting premium processing, USCIS will begin premium processing for H-1B cap cases on April 15, 2013. For more information on premium processing for FY 2014 cap-subject petitions, please see the related USCIS Alert.
USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the congressionally-mandated FY 2014 H-1B cap. Accordingly, USCIS will continue to accept and process petitions filed to:
extend the amount of time a current H-1B worker may remain in the U.S.;
- change the terms of employment for current H-1B workers;
- allow current H-1B workers to change employers; and
- allow current H-1B workers to work concurrently in a second H-1B position.
U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields including, but not limited to: scientists, engineers, or computer programmers.
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US Employers: New Employment Eligibility Verification Form I-9 Released
Important for all US employers: USCIS released a revised version of the Form I-9 today and posted the following press release:
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today published a revised Employment Eligibility Verification Form I-9 for use. All employers are required to complete a Form I-9 for each employee hired in the United States.
Improvements to Form I-9 include new fields, reformatting to reduce errors, and clearer instructions to both employees and employers. The Department of Homeland Security has published a Notice in the Federal Register informing employers of the new Form I-9.
Effective 03/08/13:
- Employers should begin using the newly revised Form I-9 (Rev. 03/08/13)N for all new hires and reverifications.
- Employers may continue to use previously accepted revisions (Rev.02/02/09)N and (Rev. 08/07/09) Y until May 7, 2013.
- After May 7, 2013, employers must only use Form I-9 (Rev. 03/08/13)N.
The revision date of the Form I-9 is printed on the lower left corner of the form. Employers should not complete a new Form I-9 for current employees if a properly completed Form I-9 is already on file.
A Spanish version of Form I-9 (Rev. 03/08/13)N is available on the USCIS website for use in Puerto Rico only. Spanish-speaking employers and employees in the 50 states, Washington, D.C., and other U.S. territories may use the Spanish version for reference, but must complete the English version of the form.
The revised forms are available in English and Spanish online at www.uscis.gov. For more information, please call 888-464-4218. Representatives are available Monday through Friday, from 8 a.m. to 5 p.m. ET. USCIS maintains a website, I-9 Central, to support Form I-9 users. USCIS has also scheduled free webinars to help employers learn about the new form.
To order forms, call USCIS toll-free at 1-800-870-3676. For downloadable forms and information on USCIS programs, immigration laws, regulations, and procedures, please visit www.uscis.gov. Follow us on Facebook, Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.
