Law Offices of
Rebecca S. Whitehouse

New I-9 Form Goes Into Effect April 3, 2009

(Links require Adobe Acrobat Reader)

New I-9 form: http://www.uscis.gov/files/form/i-9.pdf

Handbook for Employers:

http://www.uscis.gov/files/nativedocuments/m-274.pdf

The Stimulus Bill Contains a Provision Which Affect the Hiring of H-1B Workers by Some Institutions

 The “American Recovery and Reinvestment Act of 2009” includes a provision—the “Employ American Workers Act” (Section 1611)-- which limits the ability of those banks and other institutions which have received funds under the “TARP Bill” or under Section 13 of the Federal Reserve Act to hire H-1B non-immigrants unless the entity has complied with the H-1B Dependent-Employer attestations on the Labor Conditions Application. These attestations include good-faith efforts to recruit U.S. workers for the position (including offering the job to any U.S. worker who is equally or better qualified), and not laying off any U.S. worker in a job that is essentially equivalent to the H-1B position in the area of intended employment within 90 days prior to filing the H-1B petition and ending 90 days after its filing.  Recipients of funding under the TARP program are listed on the U.S. Treasury Department web site at the Emergency Economic Stabilization Act page.

H-2B Cap Reached for Second Half of Fiscal Year 2009

*Final Rule on Requirement that Federal Contractors and Subs Use E-Verify*

Following the President’s Executive Order in June 2008, the Department of Defense has issued a final rule implementing the requirement that federal contractors and subcontractors use DHS’ E-Verify system to verify the work authorization of employees. The rule requires the insertion of the E-Verify clause for prime federal contracts with a period of performance longer than 120 days and value above the simplified acquisition threshold of $100,000. The rule also covers subcontractors whose contract flows from a covered prime contract, where the value of the sub’s service is over $3,000. Covered entities are required to use E-Verify for all new employees and all existing employees assigned to the contract. The final rule will take effect on January 15, 2009, and will apply to all solicitations issued and contracts awarded after that date.

*Visa Waiver ESTA Requirements Take Effect January 12, 2009*

Beginning January 12, 2009, all nonimmigrants traveling to the United States under the Visa Waiver Program (VWP) must obtain an approved travel authorization, prior to traveling, from the DHS’ Electronic System for Travel Authorization (ESTA) at https://esta.cbp.dhs.gov/.

USCIS Issues Supplemental Final "No-Match" Rule - Click for Story

USCIS Increases Period of Stay for TN Professional Workers to 3 Years

Citizens of Canada or Mexico who qualify for admission to the United States for business activities at a professional level in the TN classification, may now be admitted for an initial period of up to three

(3) years, instead of just one (1) year. Extensions of stay may be granted for periods of up to three (3) years.