New Look to Green Cards & EAD Cards  

USCIS will start issuing redesigned cards with enhanced graphics to applicants.  The new cards will start being issued on May 1, 2017.

These redesigns use enhanced graphics and fraud-resistant security features to create cards that are highly secure and more tamper-resistant to prevent document tampering, counterfeiting and fraud; than the ones currently in use.

The Redesigned Cards

The new Green Cards and EADs will:

  • Display the individual’s photos on both sides;
  • Show a unique graphic image and color palette:
  • Green Cards will have an image of the Statue of Liberty and a predominately green palette;
  • EAD cards will have an image of a bald eagle and a predominately red palette;
  • Have embedded holographic images; and
  • No longer display the individual’s signature.

Also, Green Cards will no longer have an optical stripe on the back.

How To Tell If Your Card Is Valid

Some Green Cards and EADs issued after May 1, 2017, may still display the existing design format as USCIS will continue using existing card stock until current supplies are depleted. Both the existing and the new Green Cards and EADs will remain valid until the expiration date shown on the card.

Certain EADs held by individuals with Temporary Protected Status (TPS) and other designated categories have been automatically extended beyond the validity date on the card.

Employers, please note that both the older version and the new cards are acceptable for Form I-9, Employment Eligibility Verification, E-Verify, and Systematic Alien Verification for Entitlements (SAVE).

Some older Green Cards do not have an expiration date.  These older Green Cards without an expiration date remain valid.

Individuals who have Green Cards without an expiration date may want to consider applying for a replacement card bearing an expiration date. Obtaining the replacement card will reduce the likelihood of fraud or tampering if the card is ever lost or stolen.

Nalini S Mahadevan, JD, MBA ▪ nsm@mlolaw.us ▪ Office: 314.932.7111 & 314.402.2024

Disclaimer:  Not meant as legal advice! For information purposes only.

 

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Students at at UNNJ lose their visa!

ICE cancels F-1 Student visas

On April 4 and 5, 2016, the Student and Exchange Visitor Program (SEVP) terminated the visa of nonimmigrant students who had enrolled at the University of Northern New Jersey (UNNJ), and the visas of nonimmigrant students who had transferred from UNNJ.

Why?

The students were found to have knowingly participated in visa fraud because they enrolled at UNNJ to obtain an illegal to maintain their F-1 nonimmigrant status.

UNNJ is a school operated by Homeland Security Investigations (HSI) Newark. It was created as a part of an enforcement action that targeted SEVP-certified schools and officials who sought to fraudulently utilize SEVP and the Student and Exchange Visitor Information System (SEVIS) to commit various violations of federal law.

There are approximately 60 students who are affected and who will receive notification of cancellation of their visa.

Students who are terminated because they were currently  or  enrolled before at UNNJ and choose not to file for reinstatement or have applied to USCIS for reinstatement and whose application is denied, must depart the country immediately.

Not Eligible for Transfer

These students are not eligible for to transfer to another SEVP-certified school unless U.S. Citizenship and Immigration Services (USCIS) approves the student for reinstatement following the student’s termination. Students who transferred to another school from UNNJ will also be terminated and their new school will be notified of the cancellation of their visa.

What to do now?

Call SEVP Response Center at 703-603-3400. This number is staffed from 8 a.m. to 6 p.m. (ET), Monday through Friday, except holidays. The SEVP Response Center is closed every Wednesday from 12:45 to 1:30 p.m. ET for system maintenance and testing.

Provide the following information when calling:

  • First and last name
  • SEVIS ID number
  • Address
  • Telephone number where you can be reached
  • E-mail address
  • Current SEVP-certified school

Nalini Mahadevan JD, MBA

Attorney at Law

314-932-7111 office

nsm@mlolaw.us

website: Mlolaw.us

Disclaimer:  Not meant as legal advice. NOT meant to create an attorney client relationship.  Please call an attorney to obtain advice pertaining to your legal situation.

