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Inside Business Immigration: Weekly News Round Up, Sept. 22-26, 2014

Weekly News Impacting Global Employers Covered by Greenberg Traurig’s Business Immigration & Compliance Practice

In This Issue


Where do Social Security Payments Made by Undocumented Workers Go?
Ian Macdonald

Many employers are familiar with the following scenario: You hire someone, put them on payroll and deduct taxes from their checks automatically – just like you do with all employees. You then find out through an audit by U.S. Immigration Customs and Enforcement (ICE) or by the employee coming clean that he or she is … Continue Reading

Guam and CNMI Employers Beware: H-1B and H-2B Exemptions End Dec. 31
Ian Macdonald

U.S. Citizenship and Immigration Services (USCIS) reminded employers this week that Guam’s and CNMI’s five-year H-1B and H-2B cap exemptions will end on December 31, 2014. With a sharp increase in U.S. military-related projects in Guam of late, employers in the country are experiencing a shortage of lesser-skilled and highly-skilled workers, from construction workers through … Continue Reading

State Department Publishes Notice of 2016 Diversity Visa Lottery
Dillon Colucci

The Diversity Immigrant Visa program (the DV Program) is a program to diversify the immigrant population within the United States by mostly selecting applicants from countries with low rates of immigration to the United States. The DV Program is administered annually and the 2016 DV Program opens October 1, 2014, the start of the U.S. government’s 2014-2015 … Continue Reading

DOL’s iCERT and PERM Systems Taking a Break for Columbus Day Weekend
Rebecca Schechter

The Department of Labor will shut down its iCERT and PERM websites for maintenance from 9:00PM EST on Friday October 10, 2014 through 9:00PM EST Saturday October 11, 2014. Barring any glitches, both the iCERT and PERM websites should be available again after 9:00PM EST on October 11. Employers should take care that any PERM … Continue Reading

The Advent of Global Entry
Jeanette Ynfante

Since its creation six years ago, the Global Entry program has been a success in the international travel environment, with significant growth and expansion year after year.  The program, which allows pre-approved, low-risk travelers to receive expedited clearance upon entry to the United States, is part of U.S. Customs and Border Protection’s (CBP) efforts to … Continue Reading

OSC Settles Immigration-Related Discrimination Claim Against Staffing Agency
Scott Decker

Intra-agency referrals are exposing employers to increased risk of immigration compliance and enforcement actions. The U.S. Department of Justice Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has Memorandums of Understanding in place U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration Customs and Enforcement, among others. As reported previously, OSC has launched … Continue Reading

Revised Colorado Employment Verification Form Must be Used as of October 1, 2014
Scott Decker

Effective October 1, 2014, employers with operations in Colorado must use a new version of the Affirmation of Legal Work Status form — the old version of the form should not be used after this date. Employers should also use this change as an opportunity to audit their records to ensure that their historical records … Continue Reading

OSC Guidance on I-9 Over-Documentation
Scott Decker

The U.S. Department of Justice Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) enforces the anti-discrimination provisions of the Immigration and Nationality Act (INA). This law prohibits, among other things, document abuse during the Form I-9 employment eligibility verification process. Employers as a best practice should conduct regular self-audits of their I-9s to … Continue Reading

China’s Free Trade Zone Considers Easier Green Card Processing to Attract Big Business
Ian Macdonald

The China (Shanghai) Pilot Free Trade Zone (FTZ), located in Shanghai, is considering rule changes that will allow foreign nationals to get Chinese permanent residence much faster and easier than is possible at present. This is a major policy shift aimed at attracting foreign investment and global talent into the zone. Last week, Premier Li … Continue Reading

Myanmar Alert – Securing Visas Upon Arriving in the Country on the Increase
Ian Macdonald

The number of visitors obtaining visas when they arrive at Yangon International Airport in Myanmar has increased significantly.  In the first eight months of 2014, 74,503 individuals entered the country without first getting a visa at a Myanmar Consulate abroad; instead opting to obtain tourist or business visitor visas when arriving at Yangon International Airport.  … Continue Reading

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