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Compliance News Flash – May 3, 2019
 
 

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our clients as well as employers and consumer reporting agencies generally.


  • Employers are again receiving “no-match letters” from the Social Security Administration (SSA). No-match letters—called Employer Correction Requests—are sent when SSA discovers a mismatch between information provided by employers for wage reporting purposes and SSA’s records. A “no-match” results when an employee’s name does not match the social security number provided to SSA. Read my full blogpost with advice for how employers should respond to receipt of a no-match letter here.

  • Federal Trade Commission (FTC) Director of Consumer Protection Andrew Smith said in an interview that it is a goal of the FTC to bring more actions for substantial violations of the EU-U.S. Privacy Shield framework. The FTC has already taken action against companies for “technical” violations of the Privacy Shield Program (e.g., false claim to participation, misrepresentation in one’s privacy policy about participation) (click here and here). According to Director Smith, the FTC will take Privacy Shield enforcement cases as the FTC finds them. The Privacy Shield program provides European and American companies a framework to move data freely between Europe and the U.S. in compliance with privacy protection laws, generally referred to as “cross-border transfers of data.” Read more here 

  • U.S. Citizenship and Immigration Services (USCIS) published the top 10 ways that USCIS is improving the integrity of the immigration system. See the infographic by clicking here. Of particular note to employers are numbers 5, 6, 7 and 8, which are listed below:

    • Ensuring petitioners meet the burden of proof and rescinding guidance that required USCIS officers give deference to the findings of a previously approved petition by the same employer – meaning, every petition stands on its own merit.

    • Combatting H-1B abuse at third-party worksites – consultants and staffing agencies should pay special attention here, when employees are placed at third-party worksites.

    • Expanding site visits – meaning, more site visits to review information provided in employment-based petitions.

    • Protecting U.S. workers from discrimination and combatting fraud.

  • The Form I-94 Arrival/Departure Record (“I-94”) used for immigration purposes is changing from all numeric to alphanumeric beginning in May 2019. The I-94 is the arrival and departure record issued by Customs and Border Protection (CBP) to visitors entering the United States (e.g., tourists, students, and temporary workers, such as H-1B workers). Currently, the I-94 is eleven digits of only numbers. CPB announced that the I-94 will remain at eleven digits but will consist of ten numbers, followed by a letter, and finished with another number. This change has the potential to impact vendors with electronic solutions that require information from the I-94 be inputted into the system. Check out the CBP website for more information about changes to the I-94 by clicking here. 

  • If you are a member of the National Association of Professional Background Screeners (NAPBS) join me, Mark Weinberg from Data Diver, Bryan Snow from Wholesale Screening Solutions, and Vince Brodt from SJV & Associates for a Members-Only, free webinar on May 8, 2019 at 3 pm EST on The Evolution of Background Screening and the Proper Use of Data. Members can register through the Thursday Letter. The webinar is sponsored by Berg Consulting Group.
       

      If you have any questions or need assistance on any point raised in this Compliance News Flash please contact:

       
       
      Montserrat Miller  

      Montserrat C. Miller
      Partner, DC Office
      202.677.4038
      montserrat.miller@agg.com

       

       

      The information presented provides a general summary and/or recent legal and regulatory developments. It is not intended to be, and should not be relied upon as legal advice.
       
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