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New Efforts to Combat Identity Theft on E-Verify

USCIS has announced that the E-Verify program will help combat identity fraud by identifying and deterring fraudulent use of Social Security Numbers (SSNs) for employment eligibility verification.

New Algorithm to Identify Identity Fraud

The new algorithm detects and prevents potential fraudulent use of SSNs to gain work authorization. An employer, for example, may enter information into E-Verify that appears valid – such as a matching name, date of birth, and SSN – but was in fact stolen, borrowed or purchased from another individual. With this new programming, USCIS can now lock a SSN that appears to have been misused, so that it cannot be used by another individual other than the owner of the social security number.

When a social security number is identified as ‘stolen’ by the E-verify system, USCIS may now lock SSNs in E-Verify that appear to have been used fraudulently. To accomplish this step, USCIS says it uses a combination of algorithms, detection reports and analysis to identify patterns of fraudulent SSN use and then lock the number in E-Verify.

The Process

If an employee attempts to use a locked SSN, E-Verify will generate a “Tentative Nonconfirmation” (TNC). The employee receiving the TNC will have the opportunity to contest the finding at a local Social Security Administration (SSA) field office. If an SSA field officer confirms the employee’s identity correctly matches the SSN, the TNC will be converted to “Employment Authorized” status in E-Verify.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
St. Louis, Missouri

The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Tara Mahadevan

Copyright 2013. All rights reserved.

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Employment Practices that Could Lead to Immigration Discrimination, Pt. 2

The Office of Special Counsel (OSC)‘s job is to enforce the Immigration and Nationality Act (INA), which disallows employment-related anti-discrimination based on immigration and citizenship status, and nationality. I previously wrote about OSC’s responses to some employers’ questions on unfair employment practices, such as an employee presenting either invalid or fraudulent documents. OSC also answers immigration-related questions posed by law firms’, pertaining to law firm clients.

If, for example, a general contractor, is hiring out to a subcontractor, and then requires the subcontractor’s employees to again produce original documents — such as a passport or driver’s license — that were already presented during the hiring process and upon completion of a Form I-9 by the subcontractor, then a host of problems can present themselves:

  1. The original documents have expired and the employee has obtained a new version of those documents;
  2. The employee’s immigration status has changed, and thus has different documents to prove work authorization; and
  3. The original documents have been stolen or lost.

This could all amount to a claim by the employees that the general contractor was discriminating against them due to their citizenship or immigration status. Employees could also maintain that they are discriminated against in this case: An employer, who is an E-Verify user, hires a private vendor to disseminate paychecks, also giving the vendor access to Forms I-9. The vendor is authorized to examine the Forms I-9 in order to confirm the identities of employees, who the employer wants to pay.

What could easily happen is that, because the vendor didn’t see the employees’ original documents, he/she inquires about the adequacy of the documents that were initially presented to the employer for I-9 purposes. If the employer feels persuaded to ask his/her employees for further documentation, such a request might be perceived as document abuse, which violates the anti-discrimination provision of the INA. OSC found that the INA was not applicable in either circumstance.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
St. Louis, Missouri

The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Tara Mahadevan

Copyright 2013. All rights reserved.

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USCIS Implements Customer Identity Verification at Field Offices

Starting September 9, 2013, if you are appearing for an interview or applying, or receiving evidence of an immigration benefit, you will be fingerprinted and photographed. This process is in addition to the biometrics check you may have already attended prior to the interview at the USCIS office.

USCIS is calling this new verification tool Customer Identity Verification (CIV) in its domestic field offices. The repeat biometrics could be taken at the info-pass windows of the USCIS office.

How It Works

After a customer is cleared through security, a USCIS officer will electronically scan two fingerprints and photograph the customer in order to verify their identity. CIV is only done for those customers who have an interview or are being issued evidence of an immigration benefit.

