POSTED BY SCOTT T. SILVERMAN MARCH 12, 2013
The U.S. Citizenship and Immigration Services (USCIS) has published Introduction of the Revised Employment Eligibility Verification Form in the March 8, 2013, Federal Register. The new Form I-9 is available
here. Employers should use the new form as soon as possible but have until May 7, 2013 before they will be penalized for not doing so. In addition, employers do not need to complete the new Form I-9 (Rev. 03/08/13) for current employees for whom there is already a properly completed Form I-9 on file unless reverification applies. The new form must be completed for reverification when the employee's employment authorization or documentation of employment authorization has expired. If the employer rehires an employee within three years of the date that a previous I-9 was completed, the employer may complete the new Form I-9 or complete Section 3 of the previously completed Form I-9. As always, specific questions concerning I-9 compliance should be referred to legal counsel.
POSTED BY MICHAEL BENCHETRIT ON APRIL 3, 2012
The U.S. employer that wishes to have a foreign national conduct business with its company or work for its company in the United States should determine if a temporary visa or a more permanent immigration solution is required for time spent in the United States. As part of this strategy, the U.S. based employer should work closely with the foreign national to determine her educational background and employment experience abroad, especially if it is with a related entity of the U.S. based employer, in order to develop a well-rounded immigration plan.
Developing a successful immigration planning and compliance program can be accomplished by the HR professional that familiarizes himself with the I-9 Form, and understands the policy behind temporary employment options and permanent employment options. With new tools available to employers such as the E-Verify program, being able to track and manage the I-9 process and ensuring new employees are properly verified and existing employees are properly re-verified, the often complex world of immigration law and procedures can effectively be de-mystified.
In my Immigration Law 101 presentation at the 17th annual Akerman Labor & Employment Law Seminar, I'll address these topics and more. Come join us. To learn more please visit http://www.akerman.com/events/LELS12/overview.asp