July 2018

ICE I-9 Audits Uptick

There seems to have been an uptick in I-9 Audit Notices recently. If your businesses is one of the businesses that received an I-9 Audit Notice, you are not alone. ICE HSI announced the results of a nationwide operation in which I-9 Audit Notices were served to more than 5,200 businesses since January 2018. During the first phase, HSI served 2,540 NOIs and made 61 arrests and during the second phase, HSI served 2,738 NOIs and made 32 arrests.

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PM reducing RFE/NOID request requirement

USCIS issued a new RFE/NOID Policy Memorandum which provides an officer authority to deny an application or petition without issuing an RFE or NOID where initial evidence supporting the petition or application is not submitted or does not establish eligibility.

DOS Final Rule on Documentation of Nonimmigrants Under the INA

DOS issued a final rule finalizing changes regarding the requirement of a passport and a visa to certain Caribbean nationals coming to the U.S. through the H-2A program. The rule removes the visa exemption and requires Caribbean nationals to enter with a valid passport and current H-2A visa. Rule is effective 8/6/18. (83 FR 31451, 7/6/18)

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DHS Announces Extension of Yemen’s TPS Designation for 18 Months

Secretary of Homeland Security Kirstjen M. Nielsen announced an extension of the Temporary Protected Status (TPS) designation for Yemen for 18 months, effective through 3/3/20. This 18-month extension of Yemen’s designation for TPS permits approximately 1,250 Yemeni TPS beneficiaries to re-register for TPS and remain in the United States with work authorization through March 3, 2020. To be eligible for TPS under Yemen’s current designation, along with meeting the other eligibility requirements, individuals must have continuously resided in the United States since January 4, 2017, and have been continuously physically present in the United States since March 4, 2017. Additional information to be published in the Federal Register.

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OFLC Uploaded New Prevailing Wage Data

DOL announced that on July 1, 2018, OFLC uploaded the newest prevailing wage data from the Occupational Employment Survey as generated by the Bureau of Labor Statistics for the year from July 2018 - June 2019.

The effective July 1, 2018, prevailing wage determinations issued from the National Prevailing Wage Center will reflect the new data.