How It Helps

CIV is supposed to confirm identity and thereby reduce identity switching or theft. USCIS claims that the process will aid USCIS in verifying a customer’s identity, and improve and streamline the immigration system, while also fighting identity fraud.

However, none of my clients whom I accompanied to their interview were asked by USICS to be fingerprinted. That does not prevent USCIS from implementing the scheme more broadly in the future.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
St. Louis, Missouri

The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Tara Mahadevan

Copyright 2013. All rights reserved.

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Employer Liability on DACA Issues

Mike is 27 and has a GED; he is employed by XYZ company. He applies for an Employment Authorization Document (EAD) card under the Deferred Action for Childhood Arrivals (DACA) Memorandum. When he goes to his boss at XYZ, he tenders the EAD as evidence of his newly minted status as being allowed to work legally. While DACA does not confer status on Mike, he is now allowed to work legally for XYZ. Many employer liability issues arise from this scenario.

Employer Liability

Firstly, as the employer, XYZ could have constructive knowledge of the employee‘s prior unauthorized status. Hence, the employer could be charged under Missouri Omnibus immigration law as ‘knowingly’ employing an unauthorized worker in the US. In addition, XYZ could be charged with violating Form I-9 laws.

Secondly, the employer may have other potential Form I-9 issues. Now that the employer has constructive knowledge of the employee not having work authorization in the US, the employer may have to seriously consider terminating the employee, or could potentially become liable of knowingly retaining an employee whose immigration status is under question.

However, an employer is not supposed to be an immigration document expert. If the employer previously employed a worker who provided false documents that appeared to be valid and to relate to the individual employee, then the employer may provide a “good faith argument” if there is an ICE audit.

Yet, if a prior employee now declares that he/she is eligible for DACA work authorization, the employer needs to make certain that this policy of terminating this ‘newly discovered’ unauthorized employee does not discriminate against other similarly placed employees in the employer’s workforce. In other words, the employer cannot have one policy towards ‘seemingly foreign looking individuals’ and another policy towards ‘seemingly US born individuals’ if both populations present with similar DACA-related issues. This is called national origin discrimination.

Form I-9 Issues

The employer, under I-9 guidance, may have to terminate the employee who needs DACA employment authorization in order to continue working with the employee. The employer may have to terminate the employee and, if needed, rehire after new DACA-related employment authorization has been produced by the employee. The employer may also have to manage employer liability, and purge their employment records of all unnecessary I-9 documents in line with USCIS guidance.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
Lowenbaum Partnership, LLC
St. Louis, Missouri

Tara Mahadevan

Copyright 2012. All rights reserved.

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Post-DACA, Illegal Immigrants Face Challenges in Arizona

After this summer’s Deferred Action for Childhood Arrivals (DACA) Memorandum, illegal immigrants have been on the receiving end of great news. However, the story is slightly different in Arizona, even after many of the state’s immigration laws were found unconstitutional this past July.

Deferred Action Challenges

According to DACA, in order to be eligible for deferred action, a child must, “currently be in school, have graduated from high school, or have obtained a general education development certificate.” Arizona passed Proposition 300 in 2006, which prohibits state-funded schools from admitting undocumented immigrants to free GED classes. The situation has become problematic for illegal immigrants who are now too old to take classes in the public school system.

Denial of Benefits

In August, both Arizona Gov. Jan Brewer and Nebraska Gov. Dave Heineman issued executive orders to prohibit deferred action applicants from acquiring a driver’s license or other public benefits. Texas Gov. Rick Perry has also followed suit.

Taking the GED

While it is not compulsory to take a GED course before taking the exam, it is required that test-takers present two forms of identification at the exam. Many undocumented immigrants do not have green cards or work visas, which complicates things. The best option is to take an online course, which does not necessitate legal presence.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
Lowenbaum Partnership, LLC
St. Louis, Missouri

Tara Mahadevan

Copyright 2012. All rights reserved.

