Total Articles: 152
Jackson Lewis Employers’ Immigration Update (February 2012)
DOJ Settles with Company that Specified Acceptable I-9 Documents for Latino Workers.
DHS Outlines Plans to Attract and Retain Highly-Skilled Immigrants and Entrepreneurs
In a January 31, 2012 press release, the Department of Homeland Security (DHS) announced plans to reform some administrative practices to ease the visa process and reduce immigration burdens in an effort to retain highly-skilled foreign nationals and attract new business investment to the United States. The proposed reforms are being implemented in line with the White House Startup America Legislative Agenda, which proposes tax breaks, capital for startups, and visa reforms to boost high-skilled workers and entrepreneurs. DHS stated that “the President supports legislative measures that would attract and retain immigrants who create jobs and boost competitiveness in the U.S., including creating a ’Startup Visa,’ strengthening the H-1B program, and ’stapling’ green cards to the diplomas of certain foreign-born graduates in science, technology, engineering, and math (STEM) fields.” DHS did not disclose when the proposed reforms will be implemented, and the changes will not likely take effect for several months or more, until they progress through the federal regulatory approval process.
Immigration eAuthority (January 2012)
February 2012 Visa Bulletin: EB-2 India and China Priority Dates Leap Forward One Year; H-1B Fiscal Year 2013 Filing Season - Get Ready for April 2; PERM Profile - Updates and Trends in the Labor; Certification Process; Compliance Corner.
Obligation of U.S. Citizens and "Tax Residents"
Many people who have come from abroad do not realize the nature and seriousness of the obligation of U.S. citizens and “tax residents” to report to the IRS their worldwide financial holdings regardless of whether they will owe U.S. tax on them, and that they also are taxable in the U.S. on their worldwide income subject to exemptions and tax treaties. Many people do not realize that tax residents include not only people who have obtained a “green card” for U.S. permanent residence, but also people who have had certain amounts of physical presence in the U.S. without a green card (in temporary status or no status at all). Foreign nationals might not realize how severe are the penalties for non-compliance with the asset reporting obligation, not to mention the tax payment obligation. The opportunity to cure reporting failures should be seriously considered.
OSC "Fact Pattern Flyer" about Discrimination: Accidentally Misleading?
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) in the U.S. Department of Justice recently published a three-page "Fact Patters Flyer," listing examples of immigration status and national origin discrimination in employment. In viewing the set of employer actions purely from the point of view of discrimination, the OSC accidentally gives the false impression that certain actions are appropriate if all workers are treated the same, and employers should be counseled not to take that implication. Misleading Examples. For instance, the list includes when an employer "rejects valid work authorization documents from non‐U.S. citizens but accepts the same documents from U.S. citizens," implying that it would be lawful for an employer to reject Social Security cards as List C documents of work authorization for I-9 purposes for ALL workers, whether they check Section 1 to reflect U.S. citizenship, nationality, permanent residence, or foreign national status.
Immigration eAuthority (December 2011)
January 2012 Visa Bulletin: Continued Forward Movement in EB-2 India and China Priority Dates; Fiscal Year 2012 H-1B Cap Exhausted; House of Representatives Passes the Fairness for High-Skilled Immigrants Act (H.R. 3012); Discrimination Enforcement on the Rise.
Export Compliance and the HR Manager -- Another “Hat” for Human Resources Personnel
As the year is winding down, I thought we should discuss a new compliance issue that has emerged over the past year that’s important for you and your human resources (HR) manager. I am talking about the U.S. Citizenship and Immigration Services (USCIS) I-129 Petition for a Nonimmigrant Worker form. Find the USCIS I-129 form here. Employers petitioning for an alien to temporarily come to the U.S. in order to work or to receive training must complete this form. Usually, a company’s HR department will complete the form. In February 2011, a new section was added to the form (“Part 6″). It is mandatory for those employers applying for H-1B, H-1B1 Chili/Singapore, L-1, and O-1A visas. And, here is the scary compliance twist: the HR manager has to certify that he/she has read and complied with the deemed export rules of the Departments of Commerce and State.
House of Representatives Passes the Fairness for High-Skilled Immigrants Act (H.R. 3012)
On November 29, 2011, the U.S. House of Representatives passed the Fairness for High-Skilled Immigrants Act (H.R. 3012). The bill eliminates the per-country numerical limitation on employment-based green card numbers by fiscal year 2015. The bill also increases family-based visa limits from 7% per country to 15% per country.
Immigration eAuthority (November 2011)
Update on H-1B Cap Count for Fiscal Year 2012; December 2011 Visa Bulletin: EB-2 India and China Advance Considerably; New Wave of I-9 Audits Looming; E-Verify Cropping Up in Additional State Jurisdictions.
Immigration for Employers Winter 2011
Department of Labor Delays Spell Trouble for Employers Seeking to Hire Foreign Nationals; Jackson Lewis Immigration Attorneys Recognized by Peers; Jackson Lewis Expands Presence in Austin, Texas;
About the Jackson Lewis Global Immigration Practice Area.
DHS Extends Temporary Protected Status for Hondurans and Nicaraguans
The Department of Homeland Security (DHS) has announced an extension of Temporary Protected Status (TPS) for eligible nationals of Honduras and Nicaragua for an additional 18 months, beginning January 6, 2012, and ending July 5, 2013. Eligible applicants must re-register during the 60-day re-registration period that runs from November 4, 2011 through January 5, 2012.
Immigration eAuthority (November 2011)
Blanket L Visa Processing in India to be Centralized at U.S. Consulate General in Chennai; Update on H-1B Cap Count for Fiscal Year 2012: Available Numbers Almost Exhausted
Immigration eAuthority (October 2011)
H-1B Cap Count: “Master’s Cap” Reached and New H-1B Visa Availability Almost Exhausted for Fiscal Year 2012
USCIS to Stop Mailing I-797 Receipt and Approval Notices Directly to Employer
DOL Processing Times for Prevailing Wage Requests for PERM – Delays Continue
State Immigration Law Updates: Alabama
ICE Turns Up the Heat On Convicted Criminal Aliens
On September 28, 2011, U.S. Immigration and Customs Enforcement (ICE) announced that it arrested more than 2,900 convicted criminal aliens and fugitives during a 7-day “Cross Check” enforcement operation
House Bill Aims to Encourage Travel to the U.S. by Mandating Faster Visa Processing
Rep. Joe Heck (R–NV) has introduced the Welcoming Business Travelers and Tourists to America Act of 2011 (H.R. 3039), which would increase fees imposed on travelers entering the United States as a method of speeding up the processing of travel document applications
Bill Would Remove Per-Country Caps on Employment-Based Visas
Currently, the Immigration and Nationality Act permits the issuance of approximately 140,000 employment-based visas each year. The percentage of available visas that may be awarded to nationals of any one country is capped, i.e., visas issued to individuals of one country cannot exceed 7% of the total number of visas available.
U.S. Department of Labor Prevailing Wage Determinations Currently Suspended until Further Notice
The U.S. Department of Labor (DOL) recently announced it has temporarily suspended the processing of prevailing wage determinations for immigration matters. As you know, prevailing wage determinations must be filed in connection with all labor certification (PERM) applications for permanent resident status and H-2B seasonal temporary workers, and, in a few instances, H-1B specialty occupation petitions. The delay in processing prevailing wage requests may negatively affect the processing times for these applications and petitions.
State Department to Allow Foreign Employees Working with Defense Technologies Easier Access
American and foreign defense contractors that have dual national and foreign national employees involved in design and testing of military technologies will need fewer export licenses beginning on August 15, but they will need to update their compliance programs to focus on self-policing. Many companies that employ foreign-born engineers and other technical personnel who have access to software and hardware that is specially designed for military use will have to devise new procedures for screening their own employees, instead of dealing with the government on a case-by-case basis.
