Sebelist Buchanan Law

04/09/2022

The Tennessee Legislature is considering a bill which will expand the number of employers required to use E-Verify program to determine whether new hires are authorized to work. Since January 1, 2017, the Tennessee Lawful Employment Act (TLEA) has required employers with 50 or more employees nationwide to use E-Verify for new hires.
Recently, the state House of Representatives voted to accept a Senate amendment, which seeks to lower the employee threshold to 35. The 35-employee threshold was a compromise as the legislation originally sought a 25-employee threshold. Beforehand, the state House of Representatives passed HB1853, by a vote of 79 to 11, seeking a 25-employee threshold. It still needs to be passed by the Senate and sent to the Governor, who is expected to sign the bill. If passed and signed into law, it would become effective on January 1, 2023.
Additionally, the bill includes a provision protecting employers from retaliatory discharge, or unlawful termination, if an unauthorized employee applies for workers compensation due to an injury on the job.
Immigrant-rights advocates have called on legislators to vote against the bill’s passage, describing E-Verify as a flawed system that adds additional burdens to small businesses while targeting undocumented workers. Additionally, as Tennessee recovers from the pandemic, the bill would add one more burden to small businesses to trying to hire new employees.
Currently, Tennessee’s 50-employee threshold is the highest of the eight states requiring employers to utilize E-Verify. The other states, Alabama, Arizona, Georgia, Mississippi, North Carolina, South Carolina, and Utah, have employee threshold from one employee to 25 employees (North Carolina).
Given the Republicans have a “super majority” in both Tennessee houses and an ultra-conservative Republican governor, it appears inevitable that the E-Verify employee threshold will be reduced to 35 employees.
If you want to know more information on issues related to employer immigration compliance, I recommend you read The I-9 and E-Verify Handbook, a book I co-authored with Greg Siskind, and available at http://www.amazon.com/dp/0997083379.

The I-9 and E-Verify Handbook: A Guide to Employment Verification and Compliance

03/24/2021

USCIS notice extending the designation of Syria for TPS for 18 months and re-designating Syria for TPS for 18 months, effective March 31, 2021 through September 30, 2022. The registration period opened on March 19. If you have any questions or concerns and want to understand how your immigration case may be impacted, give us a call today at (615) 345-0266 or click on "Book Now" to schedule a consultation!

03/24/2021

On Thursday, March 18, 2021, the House passed two bipartisan immigration bills that would create a pathway to citizenship to many eligible individuals. One bill would offer “Dreamers” a pathway to citizenship and extend protections for TPS holders. The second bill would give some farm workers a way to apply for a green card. This is not a law yet, as the Senate needs to pass it as well and President Biden will have to sign it into law. If you have any questions or concerns and want to understand how your immigration case may be impacted, give us a call today at (615) 345-0266 or click on "Book Now" to schedule a consultation!

03/08/2021

The Secretary of Homeland Security is designating Venezuela for Temporary Protected Status (TPS) for 18 months, until September 2022. This new designation of TPS for Venezuela enables Venezuelan nationals currently residing in the United States to file initial applications for TPS, so long as they meet eligibility requirements. If you have any questions or concerns and want to understand how your immigration case may be impacted, give us a call today at (615) 345-0266 or click on "Book Now" to schedule a consultation!

03/08/2021

USCIS has announced it is going back to the 2008 version of the naturalization civics test. The civics test is administered to applicants who apply for U.S. citizenship through naturalization. Applicants must demonstrate a knowledge and understanding of the fundamentals of the history, principles, and form of government of the United States.
If you have any questions or concerns and want to understand how your immigration case may be impacted, give us a call today at (615) 345-0266 or click on "Book Now" to schedule a consultation! We would be happy to provide the test items and study guides for the naturalization civics test.

