Tag: USCIS

OSHA Crane Operator Final Rules On November 9, 2018, the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) announced the release of its Cranes and Derricks in Construction: Operator Certificate Extension final rule (Final Rule 82: 51986-51998). The final rule: Removes the requirement that crane operator certifications include the crane’s rated lifting capacity….

DOL Delays Overtime Rule Until March 2019 In fall 2018, the U.S. Department of Labor, Wage and Hour Division (WHD) announced that it intends to issue a Notice of Proposed Rulemaking (NPRM) in March 2019 to determine the appropriate salary level for exemption of executive, administrative, and professional employees. The WHD stated that it is…

Question: What is an employer’s legal obligation when a new hire has not provided documents to complete the Form I-9 by the 3rd business day? Answer: The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to knowingly hire or to continue to employ an individual who is or may become an…

Question:  Do we have to do communicate with USCIS to alert them of the end of sponsorship if an employee with an H-1B visa decides to terminate employment with the company? Answer:  Yes.  The USCIS regulations require an H-1B employer to notify USCIS immediately of “any material changes in the terms and conditions of employment”…

Question:  Can Forms I-9 be kept digital, or must there be physical copies as well? Answer: According to the USCIS, it is now possible to store these forms online as well as using a paper system, an electronic system or a combination of paper and electronic systems to store Forms I-9. “An electronic storage system…

Question: In the process of auditing I-9s, we have found a few anomalies and want a second opinion as to how to handle them:  What should we do when the employee was hired after November 6, 1986 but we cannot find a record of an I-9 on file?  Should we complete a new one?  What…

Question:  If an employee with an H1-B visa decides to terminate her employment with the company, do we have to do any filing with USCIS to communicate the end of the sponsorship? Answer: Yes.  The USCIS regulations require an H-1B employer to notify USCIS immediately of “any material changes in the terms and conditions of…

Question:   Can I continue to employ a long-term employee with an expired Permanent Resident Card while she applies for US citizenship? She has provided us with all of the documentation showing her filing status for citizenship. Answer: The employee is still authorized to work pending the outcome of the application process.  In fact, in the…

Question:  How should we manage I-9 re-verifications in order to protect the company in the event of an audit? Answer:  If you plan to conduct an internal audit of your immigration compliance program and correct the I-9s, here is what we recommend in order to protect yourself if you are audited: Identify all current employees…

The US Citizenship and Immigration Services (USCIS) has launched I-9 Central, a new online resource center dedicated to  Form I-9, Employment Eligibility Verification. This user-friendly, free, and easy-to-use website builds gives employers and employees simple one-click access to resources, tips and guidance to properly complete Form I-9 and better understand the Form I-9 process, including:…