September 23, 2016
The National Academies of Sciences, Engineering, and Medicine (NAS) released a report, The Economic and Fiscal Consequences of Immigration, that examined a decade’s worth of data to come to the conclusion that immigrants and their offspring make important contributions to economic growth, innovation, and entrepreneurship in the U.S. Immigrant workers will be vital in replacing the tax and economy loss of retiring Baby Boomers and they serve as an essential counterpart to other native born workers. As has been found in a number of other reports before, the NAS report showed that immigrant workers cause little to no negative effects on the wages or overall employment levels of native-born workers and adverse consequences are generally found only for U.S. workers without a high school degree.
The report also found that the estimated GDP growth due to contributions of immigrant workers from 2015 to 2016 amounted to nearly $2 trillion. Children of immigrants continue to be some of the top economic contributors among the U.S. population. While first generation immigrants may be slightly more costly to the government than a native-born American, that is usually due to a lower income and paying less in taxes, not because they are a drain on federally-sponsored programs. Furthermore, Americans now spend less on consumer goods and services like child care, food preparation, house cleaning and repair, and construction thanks to immigrants.
Our immigration system is in dire need of reform; but, even in its current broken state, immigrants continue to have an overwhelmingly positive impact on the U.S. economy. Any reforms that could potentially be passed by a newly elected Congress next year could only continue to provide economic benefits throughout the nation.
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September 5, 2016
The Form I-9 employment verification process can be a thorn in any employer’s side as it seems to force company representatives into the role of “junior immigration officers.” Furthermore, this basic two-page verification document (minus instructions and acceptable documents list) is accompanied by a 70 page instruction manual, which only proves how easy it is for employers to make mistakes if the employment verification process is not fully understood.
For companies that hire remotely, the I-9 process becomes even more tedious. I-9 regulations state that in order to complete and certify Section 2 of the Form I-9 the company representative must physically examine the employment verification documents. Photocopies, scanned documents, pictures, or even documents viewed via Skype are not appropriate.
But that all changed on August 11, 2016, when the Fifth Circuit threw out a six-figure fine against a staffing agency who’s employment verification process consisted of one company representative in Texas inspecting the employee’s documents while another company representative in Minnesota saw photocopies and certified Section 2 of the Form I-9. According to the Fifth Circuit panel, the most reasonable interpretation of I-9 protocol allowed for corporate attestation.
While the Fifth Circuit’s ruling was the first of its kind, many are skeptical that other courts will follow suit. Therefore, best practice when completing the Form I-9 for remote hires would be that the company representative who looks at the employment verification documents must be the same individual who certifies Section 2.
The full case can be found here: http://www.ca5.uscourts.gov/opinions%5Cpub%5C15/15-60173-CV0.pdf
The Law Offices of Richard A. Gump, Jr., PC is committed to assisting employers with their employment-based immigration matters.
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