This update discusses recent developments in immigration law from the U.S. Departments of Homeland Security and State.

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.

South Carolina Illegal Immigration Reform Act; Status of North Carolina Immigration Reform; Executive Order Applicable to Federal Contractors;

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.

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.” Let’s just say IMAGE takes E-Verify and “kicks it up a notch.”

This past week has been very busy for the U.S. Immigration and Customs Enforcement division of the Department of Homeland Security. ICE conducted two multi-state raids and one operation here in the state of Georgia. The largest operation involved Pilgrim’s Pride, a poultry processing company, with locations in five states. The smallest operation targeted the owners and operators of several employment agencies that placed workers in Chinese restaurants.

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.

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.

This update discusses recent developments in immigration law from the U.S. Departments of Homeland Security and State.

Two federal agencies recently announced plans to continue their strategy of aggressively targeting employers for violations of immigration laws, and to toughen sanctions against employers who hire illegal immigrants. At a February 22, 2008 briefing on Immigration Enforcement and Border Security Efforts, Department of Homeland Security ("DHS") Secretary Chertoff and Attorney General Mukasey announced that DHS will continue to partner with the Department of Justice ("DOJ") to enforce immigration laws against employers in response to Congress' recent failure to pass comprehensive immigration reform.

The cost of doing business just got higher. In a joint briefing with Secretary of Homeland Security Michael Chertoff, Attorney General Michael B. Mukasey announced the government's plan to increase civil fines against employers caught violating federal immigration laws. The new rates were published in the Federal Register on February 26, 2008.

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.

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.

USCIS has provided an update on its recently announced policy regarding pending FBI background checks. Typically, no I-485 application for permanent residence can be approved until a definitive FBI fingerprint check, FBI name check, and Interagency Border Inspection Services (IBIS) name check have been completed and resolved favorably. In many instances, applications for permanent residence have been pending for years due to a pending FBI name check.

A judge in the U.S. District Court for the District of Arizona has issued a much anticipated decision in a lawsuit filed by business and civic groups challenging the Legal Arizona Workers Act (the "Act"). The Act, which took effect on January 1, 2008, requires employers to use the federal employment eligibility verification system, E-Verify, and imposes sanctions on employers that hire unauthorized workers. The district court dismissed plaintiffs' claims against all of the defendants in Arizona Contractors Ass'n v. Candelaria, et al. ("Arizona Contractors II") thereby terminating the lawsuit. Previously, it had dismissed plaintiffs' initial lawsuit - Arizona Contractors Ass'n v. Napolitano ("Arizona Contractors I") - on procedural grounds because plaintiffs had filed the lawsuit against the wrong defendants. Plaintiffs re-filed the lawsuit, adding Arizona's county attorneys - the public officials charged with enforcing the Act - and, again, naming the Arizona Attorney General.

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.

Signed into law on July 2, 2007, and effective January 1, 2008, the Legal Arizona Workers Act ("the Act") penalizes employers that knowingly or intentionally employ unauthorized workers in the state of Arizona. Immediately after its enactment, several business groups filed a lawsuit contending the Act violated the Arizona and U.S. Constitutions. U.S. District Court Judge Neil Wake has issued a ruling rejecting the challenges and holding that the Act is constitutional.

As of January 31, 2008, the U.S. Department of Homeland Security ("DHS") will require border crossers to present documents proving their citizenship and identity when entering the United States at land and sea ports of entry.

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.

U.S. Immigration and Customs Enforcement (ICE), a division of the U.S. Department of Homeland Security (DHS), has added two more members to its growing family: the Sheriff's Offices of Hall County and Whitfield County, Georgia.

On January 17, 2008, Immigration and Customs Enforcement (ICE) Director Julie Myers announced ICE’s 2008 enforcement strategy for ensuring that employers are complying with immigration laws.

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.

The U.S. Department of Homeland Security (DHS) has released a final rule establishing minimum security standards for state-issued driver's licenses and identification documents. In 2005, Congress passed the REAL ID Act in response to the 9/11 Commission's recommendation that the U.S. improve its system for issuing identification documents. The new final rule addresses document fraud by establishing specific requirements that states must adopt in order to comply with the act.

This update discusses recent developments in immigration law from the U.S. Departments of Homeland Security and State.

