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7007 College Boulevard, Suite 460
Overland Park, KS 66211
Phone: 913.944.2702
Fax: 913.317.6202
Employers Should Comment on H-2B Visa New Proposed Rule for Seasonal Workers by September 19
by Emily Haverkamp   
Thursday, 28 August 2008
Emily HaverkampOn August 20, 2008, USCIS issued a Proposed Rule to make changes to the current H-2B program. This spring USCIS had issued a different Proposed Rule to modify the current H-2B Regulations, and USCIS announced that the previous rule had been withdrawn and replaced by the August 20 Proposed Rule. The August 20 Proposed Rule is completely different from the previous Proposed Rule.
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12 States Require E-Verify, One State Prohibits the Use of E-Verify
by Samara Nazir   
Monday, 11 August 2008
Samara NazirAs of August 11, 2008, 12 states require employers to use E-Verify, and at least one state prohibits the use of E-Verify. The Federal government requires use of E-Verify for government contracts (see article "Federal Contractors Ordered to Use E-Verify").

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USCIS Announces Passport Cards Are Acceptable I-9 Form List A Document
by Emily Haverkamp   
Friday, 08 August 2008
Emily HaverkampUSCIS announced that passport cards can be accepted as List A documents for I-9 form and E-Verify purposes. The Department of State recently began issuing passport cards as an alternative to traditional book passports for land and sea travel by U.S. citizens to the Canada, Mexico and the Caribbean. Passport cards cannot be used for international air travel.
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Employer Immigration-Related Records
by Mira Mdivani   
Friday, 20 June 2008
Mira Mdivani


Every employer should keep its immigration-compliance records in good order.

These include, at a minimum:

1. Current I-9s
2. Terminated I-9s
3. Contractor Immigration Compliance Certifications
4. Immigration Compliance Plan, Policy and Procedures
5. I-9 Audit Records
6. Visa-Specific Records, if applicable
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USCIS Extends OPT for Certain Graduates
by Emily Haverkamp   
Wednesday, 18 June 2008
On April 4, 2008 USCIS announced a final interim rule which extends Optional Practical Training (OPT) from 12 to 29 months for students who graduate from a U.S. university with a degree in Science, Technology, Engineering or Math (STEM). It appears that this is in response to the H-1B crisis, where for the second year in a row USCIS had to hold a lottery to allot H-1B visas.
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Federal Contractors Ordered to Use E-VERIFY
by Mira Mdivani   
Friday, 13 June 2008
Mira MdivaniOn June 6, 2008, President Bush issued Executive Order 13465, which amended Executive Order 12989 ordering that federal contracting agencies cannot enter into contracts with employers that do not "use the best available means to confirm the work authorization of their workforce. Department of Homeland Security Immediately announced that E-VERIFY is designated as “the best available means."
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Immigration Law in the Workplace - The Other Side of the Coin
by Ann Molloy   
Monday, 02 June 2008
Ann MolloyWhile your business is crossing its Ts and dotting its Is (and I-9s) in an attempt to comply with laws and regulations related to immigration, you must not forget about those other laws out there – the ones prohibiting discrimination in the workplace.
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Department of Labor Issues New Proposed Rule for H-2B Labor Certifications
by Emily Haverkamp   
Friday, 23 May 2008
On May 22, 2008, the U.S. Department of Labor issued a proposed rule to try and streamline the H-2B filing process. Under the proposed rule, H-2B recruitment could be performed before filing the DOL Labor Certification with the National Processing Center. Additionally, the recruitment would be performed by the employer without supervision by the State Workforce Agency.
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Social Security Administration Is Issuing Letters to Employees
by Emily Haverkamp   
Friday, 23 May 2008
On April 3, 2008 the Social Security Administration began sending letters to employees whose name and Social Security Number did not match in the Social Security database. At first glance, this was puzzling. The letters appeared to be a clear violation of an injunction issued by a federal court which prevented the Department of Homeland Security from sending letters to employers which changed the Social Security No Match implications.
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USCIS Announces Proposed Rule to Extend TN Visa Allowable Period of Admission
by Emily Haverkamp   
Friday, 09 May 2008
On May 9, 2008 USCIS announced a proposed rule to extend the allowable Period of Admission for TN Visas from one year to three years. Canadian and Mexican professionals may work under the TN Visa, which is a provision of NAFTA. Under the current regulations, TN visa holders must renew their visa annually. This proposed rule would extend this to three years to be the same as an H-1B visa.
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