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DHS Enforcement Actions — July 2012

On July 19, Department of Homeland Security’s (DHS) Secretary Janet Napolitano spoke before the House Judiciary Committee, offering important information on how US immigration law enforcement would affect employers.

US Immigration and Customs Enforcement

Since January 2009, ICE has audited 8,079 employers who are suspected of “knowingly hiring” workers who do not have authorization to work in the US. The federal government has also debarred 726 companies and individuals from federal contracts; imposing and collecting more than $87.9 million in fines and sanctions against companies and their officers.

Sec. Napolitano said ICE will eliminate high-profile raids on worksites because such raids do little to improve public safety. The government now feels that deportation of criminal aliens and unauthorized workers is having little affect on employers’ willingness to hire these individuals. Instead, the government will renew and focus its efforts on Form I-9 inspections; civil fines; debarment; and employer education and compliance with current law.

USCIS, ICE and the Office of Special Counsel (OSC) have greatly increased their engagement with employers and the public through national and local stake holder meetings, webinars and newsletters. Self-check through E-Verify is also encouraged for individual employees. There are now 385,000 companies participating in E-Verify with more than 1.1 million hiring sites. E-Verify is also developing a robust customer service hotline; and increasing outreach staff to promote the E-Verify’s benefits, and educate employers and employees about rights and responsibilities.

Federal agencies receive information to prosecute employers through local police enforcement; traffic stops; criminal prosecutions and informers; and through employee complaints to ICE hotlines and OSC online complaint forms.

The Obama Administration is refocusing efforts on worksite compliance and arrests of unauthorized and criminal aliens, and deporting these aliens at great cost to their countries of origin.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
Lowenbaum Partnership, LLC
St. Louis, Missouri

Tara Mahadevan

Copyright 2012. All rights reserved.

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Missouri Lawyers Weekly: Immigration decision may have impact on Missouri laws

My coworker, Diane Metzger, and I were recently interviewed for an immigration article in Missouri Lawyers Weekly. The article focuses on the Supreme Court’s ruling of Arizona immigration law, and how the ruling may affect Missouri immigration law.

Reprinted with permission from Missouri Lawyers Media.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
Lowenbaum Partnership, LLC
St. Louis, Missouri

Tara Mahadevan

Copyright 2012. All rights reserved.

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Arizona Immigration Law

Arizona’s aggressive immigration law was recently challenged in the Supreme Court on the grounds that it may be unconstitutional. However, while multiple provisions were struck down, one still remains: “papers, please”.

Papers Please

“Papers, please”– Section 2(B) in SB 1070 — allows police to inquire about immigration status if there is any “reasonable suspicion” that the person in question is an illegal immigrant. Many believe that this provision will invite the police to employ racial profiling.

Questionable Constitutionality

Arizona’s immigration law was largely brought to trial because of its questionable unconstitutionality — the Supreme Court unsure if state laws were hindering the federal government’s right to maintain immigration laws. However, SB 1070 was upheld because the Justices were unable to decide whether the law was replacing or reinforcing federal immigration laws. Along with “papers, please”, police are also allowed to check an arrestee’s immigration status before release.

Constitutional Rights Attacked

There is much room for debate with the “papers, please” provision. Equal protection, free speech and due process are all issues that could strike the provision. While Arizona won Section 2B, the Supreme Court was successful in striking down three provisions that were unconstitutional. Two provisions deemed it a crime for illegal immigrants to reside and look for employment while in Arizona. The third provision allowed the police to arrest anyone whom they believe carried out a deportable offense.

There are several states, including Missouri, that have similar bills in the state Senate and House that are waiting passage. These laws strengthen the law enforcement’s ability to “racially profile” drivers on the road. However unless it is in the course of an offense, law enforcement cannot stop a person to check for the immigration papers.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
Lowenbaum Partnership, LLC
St. Louis, Missouri

Tara Mahadevan

Copyright 2012. All rights reserved.

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