More states impose immigration requirements on employers
In the wake of immigration enforcement laws enacted in Arizona, Utah, Georgia, and Alabama, several other states have enacted laws or orders imposing immigration-related requirements on employers.
Some New and Not-So-New Approaches to Immigration Compliance in the Workplace
Arizona’s immigration law has been in the news for quite some time. Just two weeks ago, the U.S. Supreme Court upheld the part of the Arizona law which requires employers to use E-Verify. Other states have followed Arizona’s lead and introduced immigration compliance bills (Louisiana included). Others states, such as Alabama, Georgia, and Tennessee are taking immigration compliance to another level. All of these state laws will require employers within the state to use E-Verify, which is a free, Internet-based system operated by the U.S. Department of Homeland Security (“DHS”) in partnership with the Social Security Administration (“SSA”). The system allows participating employers to electronically verify their employees’ employment authorization—whether the employees are both authorized to work in the United States and authorized to work for the employer running the check.
ICE to Issue 1,000 Audit Notices to Employers, Focus on Infrastructure Safety
The Department of Homeland Security’s Immigration and Customs Enforcement (ICE) office has announced it will notify 1,000 employers across the country the agency will audit their hiring records to determine compliance with employment eligibility verification laws. These Notices of Inspection (NOIs) often request not only I-9 documentation, but payroll records, copies of immigration filings, copies of Social Security Administration communications requesting corrections, information on independent contractors, and related information. All documentation normally must be produced within three business days of the employer’s receiving the Notice.
Third-Party Contracting for HR Managers Complicated by Export Certification Requirement
Employers who use staffing companies to provide them with foreign workers face more complications than ever. These employers must now certify that none of their workers, third party or otherwise, are given unlicensed access to certain controlled technology or technical data.
Supreme Court Immigration Decision Means "Patchwork Regulation" For Employers
The U.S. Supreme Court's recent decision in Chamber of Commerce of the United States v. Whiting, which upheld an Arizona statute that sanctioned employers for knowingly or intentionally employing unauthorized aliens, means that employers with multi-state operations will have to conform to a patchwork of laws rather than a single, uniform federal standard. It also means that we can expect many more states to enact such laws.
Immigration eAuthority (May 2011)
Supreme Court Upholds Arizona E-Verify Law; President Obama Restarts Immigration Reform Debate;
Compliance Corner; State Immigration Law Updates: Georgia, Indiana and Florida; USCIS Starts I-9 Central; E-Verify Now Available in Spanish; Investor Green Card Program Revival; TPS for Haitians Extended (Plus, What is TPS?); Is Your I-9 Software OK?
HR Managers Must Certify Export Compliance
As of February 2011, the U.S. Citizenship and Immigration Services (USCIS) now requires companies that employ foreign workers to certify that the company has read and complied with the deemed export rules.
Immigration eAuthority (April 2011)
Social Security No-Match Letter Dilemma Returns; Georgia Legislature Passes E-Verify Mandate; H-1B Cap Filing Light So Far; Arizona SB 1070 Injunction Upheld; Minnesota Drops E-Verify, Virginia Adds E-Verify; Maryland School District Must Pay More Than $5 Million Due to H-1B Audit
USCIS Abolishes National Security Entry-Exit Registration System (NSEERS)
The Department of Homeland Security (DHS) announced on April 27, 2011, that it had officially ended the NSEERS registration process.
Immigration Alert – Possible Government Shutdown
We are still awaiting an announcement from Washington, D.C. as to whether a budget compromise has been reached to fund ongoing federal government operations. As you know, if an agreement is not reached by midnight, April 8, the federal government will “shut down” all non-essential services.
Immigration eAuthority (March 2011).
The Immigration Implications of Japan’s Disaster; Utah Enacts Enforcement and Guest Worker Immigration Bills; H-1B News: Filing Season Starts April 1; E-Verify Self-Check Starts for Persons in Select States; Driver’s License Check Coming; New H-2B Regulations Proposed (Again).
Do you need special consideration for foreign national executives & managers?
Companies employing foreign nationals in high-level positions often need to provide their foreign national employees with employment contracts commensurate with their position in the company. Whether the contract arises from a company policy or because of a special employment arrangement with the manager or executive, additional terms are often necessary for foreign nationals. These contract additions will help companies stay informed about the immigration status of the individual, be responsive to and prepared for agency audits, and ultimately get the best return on its investment in obtaining the visa for its employee.
Immigration Enforcement Continues To Target Employers, Part 2
In our last issue we provided an overview of the Immigration Reform and Control Act (IRCA), including I-9 requirements generally, along with a few special situations. In this article, we'll hone in on the E-Verify program, and government investigations.
Immigration eAuthority (January 2011)
H-1B Cap Reached; Some I-9 Questions Answered by Updated USCIS Handbook; New H-2B Wage Rules Issued; U.S. Supreme Court Soon to Decide E-Verify Casse; More States Consider Arizona-Style Immigration Law; Florida Adds E-Verify, Rhode Island Ends It; Reminder: Export Control Attestation Starts February 20 for H-1B, L-1 and O-1 Employers
Overview of Immigration Laws Impacting Canadian Employees Working in the US
Employment-based immigration to the US has become an uphill battle, particularly in the past ten years, when we have seen not only a concern about heightened security, but also about protecting the U.S. work force during the economic downturn. This paper outlines the threshold considerations that an employer must evaluate when sending an employee to the U.S. It also describes the possible visa categories for temporary and permanent immigration as they relate to Canadian employees.
Immigration Enforcement Continues To Target Employers, Part 1
Complying with U.S. immigration laws (both at the federal and state level) should be at the top of every employer's 2011 "To Do" list. Not only are you required to comply with the federal employment verification requirements for your employees, but in many states you are required to take additional steps to ensure that your employees are authorized to work. If you are a federal contractor or subcontractor, you have additional verification requirements.
Immigration eAuthority (December 2010)
Export Control Attestation Delayed Until February 20 for H-1B, L-1 and O-1 Employers; Last Minute Tips for International Holiday Travelers; H-1B Cap Update Masters Cap Nearly Reached; H-1B Violations Lead to Big Penalties; 2010 Review and E-Verify Update: Self-Check Coming Soon? Arizona E-Verify Law Challenge Continues in U.S. Supreme Court; Wait Until Next Year (Again) Immigration Reform in 2011?
New Questions for Employers That Sponsor Foreign Nationals.
Starting December 22, 2010, employers seeking to sponsor foreign nationals for employment in H-1B, H-1B1, L-1 and O-1 visa categories must certify compliance with deemed export laws. The deemed export attestation is included on the new I-129 form recently released by U.S. Citizenship and Immigration Services (USCIS). The I-129 form is used by employers sponsoring foreign nationals in most temporary employment visa categories including the H-1B, L-1, TN and O-1. In addition to the deemed export certification, employers also must answer questions designed to determine whether the sponsored worker will work at a third-party site an apparent follow-up to the increased USCIS scrutiny on consultants and contractors seeking H-1B status (see the June and August 2010 issues of the Immigration eAuthority for more information). Thus, the updated form creates new challenges for employers.
Immigration eAuthority (November 2010).
Employer Alert: Dont Require Too Many Documents When Completing I-9s; International Transfers May Have to Wait for Personal Belongings; H-2B Category Under Attack for Fraud; E-Verify Updated with New Photo Matching Tool; The Finer Points: H-1B Portability & E-Verify; H-1B Cap Update and Projection.
ICE Initiates Hundreds Of New I-9 Audits
The pattern of increased worksite enforcement by the Department of Homeland Security's Immigration and Customs Enforcement (ICE) shows no sign of slowing down. The latest in a series of audit "blitzes" was commenced on September 15. More than 500 employers from across the country were targeted to receive Form I-9 Notices of Inspection (NOIs), the letter that marks the start of an ICE I-9 audit.
