Employer Immigration Compliance Update


Today the USCIS published the new Form I-9 for employers to use. By Jan. 22, 2017, employers must use only the new version, dated 11/14/2016 N. Until then, an employer can continue to use the version dated 03/08/2013 N or the new version.

The changes in the new Form I-9 include the following:

  • Section 1 asks for “other last names used” rather than “other names used.”
  • The addition of prompts to ensure information is entered correctly.
  • The ability to enter multiple preparers and translators.
  • A dedicated area for including additional information rather than having to add it in the margins.
  • A supplemental page for the preparer/translator.

This new change should key employers to not only update the Form I-9 but also to update their training and immigration compliance practices. Employers with questions about immigration compliance should contact an experienced employment immigration attorney.


Form I-9 Software Compliance

immigrationEven with the new I-9 Form coming in January 2017, many employers use I-9 Software. The use of I-9 Software should also be compliant.  The attached supplies information to address employer’s and HR’s compliance in using Form I-9 Software.

Labor & Employment Attorney ranked as top Kansas lawyer by Chambers USA

Chambers USA has issued its 2015 selection of top Kansas attorneys. Trinidad Galdean was again ranked by businesses and clients as a top lawyer in the labor and employment law area.  The Guide states that he is “known for his representation of employers in compliance and litigation.”  Trinidad also represents clients on immigration matters.  Chambers USA ranks lawyers on several factors investigated by a team of over 140 researchers.  Lawyers are ranked in practice areas based on their legal knowledge and experience, their ability, their effectiveness, and their client-service.

Immigration Resources Now Available In Spanish

Spanish speaking clients and business owners frequently seek out attorney Trinidad Galdean, due to his experience in immigration issues and his ability to address their needs in Spanish. Trinidad utilizes his Spanish speaking ability to assist clients and employers on visa applications and other immigration related matters.  It is important for all clients to understand legal issues in their primary language.  The U.S. Citizenship and Immigration Services (“USCIS”) recently started a Spanish blog, USCIS Compás, to inform Spanish speaking individuals regarding immigration issues.  The USCIS also created a Facebook page, USCIS Español, to provide additional immigration information in Spanish.  While these resources are helpful, individuals and business owners should still consider consulting an experienced immigration attorney when dealing with matters of immigration law.

HR Staying Current – Employment Law Update 2015

Employers and Human Resource Professionals today deal with continued changes in employment law.  On April 15, 2015, Trinidad Galdean, JD, PHR, SHRM-CP, will be speaking to the Wichita Society of Human Resources Management (Wichita SHRM) on Employment Law Updates for 2015.  Knowledge about these recent changes and those on the horizon are key to minimizing and preventing workplace claims. Individuals interested in attending can register with the Wichita SHRM Chapter.

H-1b Visa Spouses Eligible for Employment Authorization

In an announcement today, the Department of Homeland Security will permit eligibility for employment authorization to H-4 dependent spouses.  These eligible H-4 dependent spouses are those married to an H-1b nonimmigrant seeking lawful permanent resident status through their employer.

H-1b visas holders are professionals in a specialty occupation.  In working with an employer, the employer may assist the H-1b individual with securing employment based lawful permanent resident status.  Currently, during this process, the H-1b holder’s spouse (i.e. H-4 dependent) is generally unable to work.  The new rule, however, changes some of these employment issues.

This new eligibility derives from the President’s November 2014 Executive Order on immigration.  It is expected this rule will make 179,000 more individuals eligible to apply for employment authorization this year and up to 55,000 more individuals eligible each subsequent year.

Applications to secure employment authorization under this new change will begin to be accepted on May 26, 2015.  Both individuals and employers looking to benefit from this change should consult with an experienced employment immigration attorney.

Increased interest with Expanded DACA continues (Spanish)

I gave one of my first news interviews in Spanish with the Spanish news channel of Univision on the immigration issues involving Expanded DACA and DAPA.  These immigration issues will become even more important for individuals and employers when applications on the programs can be filed on Feb. 18.  More information is needed to assist individuals and employers on these issues and their positive impact.