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Immigration Law Update

E-Verify Federal Contractor Rule Postponed Again.

The applicability date of the final rule requiring federal contractors and subcontractors to begin using U.S. Citizenship and Immigration Services' E-Verify system has been delayed until Sept 8, 2009. When it does takes affect, the rule will direct federal acquisition officers to include in certain federal contracts and solicitations a clause requiring contractors to use the E-Verify program to verify the employment eligibility of all new hires, as well as the eligibility of existing employees who will directly perform work under the contract. This rule will apply to federal contracts valued in excess of $100,000, and with a performance period lasting more than 120 days. Additionally, service or construction subcontracts of an underlying contract covered by the new federal law will also be required to include the E-Verify clause if the value of the subcontract is in excess of $3,000.

Regulation delayed requiring Federal Contractors to use E-Verify System

Federal contractors and subcontractors will be required to begin using the U.S. Citizenship and Immigration Services’ E-Verify system starting May 21, 2009, to verify their employees’ eligibility to legally work in the United States. This new rule requires federal contractors to agree, through language inserted into their federal contracts, to use E-Verify to confirm the employment eligibility of all persons hired during a contract term, and to confirm the employment eligibility of federal contractors’ current employees who perform contract services for the federal government within the United States.

Federal contracts awarded and solicitations issued after May 21, 2009 will include a clause committing government contractors to use E-Verify. The same clause will also be required in subcontracts over $3,000 for services or construction. Contracts exempt from this rule include those that are for less than $100,000 and those that are for commercially available off-the-shelf items. Companies awarded a contract with the federal government will be required to enroll in E-Verify within 30 days of the contract award date. They will also need to begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States. USCIS.GOV

USCIS Delays Rule Changing List of Documents Acceptable to Verify Employment Eligibility (I-9). Reopens Public Comment Period for 30 days.

U.S. Citizenship and Immigration Services (USCIS) announced today it has delayed by 60 days, until April 3, 2009, the implementation of an interim final rule entitled “Documents Acceptable for Employment Eligibility Verification” published in the Federal Register on Dec. 17, 2008. The rule streamlines the Employment Eligibility Verification (Form I-9) process.

Employers must complete a Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States. The interim final rule will amend regulations governing the types of acceptable identity and employment authorization documents employees may present to their employers for completion of the Form I-9. Under the interim rule, employers will no longer be able to accept expired documents to verify employment authorization on the Form I-9. USCIS.GOV

USCIS Revises Direct Mail Program for the Application for Naturalization (Form N-400)

Effective Jan. 22, 2009, applicants must submit Form N-400 and related supplements to one of two new USCIS Lockbox facilities for initial processing, using the following addresses:

If You Reside In: Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming, Territory of Guam, or Northern Mariana Islands, file your N-400 with:

USCIS Lockbox Facility
U.S. Citizenship and Immigration Services
P.O. Box 21251
Phoenix, AZ 85036

Courier and Express Mail Deliveries
USCIS, Attn: N-400
1820 E. Skyharbor Circle S. Floor 1
Phoenix, AZ 85034

If You Reside In:Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, West Virginia, or U.S. Virgin Islands, file your N-400 with:

USCIS Lockbox Facility
U.S. Citizenship and Immigration Services
P.O. Box 299026
Lewisville, TX 75029

Courier and Express Mail Deliveries
USCIS, Attn: N-400
2501 S. State Hwy 121, Bldg. 4
Lewisville, TX 75067

USCIS.GOV



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