Employers: Are You Using the New Version of Form I-9 That Is Currently In Effect?

June 1, 2013

On March 8, 2013 USCIS published a revised Employment Eligibility Verification Form I-9.  All employers are required to complete a Form I-9 for each employee hired in the U.S.  Improvements to a new version of Form I-9 include new fields, reformatting to reduce errors, and clearer instructions for both employees and employers.

Effective March 8, 2013:

• Employers should begin using the newly revised Form I-9 (Rev. 03/08/13)N for all new hires and re-verifications.
• Employers may continue to use previously accepted revisions (Rev.02/02/09) N and (Rev. 08/07/09) Y until May 7, 2013.
• After May 7, 2013, employers must only use Form I-9 (Rev. 03/08/13) N.

Employers should not complete a new Form I-9 for current employees if a properly completed I-9 is already on file.  For additional questions, see the following Q&A from USCIS on the revised Form I-9:  http://www.uscis.gov/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2013/March%202013/QAsFormI9Teleconference.pdf?goback=%2Egde_3218060_member_245420601

E-2 Treaty Investor Visa: Visa For Foreign Nationals Who Are Small Business Owners

February 25, 2013

The E visa category is based upon a treaty of friendship, commerce and navigation, or a bilateral investment treaty.  Individual companies or citizens of a qualifying country may qualify for an E-2 Treaty Investor visa.  This visa category is truly designed for a small business owner and is intended to allow foreign nationals to come to the U.S. to purchase an existing or a new business, or engage in a joint business venture.

There is no time restriction as to how long the visa may be issued for, and the foreign national may remain in the U.S. so long as the enterprise is owned by a citizen of the treaty country and the enterprise has the present and future capacity to generate income that is significantly greater than what is necessary to provide a minimal living for the foreign national investor and his family.  The size of the investment may vary from Consular Post to Consular Post.  Our office had some Consulates approve E-2 visas with an investment size as small as $75,000.  The size of the investment must be appropriate for the business type and the projected growth.

Comprehensive Immigration Reform is Gaining Momentum

February 1, 2013

On January 29, 2013 President Obama spoke about his proposal for comprehensive immigration reform, and while his speech did not offer specific policy proposals, it should be noted that the President’s plan does not tie the road to citizenship for the 11 million undocumented Americans to any border security triggers as the Senate's plan does, although the President did lay out plans to increase enforcement both at the border and at worksites. 

Stay tuned on what's to come in the weeks ahead!  Until then watch this clip from The Daily Show to keep you in the know on the immigration reform:  http://www.thedailyshow.com/watch/wed-january-30-2013/the-nuevo-deal?utm_source=AILA+Mailing&utm_campaign=01eb06c8b1-AILA8_2_1_13&utm_medium=email

U.S. Embassy Mexico Has Expanded Expedited Visa Processing For Eligible Companies

January 17, 2013

The U.S. Embassy in Mexico recently announced the expansion of the Business Facilitation Program (BFP), which allows access to a reserved block of visa appointments and provides expedited processing and visa delivery for employees of qualifying firms traveling to the U.S. on company business.  For more information see http://www.aila.org/content/default.aspx?docid=42834&utm_source=AILA+Mailing&utm_campaign=575c251490-AILA8_1_15_13&utm_medium=email.

U.S. Department of State Introduces Online Visa Status Check

January 9, 2013

U.S. Department of State (DOS) has introduced the online "Visa Status Check," which allows both immigrant and nonimmigrant applicants to check the status of their cases at the Consular Electronic Application Center (CEAC).

You may check your application status with DOS by following this link: 

https://ceac.state.gov/CEACStatTracker/Status.aspx?eQs=0v3qiwtAHMTfatEnzB+OqHxaaEkhHM36pRCeDo8ZlAil1bH8D8XvWFH99RUnxadhEx7kBZqapH93RUKKzb8QHox1jAIdbUYWjvdoeu1Srz0=

U.S. Embassy in UAE Announces New Visa Appointment System

January 3, 2013

The U.S. Embassy in the United Arab Emirates (UAE) announced a new visa appointment system, which is intended to allow applicants to schedule a visa interview with more flexibility and up to six (6) months in advance of travel plans. The new system will be available beginning January 6, 2013. 

For more information see the following Press Release:  http://www.aila.org/content/default.aspx?docid=42641&utm_source=AILA+Mailing&utm_campaign=8793cc683c-AILA8_1_2_13&utm_medium=email

New Russian Law Ends Inter-Country Adoptions Between Russia and the U.S.

December 28, 2012

U.S. Department of State expressed regret over Russia's passage of the Yakovlev Act, a law that ends inter-country adoptions between the U.S. and Russia, noting that American families have adopted over 60,000 Russian children over the past 20 years.  See the statement that the Department of State released this morning: http://www.aila.org/content/default.aspx?docid=42623&utm_source=AILA+Mailing&utm_campaign=3e19ba53c8-AILA8_12_28_12&utm_medium=email