With federal efforts to reform immigration at a standstill, many states have pushed forward with new immigration laws that will have far-reaching effects for employers seeking to hire foreign nationals in the U.S. Whether many of these laws will ultimately pass constitutional muster remains to be seen, but employers must comply with the measures while they remain current law. Below is a brief summary of the latest state measures, as well as a primer on the federal government's E-Verify program, which is the subject of much of the new state legislation:

The Legal Arizona Workers Act, which requires employers to use the federal employment eligibility verification system, E-Verify, and imposes sanctions on employers that hire unauthorized workers, will go into effect, as scheduled, on January 1, 2008.

Business Immigration Practice Travel Alert.

As we enter the last quarter of the year, we begin making preparations for 2008. Looking back on 2007, we are able to reflect on the changes of the immigration landscape and prepare ourselves accordingly. Congress has proven that they are unable to help employers by increasing the numbers of sorely needed H1B’s. In addition, the Immigration and Customs Enforcement (ICE) branch of the Department of Homeland Security (DHS) has been stymied by the Federal Courts when it comes to rolling out new regulations dealing with enforcement. In light of what the government and DHS have tried to do this past year, these are some tips for getting your immigration house in order:

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.

In our July 2007 ASAP Newsletter, Arizona Adopts Nation's Strictest Workplace Law to Assure Employees Are Authorized to Work, we informed you of the recently enacted Legal Arizona Workers Act. Arizona associations and organizations have filed two lawsuits in federal court challenging the constitutionality of the Act. A court ruling in both matters is expected this December.

Social Security Administration will not issue mis-match letters this year; Arizona Immigration Law Challenged; All Federal Agencies Must Now Use E-Verify.

This update discusses recent developments in immigration law from the U.S. Departments of Homeland Security, Labor, and State, and the U.S. Citizenship and Immigration Services.

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 State’s 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.

The U.S. Department of State has announced the DV-2009 Diversity Visa (DV) Lottery Program. The congressionally mandated DV Lottery Program is administered on an annual basis by the Department of State and provides immigrant visas to persons meeting simple, but specific, eligibility requirements.

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.

This update discusses recent developments in immigration law from the U.S. Departments of Homeland Security, Labor, and State.

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.

As we reported in August of 2006, the Department of Homeland Security (“DHS”) proposed a rule broadening the definition of an employer’s “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.

Department of Homeland Security Secretary Michael Chertoff and Commerce Secretary Carlos Gutierrez have announced a series of changes on border security, employer responsibility for the improper use of Social Security numbers, and mandatory electronic employment verification for Federal contractors and vendors, among others.

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.

The Senate failed to close the debate on comprehensive immigration reform legislation, S. 1639, for now apparently ending efforts by bill supporters to overhaul the nation's immigration law.

The effort for comprehensive immigration reform in the Senate ended today after Senate Majority Leader Harry Reid's (D-NV) motion for cloture was soundly defeated this morning. The motion for cloture, which ends debate and the presenting of additional amendments, failed 46-53, falling far short of the requisite 60 votes. In the wake of this defeat, Senator Reid withdrew the bill from the Senate floor.

The Department of State issued the July 2007 Visa Bulletin today, and there has been overwhelming progression in all employment-based categories. As of July 1, all employment-based categories, except for Other Workers, will be current. This brings exceptionally good news for all clients.

On Friday, June 8, 2007, the State Department suspended its recent requirement that U.S. citizens flying to and from Canada, Mexico, the Caribbean, and Bermuda have a valid U.S. passport.

Yesterday, the Senate's comprehensive immigration reform bill was withdrawn by Senate Majority Leader Harry Reid (D-NV) because motions for "cloture" (which ends debate and amendments) were twice defeated.

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.

On May 30, 2007, the USCIS published in the Federal Register final rules that increase the filing fees for various petitions and applications. The adjusted fees will go into effect for applications postmarked after July 29, 2007.

The Department of Homeland Security released its new fee schedule this week. The new filing fees will go into effect for applications received by the immigration service on or after July 30, 2007.

This update discusses recent developments in immigration law from the U.S. Departments of Homeland Security, Labor, and State.

At the core of the "Grand Compromise" bi-partisan comprehensive immigration reform bill in the U.S. Senate is a paradigm shift in assigning responsibility for assuring that all U.S. employees are authorized workers. Under current law, responsibility rests primarily with the government to make immigration determinations and provide work authorization documents. The employer needs only to complete a Form I-9 and attest that the employee presented facially valid documents. Otherwise, unless the employer learns that a given employee is an unauthorized worker, the employer is generally free from immigration compliance liability.