03/03/2021

USCIS is expanding Premium Processing Service to E-3 Australian Petitioners. The USCIS premium processing service allows petitioners to pay a $2500 fee to expedite the adjudication of certain forms, including I-129, generally within 15 days.
If you have any questions or concerns and want to understand how your immigration case may be impacted, give us a call today at (615) 345-0266 or click on "Book Now" to schedule a consultation!

02/25/2021

President Biden issued a proclamation yesterday, revoking Proclamation 10014, section 1 of Proclamation 10052, and section 1 of Proclamation 10131, rejecting the previous administration’s claim that the entry of immigrants presents a risk to the U.S. economy during the COVID-19 pandemic.
If you have any questions or concerns and want to understand how your immigration case may be impacted, give us a call today at (615) 345-0266 or click on "Book Now" to schedule a consultation!

01/27/2021

If you have any questions or concerns and want to understand how your immigration case may be impacted, give us a call today at (615) 345-0266 or click on "Book Now" to schedule a consultation!

01/20/2021

New development: Venezuelans living in the United States may soon be able to receive work permits. If you have any questions or concerns regarding the Deferred Enforced Departure for Certain Venezuelans, give us a call today at (615) 345-0266 or click on "Book Now" to schedule a consultation!

MEMORANDUM FOR THE SECRETARY OF STATE THE SECRETARY OF HOMELAND SECURITY SUBJECT: Deferred Enforced Departure for Certain Venezuelans The autocratic govern

12/08/2020

DACA update: a Court has now ordered full restoration of DACA, including initial applications. USCIS is now accepting the following applications:
• Initial or first-time DACA applications;
• Renewal DACA applications; and
• Advance Parole applications for DACA recipients.

As a reminder, an individual may be considered for Initial DACA if he or she:
1. Was under 31 years of age as of June 15, 2012;
2. Came to the United States before reaching his or her 16th birthday;
3. Has continuously resided in the United States since June 15, 2007, up to the present time;
4. Was present in the United States on June 15, 2012 and is now present in the United States;
5. Had no lawful status on June 15, 2012;
6. Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED certificate, or is an honorably discharged veteran of the U.S. Armed Forces or U.S. Coast Guard; and
7. Has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and does not otherwise pose a threat to national security or public safety.

If you are granted Advance Parole, travel outside the United States and then re-enter the U.S. with advance parole, this would qualify as a lawful entry for the purposes of adjusting status. For example, an individual with DACA who has a lawful entry and that has married a U.S. citizen may generally file an adjustment of status application.

USCIS is also taking the following actions based on the judge’s order:
• Extending the one-year grants of deferred action under DACA to two years; and
• Extending one-year employment authorization documents under DACA to two years.

If you have any questions or concerns and would like to know more about renewing your DACA status or applying for DACA for the first time, give us a call today at (615) 345-0266 or click on "Book Now" to schedule a consultation!

11/19/2020

DACA update: a Federal district court invalidated the July 28, 2020 DHS memo restricting DACA. The case will now include all the individuals who are or will be eligible for DACA under the terms of the original 2012 DACA program. At Sebelist Buchanan Law, we believe that DHS must restore DACA to its original 2012 status, which would also mean accepting initial DACA requests. For now, we are closely monitoring the situation. If you have any questions or concerns and would like to know more about renewing your DACA status or applying for DACA for the first time, give us a call today at (615) 345-0266 or click on "Book Now" to schedule a consultation!

10/07/2020

USCIS released some updates regarding Temporary Protected Status (TPS) beneficiaries’ eligibility for adjustment of status: first, a TPS beneficiary residing in the Sixth Circuit is deemed to be inspected and admitted for purposes of adjustment of status under INA 245(a), but only so long as he or she remains in TPS when USCIS adjudicates the application for adjustment of status. Second, TPS beneficiaries returning to the United States after traveling on advance parole will not satisfy the “inspected and admitted or paroled” eligibility requirement for obtaining adjustment of status to lawful permanent residence. If you have any questions or concerns or want to understand how your immigration case may be impacted, give us a call today at (615) 345-0266 or click on "Book Now" to schedule a consultation!