Employer

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US: Reminder - New Edition of Form I-9 Becomes Mandatory On January 22

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USCIS’s revised edition of the I-9 employment eligibility verification form, dated 11/14/16, will become mandatory for employers on January 22, 2017. Until that date, employers may continue to use the version dated 03/08/13.

The new edition, which was released in November, does not change the key substantive questions on Form I-9 or the list of acceptable identity and work authorization documents, but it contains some format changes that are intended to reduce completion errors when the form is filled out on a computer. 

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US: Reminder - FY 2017 H-1B cap filing season opens soon

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On Friday, April 1, 2016, U.S. Citizenship and Immigration Services will begin to accept H-1B cap petitions for the FY 2017 quota of 85,000. The demand for new H-1Bs could exceed last year’s record level, meaning that the cap is likely to be exceeded in the critical first five business days of the filing season. 

The filing window for FY 2017 cap cases is the week of Friday, April 1 through Thursday, April 7. Cases received by USCIS during this period are treated equally for cap counting purposes. 

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Republic of Guinea: New localization requirement for employers hiring foreign workers

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Employers in the Republic of Guinea that seek to hire non-Economic Community of West African States (ECOWAS) workers must comply with a localization plan requirement. Employers who already employ non-ECOWAS foreign workers have 90 days to provide their Africanization plan.

Key Requirements

Key requirements of each Africanization plan include the following:

  • The employer must provide an outline of its plans to train Guinean executives;
  • The plan must include an authorization from the public employment service and the Guinean Agency Promoting Employment (AGUIPE); and
  • The implementation time must not exceed two years for supervisors and four years for higher positions.

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US: H-1B cap reminder: To ensure timely filing, gather documents and submit LCAs now

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With just over two months until the start of the FY 2017 H-1B cap filing season, employers should be working with their immigration counsel to gather necessary documents and submit required labour condition applications (LCAs) so that they are ready to submit cap petitions during the week of Friday, April 1 to Thursday, April 7, 2016.

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Canada: Job postings to be listed on new job bank

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On or after February 1, 2016, employers will not be able to advertise new jobs in job bank accounts created before February 24, 2015, and instead will have to open a new job bank account on the new Job Bank website. To open a new job bank account, employers must have a Canadian social insurance number.

The benefits of the new Job Bank website include:

  • Improved online account management;
  • No translation delays due to a streamlined translation system on the website;
  • Enhanced security;
  • Paperless registration; and
  • Enhanced job match service.

Jobs advertised prior to January 31 using the old employer accounts system will continue to be advertised until the postings expire.

What This Means for Employers

Employers should create an account on the new Job Bank website to post job listings on or after February 1, 2016. 

Employers without a Canadian social insurance number may designate a Canadian citizen or permanent resident as a third-party representative to manage the employer account.

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USA: Increased fees for high-volume H-1B and L-1 employers take effect

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As part of the FY 2016 appropriations legislation, Congress has reauthorized and expanded the fees that certain high-volume H-1B and L-1 employers must pay.  All employers with 50 or more employees in the United States, more than 50 percent of whom are in H-1B or L-1 status, are required to pay an additional $4,000 fee with each H-1B petition and extension, and an additional $4,500 fee with each individual L-1 petition, extension and blanket L application.  

The fee was signed into law on December 18, 2015 and took effect immediately.  It will remain in place until September 30, 2025.  The fee will be used in part to fund a biometric entry-exit data system.