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IMPACT OF ECONOMIC STIMULUS PACKAGE ON U.S. IMMIGRATION LAW |
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Written by Weaver, Schlenger & Mazel
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Thursday, 19 February 2009 |
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Economic Stimulus Package Prohibits Corporations Receiving TARP Funding From Hiring H-1B Workers without First Showing the Unavailability of Essentially Equally Qualified U.S. Workers
- Effective February 17, 2009, employers receiving federal stimulus package funding will face additional requirements when hiring H-1B employees. Before hiring an H-1B worker, such employers must first attest that no “essentially equally qualified” U.S. worker has been or will be displaced by the H-1B worker. The company must also show that it has made affirmative efforts to first find a qualified U.S. worker for the position before hiring the H-1B employee, including through the training of existing employees. This will impact many banks, brokerage houses, and auto manufacturers who will receive funding from the federal government and who planned to file new April 1, 2009 H-1B petitions or other H-1B extensions for new hires.
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USCIS delays effective date of I-9 form until April 3 |
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Written by Weaver, Schlenger & Mazel
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Monday, 02 February 2009 |
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As a follow up to our recent news flash regarding the President Obama's announcement to delay the implementation of recent Bush administration regulations, on January 30, 2009, the Service issued a press release that employers will not be required to use the newly released I-9 form to verify employee work authorization until April 3, 2009. The government has also opened up the public comment period for thirty (30) days, until March 4, 2009. |
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Further Delay in Effective Date of New Rule Requiring E-Verify Participation for Federal Contractors |
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Written by Weaver, Schlenger & Mazel
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Friday, 30 January 2009 |
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The implementation of the new government rule requiring certain contractors or subcontractors with the U.S. federal government to participate in the E-Verify program has been delayed a second time, from February 20, 2009 to May 21, 2009. Employers subject to this rule must electronically verify the identification and work authorization of their employees working on federal contracts or subcontracts, and any new hires. For more information, or if you feel this regulation may apply to your organization, please contact our office. |
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H-1B Quota Strategies- Obtaining Work AuthorizationBeyond October 1 |
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Written by Weaver, Schlenger & Mazel
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Friday, 23 January 2009 |
We anticipate that this year the government will once again receive at least twice as many H-1B application packages than the 65,000 annual quota allows and that there will be no congressional relief to increase the annual cap.
April 1, 2009 is the earliest date that the government will accept H-1B cases. We anticipate that all cases received on April 1 and April 2 will be subject to a lottery. Weaver, Schlenger & Mazel is now in the process of preparing all H-1B cases for filing on April 1, 2009. There are still only 65,000 H-1B visas to be allotted to individuals with Bachelor’s degrees and foreign advanced degrees.
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New Form I-9 and the Obama Administration Impact on Immigration So Far |
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Written by Weaver, Schlenger & Mazel
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Monday, 19 January 2009 |
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We provide you with updates on the newly published Form I-9, further delays in implementation of the new rule regarding E-Verify participation, and the Obama administration’s suspension of new or pending federal regulations promulgated under President Bush.
New I-9 Employment Authorization Verification Form Required as of February 2, 2009
- The Employment Verification (I-9) Form is now available for use. Starting February 2, 2009, employers must use the new I-9 Form to verify the employment authorization of all new hires. The new form can be accessed at: www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf. As we related previously, the types of acceptable identity and employment authorization documents that employees may present to their employers for completion of the new Form I-9 have changed slightly: naturalization certificates are no longer considered an acceptable I-9 document and the rule also adds to “List A” foreign passports containing specially-marked machine-readable visas and documentation for certain citizens of the Federated States of Micronesia (FSM) and the Republic of Marshall Islands (RMI). Finally, when re-verifying an old I-9, the new Form I-9 must be used.
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