Immigration eAuthority (October 2010).
DHS Announces Record-Breaking Immigration Enforcement; H-1B Pre-Filing Registration Coming?$1 Million I-9 Related Fine; H-2B Hotel Workers Cannot Recover Visa Expenses Under FLSA; New E-Verify Manual; I-9 Document Update - Old Birth Certificate from Puerto Rico Invalid After October 30; Reminders: Green Card Lottery Deadline & USCIS Fee Increases in November; H-1B Cap Update and Projection.
It Pays to "Shop" Early at USCIS This Holiday Season.
Because USCIS relies on fees paid by applicants and petitioners to cover the majority of its budget, the law requires a review of the fees and a determination as to whether the fees collected are sufficient to cover the Services budget every two years.
Senators Introduce Comprehensive Immigration Reform - No Effect Yet
Senators Menendez and Leahy last week introduced The Comprehensive Immigration Reform Act of 2010 (SB 3932), the latest stab at a combination of legalization, temporary worker visas, and border and interior enforcement legislation that had no likelihood of passing but reflected the latest thinking of Democrats.
Immigration eAuthority (September 2010).
USCIS Filing Fees Set to Increase on November 23; ICE Initiates 500 New I-9 Audits ; I-9 Document Update Old Birth Certificates from Puerto Rico Invalid After October 30; DOS Expands Audits of Immigration Petitions Employers May Be Called; Green Card Lottery Registration Begins; Arizona Law Update Two Lawsuits Dismissed, Others Remain Pending; Hazelton, PA Illegal Alien Rental Prohibition Found Unconstitutional; USCIS Service Center Data Suggests Inconsistent Adjudications; H-1B and H-2B Cap Updates: Still Availability.
USCIS Increases Filing fees November 23, 2010
USCIS has announced increases to filing fees effective for filings sent on or after November 23, 2010. Most fees increase about 10%, ut premium processing goes up to $1,225, and travel documents for refugees go down to $135/$105. New fees are imposed for designating "Civil Surgeons" to conduct medical examinations on visa applicants, for various designations and amendments of EB-5 regional centers involving foreign investors, and for processing immigrant visas (in addition to the State Department's own immigrant visa application fee).
Important Changes in U.S. Immigration Laws for Employers
On June 30, 2010, U.S. Citizenship and Immigration
Services (USCIS) made a public announcement that
employers now have four business days to complete Form
I-9. Contrary to prior guidance found in the earlier version
of the M-274 Handbook for Employers: Instructions for
Completing Form I-9which provided that Section 2
of Form I-9 must be completed within three business
days of the fi rst day of employmentUSCIS clarifi es
that the employer has until the third business day after
the date the employee started work to review original
documentation evidencing the employees identity and
employment authorization and to sign Section 2 of the
form. Section 1 of Form I-9 must still be completed and
signed by an employee on or before the employees fi rst
day of work. For those employers who use E-Verify, the
same deadline applies. While the announcement was
phrased as a clarifi cation of existing policy, it represents
a surprising new interpretation of a long-standing rule.
Immigration eAuthority (August 2010).
Arizona Law Update Injunction Prevents Enforcement of Key Provisions;
Many Business Visitors and Tourists Must Pay New ESTA Fee;
Are 50% of Your Workers on H-1B/L-1? Major Fee Increase Implemented;
DOL H-1B Audit Results in Settlement of Nearly $1 Million;
Electronic I-9 Regulation Finalized;
USCIS Anti-Contractor H-1B Memo Upheld Lawsuit Dismissed;
H-1B Cap Update: Spike in Filing Reported.
ICE and USCISGoing Green?
The Department of Homeland Securitys Immigration and Customs Enforcement (ICE) issued a final rule that provides
that you may sign Form I-9 electronically and retain the form in an electronic format. All employers are required to
complete I-9s to verify employment eligibility. The rule, which takes effect August 23, 2010, applies to employers who
choose to execute and/or store the forms electronically. The final rule makes minor changes to an interim rule from 2006
and covers only the storage of I-9s, not their content. The rule was issued in response to comments received from trade
associations, agencies, and organizations involved in human resource management. It ultimately does not result in any
critical changes to the standards that were established in 2006. The rule clarifies several issues, each discussed below.
The "Not So United States" on Immigration Laws.
While the federal government continues to debate various immigration bills, individual states have been very busy passing
immigration laws on topics such as education, health care, public benefits and, of course, employment.
It is no longer sufficient to know only the federal immigration law, Immigration Reform and Control Act (IRCA),
because some laws passed by certain states are not consistent with IRCA. For example, IRCA does not require employers
to retain copies of the documents an employee submits for verification in the I-9 process and does not allow employers to
choose which documents employees submit for verification purposes. However, Louisiana employers may only utilize a
good faith defense to a charge of employing an illegal alien if the employers keep photocopies of documents, and only
certain documents will entitle the employer to this defense. Similarly, there is currently no federal requirement that private
employers (except federal contractors and subcontractors) use E-Verify to review whether their employees are authorized
to work. However, some states, such as Mississippi and Arizona, require all employers to do so. Other states have laws
that are consistent with IRCA, but impose greater penalties for non-compliance.
Immigration eAuthority (July 2010).
Federal Government Lawsuit Challenging Arizona Law Update; I-9: Does an Employer Have 3 or 4 Days to Complete? TPS Extension for Salvadorans; Federal and State Law E-Verify Requirements Updated; ICE Five-Year Plan Promises Continued Employer Enforcement; H-1B and H-2B Cap Updates: Still Availability.
Immigration eAuthority (June 2010).
Clinton: Federal Government Will Challenge Arizona Immigration Law; Other States Contemplate Similar Laws; Visa Fees Increased at Consulates; USCIS Proposes Fee Increase; E-Verify Redesign Users Must Complete New Tutorial; Utah E-Verify Requirement Takes Effect July 1; All South Carolina Employers Subject to Immigration Law on July 1; H-1B Cap Update: Still Plenty Available; Anti-Contractor H-1B Memo from USCIS Challenged in Lawsuit.
Immigration eAuthority (May 2010).
DHS Announces Streamlining of Visitor Entries; Cap Updates: H-1B Cap Cases Trickle In; Still Availability under the 2010 H-2B Cap; Green Card Redesign The New Card Will Be Green! Arizona Immigration Law Contested in Lawsuits; Online Job Posting Best Practices to Avoid Immigration-Related Discrimination; TPS Extended for Hondurans and Nicaraguans.
New Immigration-Enforcement Law In Arizona May Have Far-Reaching Implications.
On April 23, 2010, Arizona Gov. Jan Brewer signed into law the toughest immigration law in the country, which makes it a misdemeanor for an individual to lack proper immigration paperwork in Arizona. Local police who have "reasonable suspicion" that an individual is undocumented now have the authority to determine that person's immigration status. Under current law, officers may only inquire about immigration status if the person is a suspect in another crime.
Immigration eAuthority (April 2010).
Light Filing for H-1B Cap; USCIS Instructions for F-1 Students Extending OPT; $18 Million Settlement RICO Suits and Immigration Liability; E-Verify Initiatives Include Discrimination Referrals; Utah Passes E-Verify Law; Arizona Governor Considers Immigration Enforcement Bill;
Visa Applicants Reminder New DS-160 Form Required by April 30; Iceland Volcano and Immigration Implications.
POWER To The People and Unintended Consequences
Immigration is a political hot button, which may be one of the greatest understatements of the year. It is certainly an issue on which people disagree, unfortunately, often disagreeably.
Immigration eAuthority (March 2010).
