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New U.S. Immigration Reform Initiatives (June 18, 2024)

New U.S. Immigration Reform Initiatives (June 18, 2024)

by | Jun 18, 2024 | Blog, Recent News

The White House has announced two innovative programs aimed at addressing the deficiencies in our current immigration laws. These programs are designed to provide undocumented spouses and children of U.S. citizens, who have lived in the U.S. for over a decade, with a streamlined three-year path to legal permanent residence, bypassing the lengthy and uncertain process currently in place. Additionally, DACA recipients with U.S. degrees can now pursue employment-based green cards, marking a significant shift in policy.

Program for Undocumented Spouses and Children:

  • Undocumented spouses of U.S. citizens, who have lived in the U.S. for 10 years or more, will be eligible for work authorization and a three-year path to legal permanent residence (green card status). Their minor children will also be eligible to apply. This program eliminates the need for applicants to leave the U.S. for visa processing, which under current law can take 6-10 years with no guarantee of return.
  • Applicants will apply for Parole in Place (PIP), granting legal recognition in the U.S. and a work permit. Once PIP is approved, the U.S. citizen spouse can sponsor their spouse and minor children under 21 years old for legal permanent residence.

Program for DACA Recipients:

  • DACA recipients with a bachelor’s degree or higher from a U.S. university or college will be eligible for employment-based green cards. This marks a change from current law, which does not provide a legal pathway for these individuals to seek employment-based green cards due to their illegal entry into the U.S. as children. The program requires applicants to leave the U.S. at the end of the process for a green card interview at the U.S. consulate in their home country.

Importantly, these programs still need to be implemented by the immigration agencies, so nothing has changed at this time and individuals should be aware of possible immigration/ notario fraud by people who are offering to help apply for these programs.  Also, these programs are likely to face legal challenges, similar to past initiatives. Despite this, there is strong support from various business groups, emphasizing the economic and moral imperative for sensible immigration reform. For further updates and analysis, please keep an eye on our law firm’s blog, LinkedIn or contact us.

Navigating the End of COVID-19 Flexibilities for I-9 Document Review (June 13, 2024)

Navigating the End of COVID-19 Flexibilities for I-9 Document Review (June 13, 2024)

by | Jun 13, 2024 | Blog

 

Background on COVID-19 Flexibilities

During the COVID-19 pandemic, U.S. Immigration and Customs Enforcement (ICE) allowed employers to remotely inspect I-9 documents to accommodate social distancing measures. This flexibility permitted employers to review documents via fax, email, or video conferencing. However, these temporary measures expired on July 31, 2023, necessitating a return to in-person document inspections.  As of July 31, 2023, the temporary flexibilities introduced during the COVID-19 pandemic for remote I-9 document inspection have ended. Employers must now resume the physical inspection of identity and employment authorization documents. This blog provides a comprehensive overview of the changes and offers guidance on how to ensure compliance.

Key Deadlines and Requirements

Employers had until August 30, 2023 to complete the physical inspection of documents for employees whose documents were previously inspected remotely by this date. This applies to all employees hired on or after March 20, 2020, whose documents were not physically inspected.  What steps should be taken to ensure employer compliance?

  • Identify Affected Employees: Determine which employees had their documents inspected remotely and require physical re-inspection.
  • Conduct Physical Inspections: Arrange for in-person document inspections. This can be done by a company representative or an authorized third party.
  • Form I-9: Annotate the Form I-9 to reflect the date of the physical inspection and the initials of the person who conducted it.

Alternative Procedure for E-Verify Employers

Effective August 1, 2023, employers in good standing with E-Verify can use an alternative procedure for virtual document review. This involves:

  • Collecting and securely reviewing copies of identity and work authorization documents.
  • Conducting a live video interaction to compare the documents with the individual.
  • Annotating Form I-9 to indicate the use of the alternative procedure.

Penalties for Non-Compliance

Failure to comply with the updated I-9 requirements can result in significant fines. As of February 13, 2023, fines for paperwork violations range from $281 to $2,789 per I-9 form. Employers with over 50% of their I-9s containing errors could face fines close to $2,700 per form. Factors such as employer size, good faith efforts, and the seriousness of violations can adjust fines by ±25%.

Special Considerations for Remote Employees

Employers with fully remote employees must still comply with physical inspection requirements. Options include:

  • Designating an authorized representative, such as a notary public (where permissible), a family member, or a friend, to conduct the physical inspection.
  • Utilizing third-party services that offer trained I-9 completers.

Conclusion

The end of COVID-19 flexibilities for I-9 document inspection marks a significant shift back to pre-pandemic procedures. For those enrolled in E-Verify, the new alternative procedure offers a streamlined option for virtual document review. Employers should review their I-9 processes, conduct necessary inspections, and update forms to avoid potential penalties.

For further assistance or questions regarding I-9 compliance, please contact our law firm. We are here to help you navigate these changes and ensure your organization remains compliant with federal regulations.