Since our last ASAP announcing that the Senate bill was proceeding to the floor for debate and amendment, two significant amendments have passed. On May 23 the quota for the new guest worker visa was reduced from 400,000 to 200,000. On May 24, the Senate approved an amendment to increase the existing H-1B education and training fee from $1,500 to $5,000.

Hardly a day goes by without several news stories about the country’s "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.

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.

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.

A bi-partisan group of senators has announced that comprehensive immigration reform legislation may be closer to becoming a reality, as senior Democrats and Republicans in the Senate reached a compromise on the Border Security and Immigration Reform Act of 2007 (S. 330) introduced in the Senate on January 18, 2007. President Bush has endorsed this compromise. Legislators and commentators acknowledged, however, that passage into law is by no means assured, so employers should monitor developments as the Senate Compromise announced on May 17, 2007 makes its way through Congress.

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.

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.

What have employers learned since last May's walk-outs? Do you have a reasonable, nondiscriminatory attendance policy in place?

Bush Re-nominates Julie Myers for Head of ICE; BIA Addresses Effective Date of Child Status Protection Act; Updated Forms Issued; USCIS Implements Changes to Adjudications of NIW Petitions for Physicians; USCIS Issues Memo on Reauthorization of H-1C Visa Program; USCIS Revises Guide to Naturalization; USCIS Revises Form I-129F; DOS Eliminates Schedule A Category from Visa Bulletin; Consular Offices Abroad Resume Accepting I-130 Immigrant Visa Petitions; State Department Releases Visa Numbers for April 2007; State Department Issues Visa Reciprocity Changes for Iraq; DOL Issues Proposed Rule on E-3 Visas; DOL on Reconsideration of a Denial of RIR Conversion Request; and more.

The immigration debate is far from over. Are you ready for this year's May protests?

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.

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.

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.

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.

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 employees—10% of Swift’s 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.

This update discusses recent developments in immigration law from the U.S. Departments of Homeland Security, Labor, and State.

U.S. Citizenship and Immigration Services Issues New Guidance on Periods of Admission in H-4 or L-2 Status, Extensions Beyond the H-1B Six-Year Maximum, and Certain Absences of Over One Year from the United States; USCIS Expands Premium Processing Service to EB-1s; Air Travelers Within the Western Hemisphere Required to Present Passports to Enter the United States; U.S. Plans to Screen All Persons Who Enter/Leave the Country; USCIS Introduces Online Change of Address Function; USCIS Reaches Special Immigrant Translator Cap for FY 2007; USCIS Launches a Redesigned Web Site; California Service Center to Stop Faxing Premium Processing Case Approvals; Transfer of Form I-129F, Petition for Alien Fiancé (K-3 Spouse of U.S. Citizens Only); Naturalization Exam Redesign is Planned; DOL Issues Guidance on Reinstatement of Erroneously Withdrawn BEC Cases; DOL Implements Enhancements to Online PERM ETA 9089; DOS Releases Visa Numbers for February 2007; DOS Announces Elimination of Reciprocal Nonimmigrant Visa Fee for Indian Nationals; DOS Implements 2005 Amendments to Exchange Visitor Program; President Bush’s Remarks Upon Signing the Secure Fence Act of 2006; New Push to Raise Cap on H-1B Visas;

As of April 1, 2007, employers will again be able to file "new" H-1B petitions.

While the debate over national immigration policy continues to move at a snail’s 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.

US Immigration and Customs Enforcement (“ICE”) continues to seek criminal sanctions in addition to civil penalties for employers who knowingly hire individuals not authorized to work in the United States. Recent worksite raids at six Swift & Company meatpacking plants, following other high-profile raids on the Company earlier this year, illustrates the difficulty facing employers of large numbers of immigrants. Federal agents apprehended an estimated 1,282 individuals who are suspected of being here illegally and purchasing false documents or stolen identity documents of lawful US citizens in order to obtain employment. The Company has denied any knowledge of the employees' alleged illegal activity. It points out, further, that it participates in the BASIC Pilot Program, administered by US Citizenship and Immigration Services, which helps employers comply with regulations for hiring persons authorized to work in this country.

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.