I-9 Audits Continue; Final Reminder for H-1B Petitions; Report Shows Problems with E-Verify;
Arizona Issues LAWA Sanctions; Virginia, New Jersey and Maryland Consider E-Verify Laws; Greek Citizens Eligible for Visa Waiver; Travel Promotion Act Will Add Visa Waiver Fee; Immigration Reform Discussions Start . . . Again.
The NOIse is Getting Louder.
In our December 2009 Labor & Employment E*Bulletin, we reported that U.S. Immigration and Customs Enforcement
(ICE) was sending out Notices of Inspections (NOIs) to 1,000 employers in which ICE was compelling production of
hiring and payroll records as part of its attempt to uncover and prosecute employers who fail to ensure their workforce is
legal. If you did not receive a NOI in 2009, consider yourself lucky. But your fortune may not last long. On March 2,
2010, ICE announced it is issuing 180 NOIs to business owners in Louisiana, Mississippi, Alabama, Arkansas, and
Tennessee.
Immigration eAuthority (February 2010)
Get Ready to File H-1Bs; New Scrutiny of H-1B/L-1 Travelers on Reentry; Traveler Updates Visa Waiver and Visa Applications; Compliance Corner State E-Verify and I-9 Laws.
Permanent Residence: First Preference Priority Worker Category Provides an Opportunity to Jump to the Head of the "Green Card" Line.
What do a nationally-ranked cyclist from South Africa, a research scientist from Tunisia who discovered a new gene, and an international business executive from Brazil have in common? You might say that they are all high achievers with a high level of skill in their respective fields; and that would certainly be true. But in the immigration context, you could also say that they may qualify for permanent residence in the United States in an elite group reserved for only those individuals who are considered to have extraordinary ability in their field, are teachers or researchers who are internationally recognized as outstanding, or are being transferred to the U.S. as an executive or manager of a multinational company.
Immigration eAuthority (January 2010) (pdf).
What Haitis Earthquake Means to U.S. Immigration TPS and More;
2010 H-1Bs Gone: Time to Start Planning for 2011;
Compliance Corner: USCIS Tracking E-Verify Participant Data;
State E-Verify and I-9 Laws - 2010 Updates.
Immigration eAuthority (December 2009)
2010 H-1Bs Nearly Gone; Compliance Corner: ICE Policy on I-9 Audits; The Year in Review 2009 Compliance Recap; Preparing for 2010 Compliance and Reform?
Immigration eAuthority (December 2009) (pdf).
2009 Re-cap.
Bulletproof Your Immigration Policy For The New Year.
2009 brought a bold new audit initiative from the Department of Homeland Security (DHS) that will continue into 2010, with widespread investigations into companies' hiring records and I-9 policies.
As Winter Approaches, Be Prepared for ICE...Inspections.
Last week, U.S. Immigrations and Customs Enforcement (ICE) Assistant Secretary, John T. Morton, announced that
ICE was issuing Notices of Inspection (NOIs) to 1,000 employers across the country in an attempt to identify and
penalize employers who are not complying with employment eligibility verification laws. This announcement came on the
heels of another recent ICE initiativeconducting on-site audits of H-1B applications. While the debate regarding
immigration reform continues, one thing is clear: ICE is dramatically increasing its presence and monitoring of
companies, so you need to know both how to prepare for and how to respond to these audits and inspections.
Immigration Reform in 2010?
As baseball great Yogi Berra once said Its dj vu all over again. The rumblings of major immigration reform have started again. As major initiatives to implement comprehensive immigration reform over the past five years have failed, we do not want to overreact to discussions of possible major immigration reform.
Immigration Compliance Alert (November 2009).
E-Verify Program Extended for Three More Years; H-1B Visas Still Available; Holiday Travel Alert; ICE Increases I-9 Audit Actions; Reminder: Federal Contractors/Subcontractors Required to Register for E-Verify; Social Security No-Match Rule Rescinded; USCIS Fraud Unit Site Visits: What H-1B Employers Need to Know; Which Form I-9 Should I Use?
Government Worksite Visits: What to Expect and How to Prepare.
The U.S. Citizenship and Immigration Services (USCIS) recently started to conduct worksite visits of U.S. companies and other entities that employ foreign workers through the H‑1B and L‑1 programs. The USCISs Division of Fraud Detection and National Security (FDNS) has engaged outside contractors to undertake these investigations to verify information in the employer petition submitted to the government. This initiative is funded through the $500 fraud fee that petitioning employers pay with the initial petition on behalf of an H-1B or L-1 worker.
Immigration eAuthority (pdf).
No-Match Rule Officially Rescinded (But Now What?); E-Verify Updates - Federal Contractor Regulation, Nebraska Law; Enforcement Update H-1B Site Visits; Green Card Lottery Registration Underway.
2011 Green Card Lottery Application Period Opens.
The Department of State recently announced instructions for the fiscal year 2011 (FY 2011) diversity lottery for permanent residence (green card). The application period begins at 12:00 p.m. Eastern Daylight Time (EDT, GMT 4) on Friday, October 2, 2009 and will end at 12:00 p.m. Eastern Standard Time (EST, GMT 5) on Monday, November 30, 2009. Applications are submitted via the Department of States electronic registration system at http://www.dvlottery.state.gov/. Paper applications will not be accepted.
International Travel Reminders.
Employers with personnel traveling internationally may want to take stock of changes that have occurred over the past 12 months to ensure employees are able to complete business trips with little or no interruption. Among the recent changes:
Employers Face More Scrutiny on Worker Compliance (pdf).
Pundits are wondering what the new administrations
stance will be on the hot-button issue
of immigration. Although President Obama
has not made any comprehensive official pronouncements,
by all accounts it appears that
employers will face increased scrutiny and
more vigorous enforcement of existing laws
outlawing the employment of unauthorized
aliens.
FEDERAL CONTRACTORS MUST BEGIN USING E-VERIFY SYSTEM TODAY.
As previously reported in Compliance Matters, implementation of a controversial Obama administration rule requiring many federal contractors and subcontractors to use the federal government's E-Verify employment verification system was tied up in a court challenge in a Washington D.C. federal court. About two weeks ago, the Court denied the various legal challenges and cleared the way for it's implementation effective today.
Retail Industry Update: Five Things You Need To Know About Immigration Law Right Now.
Retailers have been spared the high-profile immigration woes that some industries (such as manufacturing, food processing, and hospitality) have faced in the past few years. But the new administration recently announced that it is going to turn the heat up on employers from all industries, so now more than ever it is important to ensure that your business is protected. Here are five quick things about immigration laws that are important for you to know.
New Immigration Enforcement Effort Is On The Way.
The Department of Homeland Security (DHS) took another step in its worksite enforcement efforts on August 19, 2009 when it announced its intention to rescind the embattled Social Security No-Match Rule, and to focus on increased compliance through its E-Verify, IMAGE and other employment verification programs.
I-485 Interviews as an Enforcement Tool.
U.S. Citizenship and Immigration Services (USCIS) has recently been issuing interview notices to I-485 adjustment of status (AOS) applicants, even though the relevant priority date may not be current and therefore the AOS application cannot presently be approved. Why would USCIS schedule an interview under these circumstances?
Employer Fines and Arrests: Enforcement News.
Federal and state immigration enforcement activities continue to rise. Over the past few weeks, we have seen the Department of Homeland Security (DHS) initiate 652 I-9 audits, affirm the regulation requiring certain federal contractors to use E-Verify, and conduct H-1B employer site visits. At the state level, South Carolinas Department of Labor, Licensing and Regulation has conducted 50-55 audits of businesses for compliance with the states law requiring, among other things, employers of 100 or more persons to verify the employment eligibility of new hires by using E-Verify or viewing approved state-issued drivers licenses.
Traveler Update Global Entry.
