Immigration Corner: E-Verify Not an Impenetrable Shield, H-4 Spouses May Soon be Looking for Work, More Trips to the Doctor for Adjustment Applicants, and Canada is Closed

by Baker Donelson
Contact

A Reminder that E-Verify Participation Does Not Offer Blanket Protection to Employers

E-Verify offers a tool to assist employers in verifying employment/immigration status for prospective employees, but it should not be mistaken for protection during an I-9 audit. On March 26, 2014, the Office of the Chief Administrative Hearing Officer (OCAHO) granted partial summary judgment finding the employer liable for numerous I-9 preparation and retention violations in U.S. v. Golf Int'l d/b/a Desert Canyon Golf. Despite the employer's contentions that its participation in E-Verify entitled it to a presumption that it had not violated the law, OCAHO cited the clear language in the E-Verify Memorandum of Understanding signed by all participating employers: "The Employer understands that participation in E-Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees." The E-Verify Program for Employment Verification Memorandum of Understanding, USCIS (last revised Sept. 1, 2009).

The full decision U.S. v. Golf International, 8 U.S.C. 1324a Proceeding; OCAHO Case No. 13A00074, March 26, 2014 is available here.

H-4 Spouses May be Looking for Work this Fall

Although spouses of L-1 and E-2 nonimmigrant workers have been able to obtain employment authorization since 2002, this same freedom to work has yet to be extended to spouses of H-1B nonimmigrant workers. This precious ability to work for H-4 spouses is now on the horizon. United States Citizenship and Immigration Services (USCIS) published a Proposed Rule on May 12, 2014 that would allow certain H-4 dependent spouses to obtain employment authorization. The proposed rule limits such H-4 employment authorization to cases where the principal H-1B worker was the beneficiary of an approved I-140 Immigrant Petition for Alien Worker or was granted an extension of his or her H-1B status beyond the initial six years due to AC21. According to USCIS, the aim of this long-awaited change is to "lessen any potential economic burden to the H-1B principal and H-4 dependent spouse during the transition from nonimmigrant to lawful permanent resident status, furthering the goals of attracting and retaining high-skilled foreign workers."

Comments to the Proposed Rule are due on or before July 11, 2014, and more on this regulatory development will follow as it unfolds. To access the USCIS Proposed Rule, click here.

The Doctor is In! Again!

USCIS announced that as of May 30, 2014 it will limit the validity of Form I-693, Report of Medical Examination and Vaccination Record, to one year from the date of submission to USCIS. This Form I-693 documents the results of a comprehensive medical examination and is required as part of the adjustment application to establish that the applicant is not inadmissible to the United States on public health grounds. Medical examinations must be performed by a USCIS-designated civil surgeon and had previously been valid up until the time the adjustment application was adjudicated by USCIS, regardless of how long the adjudication process lasted.

This new one-year validity policy applies to any Form I-693 that is included in support of a benefit application that is adjudicated on or after June 1, 2014. Many individuals who previously filed I-485 adjustment of status applications and who have been waiting years for an immigrant visa number to become available will now have to repeat the medical examination process that they completed at the time of submitting their I-485 application.

USCIS alert is available here.

For general information about the Form I-693 Report of Medical Examination and Vaccination Record, click here.

Canada Closed for the Summer

The Department of State (DOS) announced this month that, due to extremely high volumes of visa applications by Canada-based applicants, there would be no appointments available for third-country nationals (TCNs) in the summer months of June, July and August. This temporary closure will apply to all seven U.S. visa processing posts in Canada, but those TCNs with appointments already scheduled will not be impacted.  Until the summer ends, TCNs should plan on returning to their home country or Mexico if a visa is needed.

TCNs needing an emergency appointment during this time may seek consideration for scheduling an interview in Canada by visiting this website.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Baker Donelson | Attorney Advertising

Written by:

Baker Donelson
Contact
more
less

Baker Donelson on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.