The Department of Homeland Security (DHS) will finalize a new regulation on June 26 which…
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USCIS Rule Strengthens Employment Eligibility Requirements for Asylum Seekers
U.S. Citizenship and Immigration Services today announced a regulatory change to deter aliens from illegally entering the United States and from filing frivolous, fraudulent, or otherwise non-meritorious claims for asylum to obtain an employment authorization document. This rule does not alter asylum eligibility criteria in any way and will be effective on Aug. 25. This,
U.S. Citizenship and Immigration Services today announced a regulatory change to deter aliens from illegally entering the United States and from filing frivolous, fraudulent, or otherwise non-meritorious claims for asylum to obtain an employment authorization document. This rule does not alter asylum eligibility criteria in any way and will be effective on Aug. 25.
This rule stems from the April 29, 2019, Presidential Memorandum on Additional Measures to Enhance Border Security and Restore Integrity to Our Immigration System, which emphasizes that it is the policy of the United States to manage humanitarian immigration programs in a safe and orderly manner, and to promptly deny benefits to those who do not qualify.
“Safeguarding the integrity of our nation’s legal immigration system from those who seek to exploit or abuse it is key to the
USCISmission,” said Joseph Edlow, the USCIS Deputy Director for Policy. “The reforms in this rule are designed to restore integrity to the asylum system and to reduce any incentive to file an asylum application for the primary purpose of obtaining work authorization.
It also deters frivolous and non-meritorious applications by eliminating employment authorization for aliens who have failed to file for asylum within one year of their last entry until USCIS or an immigration judge determines the alien’s eligibility for asylum.”
The rule prevents aliens who, absent good cause, illegally entered the United States from obtaining employment authorization based on a pending asylum application.
Additionally, the rule defines new bars and denials for employment authorization, such as for certain criminal behavior; extends the wait time before an asylum applicant can apply for employment authorization from 150 days to 365 calendar days; limits the employment authorization validity period to a maximum of two years; and automatically terminates employment authorization when an applicant’s asylum denial is administratively final.
Source: USCIS Rule Strengthens Employment Eligibility Requirements for Asylum Seekers
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The Foreign Labor Application Gateway (FLAG) at https://flag.dol.gov/ serves as the Department of Labor’s comprehensive digital portal for employers seeking to hire foreign workers through various employment-based immigration programs. For employers navigating the complex PERM Labor Certification process, FLAG has become an indispensable tool that streamlines compliance with recruitment advertising requirements outlined in 20 CFR,
The Foreign Labor Application Gateway (FLAG) at https://flag.dol.gov/ serves as the Department of Labor’s comprehensive digital portal for employers seeking to hire foreign workers through various employment-based immigration programs. For employers navigating the complex PERM Labor Certification process, FLAG has become an indispensable tool that streamlines compliance with recruitment advertising requirements outlined in 20 CFR 656.17.
When conducting PERM recruitment activities, employers must meticulously document their good faith efforts to recruit U.S. workers before hiring foreign talent. FLAG integrates seamlessly with these requirements by providing a centralized platform to submit, track, and manage labor certification applications. The system specifically supports employers in demonstrating compliance with mandatory recruitment steps, including the placement of job orders with State Workforce Agencies, professional journal advertisements, and additional recruitment activities as specified under 20 CFR 656.17(e). By utilizing FLAG, employers can ensure their recruitment efforts align with Department of Labor standards, potentially reducing the risk of audit or denial during the PERM certification process.
PERM Recruitment Requirements and FLAG Integration
FLAG’s role in the PERM process becomes particularly valuable when addressing the specific recruitment documentation requirements of 20 CFR 656.17. The regulation mandates that employers conduct recruitment steps within 180 days of filing, including two Sunday newspaper advertisements, a 30-day job order with the State Workforce Agency, and three additional recruitment activities from a designated list. FLAG not only facilitates the proper filing of these recruitment efforts but also helps employers maintain the required recruitment report detailing lawful job-related reasons for rejecting U.S. applicants.
Recent updates to FLAG have enhanced its functionality for PERM applications, allowing employers to more efficiently upload supporting documentation, track prevailing wage determinations, and monitor case status in real-time. For immigration attorneys and HR professionals managing PERM cases, FLAG’s user interface provides critical visibility into the certification process, helping ensure that all regulatory requirements are met before and during the application period. As labor certification requirements continue to evolve, FLAG remains the authoritative platform for employers seeking to navigate PERM recruitment compliance successfully.
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The H1B Guy News for the week ending December 3, 2021.
Topics:
H1B in Decline
Documented Dreamers in Limbo
The Number of Immigrant Workers With H1-B Visas Drops the Most in a Decade
https://www.bloomberg.com/news/articl…
Ross, Padilla Lead 49 Colleagues in Urging DHS to Expand DACA Eligibility to Documented Dreamers
https://ross.house.gov/media/press-re…
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What is an EDD Number? An EDD Number is technically the state unemployment insurance identification number that the Employment Development Department of California issues a company. Here’s a visual example from the UI Online FAQ: How do I register for an EDD Number? To register for an EDD Number (in California) use this link: https://www.edd.ca.gov/payroll_taxes/e-Services_for_Business.htm,
What is an EDD Number?
An EDD Number is technically the state unemployment insurance identification number that the Employment Development Department of California issues a company.
Here’s a visual example from the UI Online FAQ:
How do I register for an EDD Number?
To register for an EDD Number (in California) use this link: https://www.edd.ca.gov/payroll_taxes/e-Services_for_Business.htm
The EDD Number form will look like this when you receive it. (see below image)
It’s on a form known as DE-5614. Click here for a PDF sample: https://www.edd.ca.gov/pdf_pub_ctr/de5614.pdf
How do I find my company’s EDD Number?
Per the EDD do as follows:
All Unemployment Insurance customers who file a new claim will automatically receive their Employment Development Department (EDD) Customer Account Number (DE 5614) letter within 10 business days of filing.
If you have lost, misplaced, or never received your EDD Customer Account Number, contact the EDD:
Online: Go to Ask EDD and select the category Unemployment Insurance Benefits, the sub category UI Online, and the topic EDD Customer Account Number. Select Continue at the bottom of the page to begin the process of submitting your message.
By Phone: Call 1-800-300-5616 from 8 a.m. to 8 p.m. (Pacific time), seven days a week.
Why do I need an EDD Number for PERM Recruitment?
What else can I use my EDD Number for?
UI Online
Register for UI Online
CalJobs Registration
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