United States citizens and lawful permanent residents (green card holders) can now take advantage of streamlined entry processes at 20 U.S. airports under the Global Entry initiative. Global Entry applicants must first enroll at any of the 20 locations by completing an interview and biometric data collection. Upon approval, Global Entry participants can use kiosks at any of the 20 airports to complete U.S. Customs and Border Protection (CBP) inspection upon returning to the United States from international travel. Global Entry users are typically processed in under five minutes. Under a reciprocal arrangement that links the U.S. program with the Privium program in Amsterdam, citizens of the Netherlands can also apply to participate in Global Entry.
Compliance Audits and Worksite Investigations on the Increase in the United States (pdf).
With the inauguration of a new President, Americans wondered what the Obama
administration would do regarding the very badly broken immigration system in the
United States. Would large work force raids continue? Would the estimated twelve
million undocumented workers continue to be apprehended one by one and put into
detention facilities, as they had in increasing numbers during the Bush administration?
Or would this new administration push first for comprehensive immigration reform that
includes a methodology for making undocumented workers legal? In early summer,
2009, the answer came when both the administration and Congress moved aggressively
to focus on increased immigration enforcement in the workplace, with Immigration and
Customs Enforcement (ICE) announcing that it would be auditing an unprecedented
number of businesses. This renewed focus on compliance is occurring in advance of
immigration reform, which means that employers in certain vulnerable sectors will be at
risk of losing significant portions of their workforce. Additionally, ALL employers have
now been forced to realize the critical need for taking immigration compliance seriously.
Reducing Immigration-Related Liabilities (pdf).
Reducing Immigration-Related Liabilities.
Nationwide Immigration Audit Targets Hundreds Of Businesses.
U.S. Immigration and Customs Enforcement (ICE) announced yesterday that 652 businesses nationwide have been targeted for in-person inspection of I-9 employment verification forms. Upon initial notification of the inspection, targeted employers are given a very short time frame, as little as three days, to prepare for a meeting with federal officials in which the company's Form I-9 records will be reviewed. Some employers have already begun receiving these audit notices.
Are We There Yet? Green Card Processing Updates.
The road to a green card is often measured in years rather than months. We have previously reported on and summarized the delays inherent in the green card process, including in the April 2009 issue of the Immigration eAuthority. In that article, we summarized the three steps commonly required for employment-based green card cases: the PERM labor certification, the I-140 Immigrant Petition and the I-485 Adjustment of Status application. Each of these three steps can take a year or longer to process.
Can RICO Create Immigration-Related Liability for Employers?
The Racketeer Influenced and Corrupt Organizations Act (RICO) is largely thought of as a law designed to combat activities of organized crime enterprises, a reasonable conclusion since it was enacted as part of the Organized Crime Control Act of 1970. RICO allows for civil actions against persons or entities that engage in a pattern of racketeering activities. In 1996, Congress extended the reach of RICO to violations of federal immigration law. So, can RICO potentially result in liability to a company that uses undocumented workers? Under certain circumstances, the answer clearly seems to be yes. Furthermore, a RICO claim might support a class action against an employer.
Entry Requirements for U.S. and Canadian Citizens Changing on June 1.
The Western Hemisphere Travel Initiative (WHTI) continues to be phased in and as of June 1, most U.S. and Canadian citizens will now be required to present one of the following documents when applying for admission after travel to Canada, Mexico, Bermuda or the Caribbean at land or sea ports of entry:
Employers the Focus of DHS Worksite Enforcement Strategy.
The Department of Homeland Security (DHS) recently confirmed what many had expected that the goal of rooting out illegal workers will be based upon a strategy that focuses on employers who knowingly hire illegal workers.
Are We There Yet? Green Card Processing Updates.
The road to a green card is often measured in years rather than months. This has become particularly true for many employment-based green card cases. As discussed in the August 2008 issue of the Immigration eAuthority, in 2004 the U.S. Department of Labor (DOL) projected that permanent labor certifications filed using the new Program for Electronic Review Management system (PERM) would take 45 to 60 days to process, unless the case was subject to an audit. Rarely in the history of PERM have those timeframes been met.
Comprehensive Immigration Reform in 2009?
In light of continuing economic concerns, many were surprised by recent confirmations from White House staff that President Barack Obamas Administration is preparing to begin a push for comprehensive immigration reform. While Senator Charles Schumer (D-New York) went so far as to state that he believes comprehensive immigration legislation could be approved this year, White House Press Secretary Robert Gibbs indicated the process would begin this year, but does not think it will be completed. Recent public statements by President Obama reinforce his immigration policy, which includes creating secure borders and bringing undocumented persons out of the shadows, perhaps after paying a significant fine. While we await immigration reform, published reports indicate that Department of Homeland Security Secretary Janet Napolitano delayed a series of proposed worksite raids, refocusing enforcement efforts on businesses and executives instead of workers.
Cost-Effective Immigration Solutions?
In today's tight economy, human resources professionals across every type of industry are feeling pressure to cut unnecessary costs and stretch already thin budgets. For those employers who have foreign-national employees on the payroll, this can mean investigating how to retain valuable foreign talent and expertise without having to incur any unnecessary expense. The most effective long-term way to minimize immigration-related expenditures is to ensure that the immigration status of all your foreign-national employees is kept current at all times.
Traveler Update: U.S. Visit, Visa Waiver and Canada-U.S. Documents.
Effective January 18, 2009, the U.S. Department of Homeland Security (DHS) expanded the categories of non-U.S. citizens required to provide digital fingerprints and a photograph upon entry to the United States through the United States Visitor and Immigrant Status Indicator Technology (US-VISIT) Program. Previously, certain temporary visitors (such as entrants under the Visa Waiver Program (VWP)) had been subject to US-VISIT procedures. The program expansion adds virtually all non-U.S. citizens, including lawful permanent residents (green card holders), arriving at airports to US-VISIT. Among those excepted from coverage are Canadians applying for admission to the United States as B-1/B-2 visitors and most lawful permanent residents arriving though land ports.
Immigration Compliance In 2009 - The Theme Is Change.
2009 clearly appears to be a year of change, and employers will need to be especially mindful of immigration compliance changes, including a new I-9 form and the new regulation requiring federal contractors to use E-Verify (which are summarized below). In addition, the filing deadline for new H-1B petitions is approaching.
Immigration 2009 What Every Employer Needs to Know.
This year is shaping up to be one of dramatic changes in employment law. The stage is set for significant developments in immigration law once the new administration gets settled into office. What follows is some important information to keep in mind for the new year, and also a brief overview of what we expect to see on the immigration horizon.
LCA Processing Times to Increase in 2009.
The Labor Condition Application (LCA) is a necessary component of a properly filed H-1B petition. As part of the application, employers attest that they will pay the H-1B worker the higher of the prevailing wage for that position in the geographic area of employment or the actual wage paid to other employees in the same position.
REMINDER for U.S. Citizens and Residents (pdf).
Effective June 1, 2009, the Western Hemisphere Travel Initiative (WHTI) will require travelers to
present a passport or other approved secure document denoting citizenship and identity for all air,
land and sea travel into the United States, Canada, Mexico, the Caribbean and Bermuda.
Advisory: Business Travelers Must Register to Enter United States.
Certain business travelers from Europe, Singapore, Australia, New Zealand and Japan need to take note of a new registration requirement to enter the United States starting January 12.
Visa Processing Changes in Canada and Mexico.
U.S. Consulates in Canada and Mexico have a long history of processing Third Country National (TCN) visa applications for H-1B, L-1, O-1 and other employment-related visa categories. This has provided certain foreign nationals from distant countries such as India, Japan and Australia the ability to process a new visa without requiring a long trip back to their home country.
Recent Developments in Business Immigration Law (pdf).
