Meet the Co-chairs - TAGLAW
Ryan, Swanson & Cleveland, PLLC
Author: Mary E. Pivec & John Staige Davis, V; Williams Mullen (North Carolina & Virginia, USA)
On October 30, 2013, Infosys Limited (“Infosys”), an Indian IT company, signed a settlement agreement with the United States in the Eastern District of Texas to resolve allegations that Infosys knowingly presented to employees of the United States false and fraudulent claims for property or approval in violation of the federal False Claims Act (FCA) by engaging in systemic visa fraud and abuse, and that Infosys otherwise failed to comply with the employment verification provisions of the Immigration Reform and Control Act of 1986.
On October 17, 2013, U.S. Citizenship and Immigration Services (USCIS) announced that E-Verify has resumed operations following resolution of the federal government shutdown.
USCIS: All offices are open and clients are asked to show up for all appointments at USCIS. Applications which are filed will continue to be processed.
Department of Labor: The DOL Office of Foreign Labor Certification (OFLC) has confirmed that due to the government shutdown, it is neither accepting nor processing any applications or related materials it receives, including Labor Condition Applications (LCAs).
United States and Citizenship Services (USCIS) has posted contradictory information on the exact date that the new I-9 form (Rev. 03/08/13)N must be used. The revision date is referenced on the lower left hand corner of the form. The Federal Register notice indicates that prior versions of the form can no longer be used by the public effective May 7, 2013.
Contact: John E. Exner IV; Mitchell Silberberg & Knupp LLP (Los Angeles, California, USA)
After many months of announcements and discussion, the Department of Homeland Security (“DHS”), through the United States Citizenship and Immigration Service (“USCIS”), released a new edition of the Form I-9 on March 8, 2013. This newest version of the form goes into effect immediately. However, USCIS has authorized a sixty (60) day grace period during which either the new version of the form or the last version may be used. Following the end of the grace period, on May 7, 2013, all U.S. employers are required to use the new Form I-9 for all new hires. Employers should notcomplete the new I-9 for current employees unless it is being used for reverification purposes.
The Form I-9, intended to document verification of the identity and employment authorization of each new employee, has seen many minor modifications and revisions in the last several years, but none as significant as the current changes to the form. Furthermore, as it is the employer’s responsibility to complete and retain each Form I-9 for each new employee, it is also the responsibility of all employers to familiarize themselves with the new features of the form and the mandatory time frames for its usage.