H-2B Random Selection Process to Begin July 2019

By Glen Krebs

The Department of Labor’s (“DOL”) Office of Foreign Labor Certification (“OFLC”) has announced a plan to change the way it handles the ETA-9142B form which begins the H-2B application process.  Beginning July 3, 2019, all H-2B applications submitted to the National Processing Center (“NPC”) in the first three days of the filing period will be collected.  The filing period begins 90 days before the date of need, so for a date of need beginning October 1, 2019, the filing period begins on July 3, 2019.  On the fourth day of the filing period (July 6), the OFLC will conduct a random selection process on all applications collected by the NPC in the first three days.  Applications covering the first 33,000 H-2B workers will be assigned to Group A.  The Group A applications will then be assigned to NPC analysts in the order of the random selection.   If there are applications for more than 33,000 workers, the remaining applications will be assigned to Group B, Group C, etc. after the random selection process is complete.  Each subsequent group will cover 20,000 H-2B workers.  If there are not 33,000 H-2B worker applications in the first three days, after the random selection process is complete, processing will continue in the normal fashion based on when the application is received by the NPC.

Employers will receive either a Notice of Deficiency or a Notice of Acceptance just as in prior years.  It is in the employers’ best interest to be prepared to conduct their recruitment and submit their reports quickly.  That will allow them to receive Temporary Labor Certification and submit the I-129 to the United States Immigration and Customs Service (“USCIS”) before the 33,000 visas allotted in each six-month period are issued to other employers.

For questions or help with H-2B Non-Agricultural Worker visas, please contact Glen Krebs (859)288-7409.

Changes in the H-1B Visa Process

By Marianna Michael

It is time to begin working on your H-1B visa petitions for the fiscal year beginning October 2019.  The H-1B visa offers employers a means to temporarily hire international workers for positions that cannot be filled by U.S. workers.  There is a cap of 85,000 visas which can be issued, of which 65,000 are allocated for individuals who have a bachelor’s degree or its equivalent, and 20,000 are allocated for individuals who have a master’s degree or higher.  The H-1B visa is the method way many companies use to hire individuals with highly technical skills in science, technology, engineering and math.  The United States Citizenship and Immigration Services (“USCIS”) generally receives an overload of applications; 199,000 petitions were filed in 2018.

In addition to the high number of applications, there are other challenges for employers desiring to use the H-1B visas.  First, President Trump issued an executive order, “Buy American and Hire American: Putting Americans First,” which is

H-1B Enforcement Stepped Up

By Glen Krebs

On April 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced multiple measures to further deter and detect H-1B visa fraud and abuse.  On April 4, 2017 the U.S. Department of Labor (DOL) announced plans to protect U.S. workers from H1B program discrimination by providing greater transparency and oversight.  These announcements have caused companies which regularly use H-1B workers to be concerned about their workforce in coming years.

The companies mostly affected by this policy change will be outsourcing firms – companies which hire H-1B workers and then place them at the worksite of other companies.  Many of the outsourcing firms are headquartered

New I-9 Form

By Glen Krebs

Beginning January 22, 2017, Employers must use the new Form I-9 when hiring a new employee. The new form is dated 11/14/2016. The old form (dated 03/08/2013) will not be acceptable for a date of hire after January 22, 2017. The old and new forms are not too different. Regarding the new form, United States Citizenship and Immigration Services (“USCIS”) states as follows:

“Among the changes in the new version, Section 1 asks for ‘other last names used’ rather than ‘other names used,’ and streamlines certification for certain foreign nationals.

Other changes include:

• The addition of prompts to ensure information is entered correctly.
• The ability to enter multiple preparers and translators.
• A dedicated area for including additional information rather than having to add it in the margins.
• A supplemental page for the preparer/translator.

The instructions have been separated from the form, in line with other

Employment Authorization Document for H4 Dependent Spouses

By Barbara W. Menefee

At long last, the U.S. Citizenship and Immigration Services has announced that it will begin accepting applications for employment authorization documents for the dependent spouses of H1B visa holders (“H4”) under certain circumstances. This news is welcome for the thousands of intending immigrants who are in long lines awaiting a visa to become available so that they can file applications for permanent residence in the United States. For instance, if a person from India begins the employment-based permanent residence process today, he or she can expect to wait at least 10 years before they are eligible to file an application for permanent residence in the United States. For most spouses of these applicants, that has meant ten years without the authorization to work in the United States.

The announcement specifically applies to H4s whose spouses have approved I-140 Immigrant Petitions on their behalf, or whose spouses otherwise qualify for an extension of their H1B status beyond the typical six years. This provision will

New I-9 Forms Must Now Be Used, Starting Today, According to USCIS

By Glen M. Krebs

The U.S. Citizenship and Immigration Services (USCIS) is reminding all employers that beginning today, May 7, 2013, they must start using the revised Form I-9, Employment Eligibility Verification (Revision 03/08/13)N for all new hires and reverifications.

All employers are required to complete and retain a Form I-9 for each employee hired to work in the United States.

Note: the revision date for the new Form I-9 is printed on the lower left corner of the form. Also, employers need not and should not complete a new Form I-9 for existing employees if a properly completed Form I-9 is on file.

USCIS advises that a Spanish version of Form I-9 (revision 03/08/13)N is available on its 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 and retain the English version of the I-9 form.

The revised forms are available at www.uscis.gov/I-9. And for more information, you may call 888-464-4218. Government representatives are available Monday through Friday, from 8 a.m. to 5 p.m.  USCIS also maintains a website, I-9 Central, to support Form I-9 users.

To order forms, you can contact USCIS at 1-800-870-3676. For free downloadable forms and information on USCIS programs, immigration laws, regulations, and procedures, you can visit www.uscis.gov.

 

I-9 Central

By Glen M. Krebs

If you have questions about completing or storing I-9 forms you can now go to a USCIS website to find answers.  On May 13, 2011 the USCIS launched ‘I-9 Central,’ at http://www.uscis.gov/i-9central.  I-9 Central includes sections about employer and employee rights and responsibilities, step-by-step instructions for completing the form, and information on acceptable documents for establishing identity and employment authorization.  It also includes a discussion of common mistakes to avoid when completing the form, guidance on how to correct errors and answers to employers’ questions about the I-9 process.  For anything not covered on I-9 Central you may contact Glen Krebs with I-9 questions at 859-288-7409 or gkrebs@wyattfirm.com.