Federal Contractors
Required to Use E-Verify
System to Confi rm
Workers Eligibility; Social Security
No-Match
Regulations Update; Holiday Travel Alert; Visa Waiver Program
Travelers Must Register
with the Electronic
System for the Travel
Authorization (ESTA)
Program; Improved Benefi ts for
Treaty NAFTA Employees; Seven Countries Added to
Visa Waiver Program; State and Local Law
Alert: E-Verify Required; Illinois Allows E-Verify
Despite New Law; Limited Relief for
Students Requires
Use of E-Verify; Green Card
Lottery Registration; Travel Updates for U.S.
Citizens and Residents; USCIS Announces U.S.
Passport Card Is a List A
Document for I-9 Purposes; USCIS Announces New
Version of Form I-9,
Employment Eligibility
Verifi cation; Immigration & Customs
Enforcement (ICE)
Outlines Elements of
Acceptable Immigration
Compliance Policy; Tips for Employers
Using E-Verify; Global Immigration/Visa
Issues for Employers.
Immigration eAuthority.
TPS Extended for Nationals of El Salvador, Honduras and Nicaragua; Visa Waiver News: ESTA Registration Reminder and New Visa Waiver Countries; Green Card Lottery Application Period Opens; E-Verify Requirement for Federal Contractors Coming Soon?; Three-Year TNs Authorized by USCIS.
Are We There Yet? More on Immigration Processing Times.
As reported in the Wall Street Journal on September 23, data and analysis from the Census Bureau and the Pew Hispanic Research Center show that immigration slowed last year to about one-half the levels experienced from 2000-2007. Analysts theorized that the reduction was primarily due to the economic downturn and more aggressive immigration enforcement. Still, there has been a large influx of immigrants, both legal and illegal, over the past decade and what remains is a backlog of immigration applications waiting to be processed. As many at all stages of the legal immigration process can tell you, the process can take a very long time. Based on recent information, one can expect the delays will continue for the foreseeable future.
ICE Continues Enforcement Trend With Largest Raid Ever.
Federal immigration authorities conducted the largest single-workplace immigration raid in U.S. history on August 25, 2008. In a small southern Mississippi town, federal agents rounded up nearly 600 plant workers suspected of being in the country illegally.
Government Immigration Raids Continue.
The federal government is continuing to expand worksite enforcement activities pursuant to the Bush Administrations policy of Improving Border Security and Immigration Within Existing Law as announced one year ago. In an attempt to reduce the pull of the jobs magnet that draws illegal workers across the border in search of employment, U.S. Immigration and Customs Enforcement (ICE), an agency of the Department of Homeland Security (DHS), has focused worksite enforcement efforts on employers that defy immigration law.
How Long Will My Case Take? PERM Processing Updates.
When it was formally announced in the Federal Register in December 2004, the U.S. Department of Labor (DOL) projected that permanent labor certifications filed using the Program for Electronic Review Management system (PERM) would take 45 to 60 days to process, unless the case was subject to an audit. During the first several months of PERM, the system experienced many problems and processing often took several months. Over time, the system was tweaked and it became more common to receive approvals within weeks or even days of filing. In the second half of 2007, processing of PERM cases began to slow. This was apparently caused by new initiatives of the DOL which included a redeployment of personnel and the initiation of audits on a substantial number of cases. Today, the processing time for PERM cases is commonly measured in months, with many audited cases taking over one year.
Immigration Raids-Tips for Avoiding Corporate Liability (pdf).
Nearly every week, the U.S.
Department of Homeland
Securitys Immigration &
Customs Enforcement (ICE)
issues a press release
announcing another worksite
immigration raid. ICE has
dramatically changed its
enforcement of the immigration
laws. Rather than relying on the
traditional use of administrative
fi nes for I-9 violations, ICE is
bringing criminal charges
against employers and seizing
their illegally derived assets.
The Presidential Candidates on Immigration.
As we approach the 2008 Presidential election, both John McCain and Barack Obama are sharpening their perspectives on immigration policy.
Executive Order Applicable to Federal Contractors.
On June 6, 2008, President Bush signed an order amending Executive Order 12989 that
in effect requires all federal contractors to use E-Verify. The amendment provides that federal
departments and agencies may not enter into contracts with employers that do not use E-Verify
to check the employment eligibility of: (1) all persons hired during the contract term by the
contractor to perform employment duties within the United States; and 2) all persons assigned
by the contractor to perform work within the United States on the federal contract. The amendment
will become effective once clarifying and implementing regulations are published.
Immigration Update (pdf).
South Carolina Illegal Immigration Reform Act; Status of North Carolina Immigration Reform; Executive Order Applicable to Federal Contractors;
President Bush Signs Executive Order Requiring All Federal Contractors to Use E-Verify.
President Bush recently signed an amendment to Executive Order 12989 requiring all federal contractors to use E-Verify. The Executive Order is available online at the White House website.
The Image Program (pdf).
Last month, we provided you with information about the E-Verify program.
The Department of Homeland Security (DHS) also offers another program: the ICE
Mutual Agreement between Government and Employers (IMAGE) program. The
stated goal is to help restore the integrity of the immigration system of the United
States by utilizing industry outreach and self-policing. Lets just say IMAGE takes
E-Verify and kicks it up a notch.
Caution: Increased Penalties for Immigration Violations
Effective March 27, 2008, the Department of Homeland Security increased penalties levied on employers for various employment-related immigration violations by approximately 25% in order to keep up with rising inflation.
Employers Will Face Increased Penalties for Immigration Violations.
Effective March 27, 2008, the Department of Homeland Security has increased penalties levied on employers for various employment-related immigration violations by approximately 25% in order to keep up with rising inflation.
Caution: Immigration Laws Have Real Teeth.
A Houston-area landscaper faces federal prosecution for allegedly harboring one of his workers, an illegal immigrant charged with murdering a Houston police officer. The case highlights the federal government's efforts to expand immigration enforcement activities against employers. It also serves as a timely reminder for employers of the potential civil and criminal consequences of violating immigration laws. U.S. v. Robert Camp.
Penalties Increase for Certain Immigration Violations.
Employers should be aware that, effective March 27, 2008, they face increased monetary penalties for the violation of certain immigration-related laws. The Department of Homeland Security (DHS) and the U.S. Attorney General issued a rule that adjusts for inflation the civil monetary penalties assessed or enforced by these two departments under the Immigration and Nationality Act (INA). This is the first increase in the civil monetary penalties since 1999 and results in an approximately 25% increase over the current penalties.
Going Global: Ten Key Considerations for Effective Strategic Planning in Relocating Personnel.
When a U.S. company goes global by entering overseas markets, it needs to take many factors into consideration. Not the least of these is immigration compliance. As U.S. citizens, we are often unaware that significant visa considerations exist for personnel being relocated abroad, particularly since we are so accustomed to being able to travel freely throughout the world. U.S. citizens are allowed to enter many countries as visitors without visas, and when short-term visas are required, they are generally quite easy to obtain.
Ethical Dimensions of Business Immigration Practice
Immigration lawyers are confronted frequently by ethical issues, particularly in the context of representing employer and employee clients in business immigration matters that involve dual representation. As immigration lawyers progress into the broader role of advising companies on compliance issues, a whole host of new ethical issues arise. This is especially true where the lawyer has consulted with employees at the request of the employer and learned adverse information which could be damaging to the employer.
2008 ICE Enforcement Strategy: Enforcement Audits to Increase.
On January 17, 2008, Immigration and Customs Enforcement (ICE) Director Julie Myers announced ICEs 2008 enforcement strategy for ensuring that employers are complying with immigration laws.
January 2008 Immigration Law Alert (pdf).
