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New Form I-9 Proposed in Federal Register

November 30, 2015

Filed under: Immigration — drgump @ 8:33 pm

New Form I-9 Proposed in Federal Register on November 24, 2015

In 1986, I studied the proposed worksite compliance laws and Form I-9. I handled the 13th worksite enforcement case ever filed in 1987. During that time, I began to wonder if it was time to bite the bullet and move toward a national ID card for U.S. citizens and a similar document for foreign nationals entitled to work in the U.S. Over the years worksite compliance has not gotten easier and we still have no simplified ID system in place. Now, almost 30 years after studying that first I-9, I am pouring over the latest (13th) proposed updated Form I-9 with drop downs for every box and zillions of pages of instructions, all proposed to make the process easier for employers and employees.

I pity the unprepared HR professional next Spring when he/she studies the new Form I-9 with its 15 pages of instructions, reviews all the drop down menus, reads every page of the 65 page M-274 and constantly checks I-9 Central for updates.

E-Verify may cut down on submission of fraudulent documents but it does not speed up the I-9 process and opens employers to scrutiny by ICE and the OSC for document abuse and fines for requesting certain documents from employees. Electronic I-9s may be the coming rage but they only help if the employers are truly compliant with the rules.

I-9 audits and fines for noncompliant employers are necessary to develop a culture of compliance in the workplace, but they are a trap for the unwary.

Happy Veterans Day!

November 11, 2015

Filed under: Holidays,Military,Uncategorized — drgump @ 7:01 pm

The Law Offices of Richard A. Gump, Jr. wants to say thank you to all of our country’s veterans.

In 2010, the Department of Defense launched several of initiatives to assist military members, veterans and their families navigate our complex immigration system. This included assistance with naturalization as well as other immigration benefits. Active duty members of the U.S. Armed Services (Army, Navy, Marine Corps, Air Force, Coast Guard and National Guard), individuals serving in the Selected Reserve of the Ready Reserve and individuals who previously served, as well as their family members are all eligible to benefit from these initiatives. One of the forms of relief for these individuals is “parole in place”. Parole may be granted to individuals who are already in the U.S., thus allowing them to adjust their status, even if they entered the U.S. illegally. Absent a criminal conviction or other serious adverse factors, parole in place is generally granted to spouses, parents and children of current and former military members.

One of our most rewarding cases was assisting a U.S. citizen in the Army obtain a green card for his wife before he was deployed to Afghanistan. His wife’s status in the U.S. weighed heavily on his mind and her ability to obtain a green card based on his military service enabled him to focus his attention on his military service.