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IMPORTANT! New Form I-9 Released

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January 31, 2020

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The U.S. Citizenship and Immigration Services (USCIS) recently issued an updated Form I-9 for employers to begin using as of January 31, 2020. The new version is labeled 10/21/2019, and expires on 10/31/2022. The prior version, labeled 07/17/17 N, can still be used through April 30, 2020 as employers transition to the new form. However, beginning May 1, 2020, employers may only use the new version.

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USCIS Issues Revised Final Guidance on Unlawful Presence for Students and Exchange Visitors

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August 9, 2018

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The U.S. Citizenship and Immigration Services (USCIS) published new guidance for individuals currently classified under student (F nonimmigrant), exchange visitor (J nonimmigrant), or vocational student (M nonimmigrant) status visas. The revised policy changes how USCIS calculates unlawful presence and how this is accrued for students and exchange visitors who fail to maintain their F, J, or M visitor status visas. Unlawful presence accrues any time a nonimmigrant remains in the U.S. beyond the expiration of their permitted stay period. Accruing more than 180 days of unlawful presence may result in a 3-year ban on entering the U.S. in the future.

Immigration Update: H1-B Premium Process Suspension and Petition Document Requirements for Third-Party Worksites; Power of Attorney Signatures Prohibited

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Varies; See Below

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The USCIS has announced a number of updates regarding foreign work visas and signatures on immigration documents. Employers who are in the process of, or otherwise intend to hire, foreign workers should review these updates carefully.

USCIS Releases New Form I-9 Today

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July 17, 2017

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The United States Citizenship and Immigration Services (USCIS) published a new Form I-9 today.  The new Form I-9 is notated with the revision date 07/17/17 N in the lower left corner and must be incorporated into employers’ hiring procedures by September 18, 2017. Any other versions of Form I-9 will be considered invalid after September 17, 2017.

The updated Form I-9 includes revisions to the instructions for completion and to the list of acceptable documents for verification purposes. These are:

USCIS Announces Another New Form I-9 Coming Soon

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July 17, 2017

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Late last year, the U.S. Citizenship and Immigration Services (USCIS) published a new Form I-9, which incorporated a number of changes as well as the ability to complete the form electronically. Employers had to switch over to the new Form no later than January 22, 2017. Now, the USCIS has announced that there will be another, newer version of Form I-9, to be published no later than July 17, 2017.

Employers Must Phase In New I-9 Form by January 2017

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January 21, 2017

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UPDATE: The new Form I-9 was released on November 14, 2016 on the USCIS website. Visit the I-9 webpage to download the form and accompanying instructions.

The Office of Management and Budget recently approved the final version of the new Form I-9, which will become available on the U.S. Citizenship and Immigration Services website (“USCIS”) no later than November 22, 2016.  Employers may continue to use the current I-9 form (revision date 03/08/2013 N, notated in the lower left corner) until January 21, 2017. After January 21, 2017, all employers must switch over to the new I-9 form.

May Updates

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This HR Alert addresses the following topics:
  1. USCIS Says to Keep Using Expired I-9 Form
  2. Phishing Scam Targets HR/Payroll Processes
  3. Austin, Texas Passes “Ban the Box” Ordinance
  4. California Paid Family Leave Benefit Amount Increases
  5. Philadelphia “Ban-the-Box” Poster Published
  6. Seattle, Washington Guidance on Amendments to Labor Standards Ordinances and Compliance Date

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H1-B Visa Petition Submission Begins April 1, 2013

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April 1, 2013

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As of April 1, 2013 employers wanting to hire foreign workers through the H-1B visa program can begin filing petitions with U.S. Citizenship and Immigration Services (USCIS). Business use the H-1B program to employ foreign workers in specialty occupations requiring theoretical or technical expertise in specialized fields. Petitions submitted on or after April 1, 2013, will apply for the 2014 federal fiscal year (October 1, 2013- September 30, 2014).

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USCIS Released a New Employment Eligibility Verification Form

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May 7, 2013

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On March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) released a new Employment Eligibility Verification Form I-9. Employers should begin using the new Form I-9 immediately. There is a grace period of sixty days, until May 7, 2013, during which the USCIS is allowing employers to use the previously valid Form I-9.

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