Employer Liability for Use of Subcontractors; Employers: New Form I-9, Employment Eligibility; Verification, Required as of December 26, 2007; H-1B Petitions May Be Filed on April 1, 2008 for the Next Fiscal Year; H-2B Cap Reached for Temporary Workers; Immigration I-9 Forms; Social Security No-Match Regulations to Be Rewritten; State and Local Law Alert; U.S. Citizens Require Passports under Western Hemisphere Travel Initiative; USCIS Advisory on Processing Times; Vedder Price Attorneys Achieve Major Victory Against FAA in US Court of Appeals for the DC Circuit.
Business Immigration Practice Travel Alert (pdf).
Business Immigration Practice Travel Alert.
Global Immigration Alert (November 28, 2007)
On November 26, 2007, U.S. Citizenship and Immigration Services ("USCIS") published a notice in the Federal Register that requires employers to use the newly revised I-9 form no later than December 26, 2007. Employers who do not use the revised I-9 form on or after December 26, 2007 will be subject to all applicable fines and penalties under the Immigration and Nationality Act.
Global Immigration Alert.
Social Security Administration will not issue mis-match letters this year; Arizona Immigration Law Challenged; All Federal Agencies Must Now Use E-Verify.
2009 Green Card Lottery Application Period Opens.
The Department of State recently announced instructions for the fiscal year 2009 diversity lottery for permanent residence (green card). The application period began at 12:00 PM EDT (GMT 4) on Wednesday, October 3, 2007 and will end at 12:00 PM EST (GMT 5) on Sunday, December 2, 2007. Applications are submitted via the Department of States electronic registration system at http://www.dvlottery.state.gov/. Paper applications will not be accepted. The Department of State will only accept applications submitted during the above 60 day registration period.
Diversity Visa Lottery Starts Soon (pdf).
The Diversity Immigrant Visa Program (DV-2009) makes
available 50,000 permanent resident visas (green cards)
each year to persons from countries with lower rates of
immigration to the United States. The DV-2009 Lottery
begins at Noon EDT on October 3, 2007, and ends at
Noon EST on December 2, 2007.
Immigration Legal Alert: DHS Extends Temporary Protected Status For El Salvador.
The Department of Homeland Security (DHS) has extended the designation of El Salvador for Temporary Protected Status (TPS) from September 9, 2007 to March 9, 2009. In order to benefit from the eighteen-month extension, nationals of El Salvador, or those for whom El Salvador was the last place of residence, who previously have been granted TPS and work authorization (i.e. an Employment Authorization Document (EAD)) on that basis must re-register for TPS during the sixty-day re-registration period. The re-registration period lasts from August 21, 2007 through October 22, 2007. Individuals for whom re-registration is ultimately approved will receive new EADs indicating an expiration date of March 9, 2009.
Finding a "Safe Harbor" Among the "ICE" Storms (pdf).
As we reported in August of 2006, the Department of Homeland Security
(DHS) proposed a rule broadening the definition of an employers constructive
knowledge of hiring or employing an alien unauthorized to work in the United
States. More than one year after the publication of the proposed rule, DHS has
issued its final rule, one which Immigration and Customs Enforcement (ICE) is
expected to use with DHS to audit employers and prosecute them for knowingly
hiring or continuing to employ aliens unauthorized to work. This year, while
Congress has debated and proposed various immigration reform packages, the only
real action taken has been on the enforcement side, and more employers are feeling
the effects of this every day. Thus, now more than ever, it is important to know
what steps to take to remain in compliance with the current immigration laws.
Immigration Law Update (pdf).
Depart. of Homeland Security Issues Final Rule on Petitioning Requirements for O and P Nonimmigrants; Department of Homeland Security Revamping Electronic Verification System; Department of Labor Holds H-2B Briefings, Releases Filing Tips; Employment-Based Immigrant (Permanent) Visas are Unavailable; Major Changes in Labor Certification Rules; New Modifications to Exchange Visitor Training Programs; Several More States Enact Employment Verification Laws; Temporary Suspension of I-140 Premium Processing Services; Temporary Suspension of U.S. Passport Requirements; U.S. Citizenship and Immigration Services Increases Immigration Fees.
Immigration Legal Alert: USCIS Announces Increase in Filing Fees.
The U.S. Citizenship and Immigration Services (USCIS) recently announced a new fee structure that significantly increases filing fees. The USCIS is raising its fees for most immigration benefit applications and petitions, including nonimmigrant worker petitions and applications to adjust status to obtain permanent residency (a Green Card). The new fees apply to all cases filed on or after July 30, 2007.
Immigration 101.
Hardly a day goes by without several news stories about the countrys "immigration problem" and the latest proposed legislative solution to the problem. There is little doubt that new immigration laws are in our future. Although uncertainty remains as to which "solution" will become law, what is certain is that any new immigration law will have a profound effect on employers.
Senate Begins Debate on "Grand Bargain" on Immigration.
The U.S. Senate began debate this week on a wide-sweeping immigration reform bill proposed last week by a bipartisan group of senators, who have formed what one senator called a "fragile coalition" in an effort to reach the so-called "grand bargain" on immigration. President Bush has indicated his support for the bill, calling it a way to "meet important goals in addressing border security and enhancing interior and worksite enforcement." If passed, this bill could result in the most extensive revision of the U.S. immigration policy in over forty years.
The Immigration Quagmire: When to Call for Help (pdf).
Within the past decade, the membership
of the American Immigration
Lawyers Association1 has grown from
approximately 3,000 to almost 10,000
members. The rapid increase in immigration
specialization is a result of many
factors: growth in the global economy,
increased immigration enforcement in
the interest of national security, and the
ever-changing complex and restrictive
immigration legislation. There is no
doubt that a consequence of globalization
is the increase in not only the transfer
of goods and services but also of people.
Immigration counsel has never been so
vital as now, whether it involves setting up
an I-9 employment verifi cation eligibility
policy, handling a merger and acquisition
deal, or defending a foreign national facing
a charge of domestic violence.
Immigration Alert - USCIS: U.S. Master's Case Cap Has Been Met.
On Friday, May 4, 2007, the USCIS issued a press release stating that it has received enough petitions to meet the 20,000 quota reserved for persons holding a U.S. Master's degree or higher. The final receipt date for these petitions is Monday, April 30, 2007. Petitions received on that date will be subject to a computer generated random selection process. Those not selected and any petitions received on or after May 1, 2007, will be rejected.
IRS Withholding Rules For Nonresident Aliens.
In October 2005, the Internal Revenue Service outlined new rules for employers to use to determine income tax withholding from wages paid to nonresident alien employees. The rules took full effect beginning January 1, 2007. Recently, some payroll processing companies have notified employers that they must comply with these new rules immediately. You may have received such a notification.
Employers Should Again Be Prepared for Immigration Rallies.
The immigration debate is far from over. Are you ready for this year's May protests?
U.S. Citizen/North American Traveler Alert (pdf).
The Western Hemisphere Travel Initiative went into
effect on January 23, 2007, requiring citizens of the
United States, Canada, Mexico, and Bermuda to present
a passport to enter (or re-enter) the United States when
arriving by air from any part of the Western Hemisphere.
U.S. citizens will need a passport to enter the United
States by air from Canada, Mexico, Bermuda, South
and Central America, and the Caribbean. Other forms
of identifi cation are currently acceptable, but security
concerns have resulted in the passport requirement.
Tools for Ensuring Compliance with Immigration Laws (pdf).
Employers should have an immigration compliance policy
in place that ensures corporation-wide compliance with
I-9 record-keeping and immigration laws. The policy
should identify a compliance offi cer, ensure employee
training and require regular internal audits. Congress
is drafting legislation that would set up an electronic
verifi cation system for all employers based on Social
Security Administration data, but until then the I-9 system
remains in place.
State Laws Requiring Verification of Work Authorization (pdf).