This update discusses recent developments in immigration law from the U.S. Departments of Homeland Security, State, and Labor, as well as new legislative matters.

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.

Although Congress continues to debate whether to enact a "comprehensive" immigration reform program, it has passed legislation that will focus on border security and immigration enforcement. Millions of dollars have been appropriated for hiring of new Immigration and Citizenship Enforcement (ICE) agents and providing training, technology and equipment to existing ICE offices.

This article relates to immigration issues which have been dominating the news both locally and nationally.

Topical discussion regarding Immigration and what businesses can do.

The U.S. Department of State has announced that applications for the 2008 Diversity Visa (DV2008) Lottery will be accepted between October 4, 2006 and December 3, 2006.

The recent wave of RICO/IMMIGRATION lawsuits has had a tumultuous year.1 At times, the tide seemed to swing significantly toward the plaintiffs in these cases alleging that employers had violated the federal RICO statute through multiple immigration law violations. Plaintiffs survived a motion to dismiss at the trial court and in an appeal to the Eleventh Circuit in Williams v. Mohawk.2 A new breed of lawsuit was brought in Idaho by a county governmental entity against local employers accused of immigration violations.3 And most importantly, the first of these lawsuits to survive all the way through discovery and summary judgment motions almost reached a jury trial; but was settled on the brink of trial in Washington state for a reported $1.3 million.4 This substantial recovery was the first widely reported plaintiffs' recovery and seemed to portend that a rising tide of additional lawsuits would be filed against employers around the country.

This update discusses recent developments in immigration law from the U.S. Departments of Homeland Security, Labor, and State, as well as new legislative matters.

The American Immigration Lawyers' Association ("AILA") has released its extensive comments on Immigration and Customs Enforcement's proposed safe harbor regulations.

United States Citizenship and Immigration Services (USCIS) Issues Guidance on H-1B Cap Exemption; USCIS’ Guidance on the Requirement of a “Permanent Offer of Employment” for Outstanding Professors and Researchers; Fiancé(e) I-129F Petitions Recalled By the USCIS; USCIS Issued Two Notices in Federal Register (FR) Regarding Premium Processing Service; USCIS Issues Memorandum Regarding Discretionary Adjudications; DHS Regulations Amended To Provide That Employers and Recruiters May Sign and Retain Forms I-9 Electronically; Visa Numbers Unavailable for EB-3 Other Workers and Retrogression in Certain Family Categories; DOS Issues Final Rule on Documentation to Obtain Laser Visas; Hearing on WHTI;

Congress has taken up the immigration debate in earnest. While it is unclear when and whether there will be comprehensive immigration reform, officials are already increasing enforcement of existing immigration laws and any new legislation passed by Congress likely will include a heavy emphasis on enforcement and security.

Are you surprised when you call the local pizzeria for take-out and can’t 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?

On June 15, 2006, the Department of Homeland Security extended the Temporary Protected Status ("TPS") program for citizens of El Salvador from September 9, 2006 to September 9, 2007.

While Congress debates immigration reform, there is one certainty: Federal officials are targeting more employers with tougher enforcement mechanisms than what have been seen in the past, when the rare visit by federal officials to a business may have resulted in a civil fine.

Issues surrounding National Day of Action.

This update discusses recent developments in immigration law from the U.S. Departments of State and Homeland Security, as well as new legislative matters.

Recent publicity surrounding arrests and prosecution of prominent business managers for immigration violations signals a real change in the immigration law enforcement posture. It is critical that employers appreciate that this change is real and where the new risks lie. This ASAP explains the change, the reasons for the change, and the steps employers should and should not take in response, including a review of how to handle employment-related questions arising from Social Security mismatch letters.

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.

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.

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.

On April 20, 2006, the U.S. Department of Homeland Security (DHS) unveiled a comprehensive immigration enforcement strategy for the nation's interior. A part of that strategy is the increased emphasis on criminal, rather than civil, penalties against employers. The interior enforcement strategy is designed to complement DHS border security efforts by expanding existing efforts to target employers of undocumented immigrants and immigration violators inside the country, as well as the many criminal networks that support these activities.

May 1, 2006 has been declared "A Day Without Immigrants" as organizers seek to build on the momentum of the 120-city rally staged last month. With the prospect of last-minute absences, walkouts and boycotts looming, employers should carefully plan their legal responses.

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.