Over 400 pieces of legislation have been introduced
by state legislatures designed to further regulate the
employment of foreign nationals. This legislation would
generally increase penalties on employers who hire
unauthorized workers, prohibit granting government
contracts to employers with unauthorized workers
and allow state agencies to enforce immigration laws.
Although it is probable that these statutes will be found
unenforceable due to constitutional or federal preemption
issues, we recommend that, in the interim, employers
make a good-faith effort to comply with these laws.
Processing Service for Permanent Resident Petitions (pdf).
Since 2001, U.S. Citizenship and Immigration Services
(USCIS) has been offering premium processing
service (PPS) as an avenue for speeding processing
of nonimmigrant petitions. For a fee of $1,000, the
government adjudicates petitions within 15 calendar
days of receipt.
Immigration Enforcement (pdf).
The press has widely reported worksite raids conducted
by Immigration Customs and Enforcement (ICE), the
enforcement arm of the Department of Homeland Security (DHS). In December 2006, ICE agents raided Swift & Company worksites in six states, taking into
custody almost 1,300 employees10% of Swifts
manufacturing workforce. Swift has announced that it
suffered damages in excess of $30 million due to these
raids. More troubling, Swift was participating in the
DHS Basic Pilot Program, which should have provided
a relatively safe harbor for the company.
H-1B Visas Soon To Become Available (pdf).
As of April 1, 2007, employers will again be able to file "new" H-1B petitions.
Dont Let Ice Freeze Your Business (pdf).
While the debate over national immigration policy continues to move at a snails pace in
Congress, the Department of Homeland Security (DHS) and, more specifically, its
worksite enforcement agency, Immigration and Customs Enforcement (ICE), is moving
quickly to expand the scope and depth of its investigations.
Passport Requirement Effective January 23, 2007.
The Department of Homeland Security (DHS) and the U.S. Department of State have announced that, beginning January 23, 2007, U.S. citizens and nonimmigrant aliens from Canada, Mexico, and Bermuda must present a passport to enter the United States when arriving by air from any part of the Western Hemisphere. This requirement is designed to strengthen border security by designating verifiable, secure documents that may be used at air ports of entry. The requirement does not apply to travel by land or sea; however, regulations addressing such travel will likely be issued in the near future.
Passports Required for Air Travel into the U.S. as of January 23, 2007 (pdf).
On November 22, the US Department of Homeland Security and State Department officially announced that, as of January 23, 2007 citizens of the United States, Canada, Mexico, and Bermuda will be required to present passports in order to enter the United States.
Immigration -- What is an employer to do? (pdf).
This article relates to immigration issues which have been dominating the news both locally and nationally.
The Immigration Debate (pdf).
Topical discussion regarding Immigration and what businesses can do.
English-Only Rules and Other Foreign Worker Issues.
Are you surprised when you call the local pizzeria for take-out and cant understand the
employee who answers the phone because she speaks another language? What about the
guy fixing your roof who yells, cuidado!, as you narrowly avoid being hit on the head by
his nail gun as it falls from your roof? Will the next step be the teller at your local bank
who asks if you want your cash in pesos, yen, or some other currency?
Labor and Employment Law Issues Associated with Immigration Protests (pdf).
Issues surrounding National Day of Action.
Supreme Court Directs Eleventh Circuit to Reconsider Racketeering Case Involving Illegal Workers.
In a one-paragraph decision issued June 5, 2006, the U.S. Supreme Court refused to review an Eleventh Circuit decision affirming the trial court's refusal to dismiss a case against Mohawk Industries.
The Immigration Quagmire: When to Call (pdf).
There is no
doubt that a consequence of globalization
is the increase in not only the transfer
of goods and services but also of people.
Immigration counsel has never been so
vital as now, whether it involves setting up
an I-9 employment verifi cation eligibility
policy, handling a merger and acquisition
deal, or defending a foreign national facing
a charge of domestic violence.
The Immigration Debate: Its Impact on Workers, Wages and Employers.
Illegal immigration into the United States has sparked heated debate in Congress, roiled the two main political parties, and prompted hundreds of thousands of immigrant supporters to take to the streets recently in peaceful demonstrations nationwide.
Legal Alert: Employers Should Be Prepared for More Immigration Rallies.
In the past several weeks, many employers have experienced increased incidents of employees not reporting for work to participate in immigration reform rallies. It is anticipated that additional marches will occur around the country over the next few weeks, and some groups have announced a "Day Without An Immigrant" or "En Gran Boycott" planned for May 1. Employers in industries with a high level of dependence on immigrant labor must be especially careful in responding to absenteeism resulting from employee participation in these events.
Advance Notice May Be Required Prior To Participation In Immigration Protest (pdf).
In our April 7 e-alert, we reminded clients that their employees' participation in the demonstrations regarding federal immigration reform legislation could constitute "protected concerted activity" under the National Labor Relations Act (NLRA). Because the law in this area is not well settled, we have recommended that employers be mindful of the possibility that if they take adverse action against employees for their absence to participate in such demonstrations, they may have to defend against an unfair labor practice charge under the NLRA, not to mention the risk of unfavorable publicity.
Immigration Rally Planned On May 1: How Should Employers Respond?
May 1, 2006 has been declared A Day Without Immigrants by community, civil rights and labor organizations. Rallies
in major cities across the country are planned to protest pending federal legislation to strengthen immigration law
enforcement and border security. Organizers seek to build on the momentum of the 120-city rally staged earlier this
month. Media reports predict that a million workers will leave their jobs on May 1 (Rally Day) to participate and wear
white armbands in solidarity. The prospect of last-minute absences or walkouts has employers concerned about
appropriate legal responses. Here are some guidelines to consider as you plan.
Hospitality Employers Should Be Prepared for More Immigration Rallies.
In the past several weeks, many employers have experienced increased incidents of employees not reporting for work to participate in immigration reform rallies. It is anticipated that additional marches will occur around the country over the next few weeks, and some groups have announced a "Day Without An Immigrant" or "En Gran Boycott" planned for May 1. Employers in the Hospitality Industry must be especially careful in responding to absenteeism resulting from employee participation in these events given the industry's high level of dependence on immigrant labor.
Immigration law reform: what it will mean to employers in South and North Carolina (pdf).
Over the past several months, legislation has been introduced in Congress that would
significantly reform the U.S. immigration system. The Senate Judiciary Committee is
currently considering legislation that would overhaul the immigration system and could
benefit United States employers generally and Carolinas employers specifically.
Immigration Law Alert (pdf).
Permanent Visa Retrogression; DV Lottery; H-1B (Specialty Occupation) Visas - Cap Crisis; E-3 Employment Visa for Australian Citizens; L-1 (Intracompany Transferee) Visas - New Restrictions; Changes to Permanent "Green Card" Certification Program; Conrad Waivers; Machine-Readable Passport Requirement at U.S. Borders; Passport Requirement Awaits Travelers in the Western Hemisphere; DHS Increases Worksite Enforcement; New Filing Fees for USCIS; Pending Legislation.
Business Immigration Law Update (pdf).
H-1B (Specialty Occupation) Visas -- Cap Crisis; L-1 (Intracompany Transferee) Visas-- New
Restrictions;Changes to Permanent "Green Card" Certification Program; Machine-Readable Passport Requirement at U.S. Borders; Passport Requirement Awaits Travelers in the
Western Hemisphere; and Pending Legislation.
Immigration Legislation Could Make Hiring Easier in Some Industries (pdf).
National lawmakers from
both the House and Senate
have proposed immigration
reform legislation to ease hiring
of essential workers that
employers are having a hard
time finding stateside.
U.S. Immigration Law During Turbulent Times.
As all of us know, as a result of heightened security concerns, the United States has instituted many recent changes impacting immigration to the U.S., affecting everyone from long-term U.S. based employees to tourists and business visitors.
