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Report Link Death's Dominion is Reduced in U.S. Immigration.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - November 20, 2009 In the past, the death of the sponsor or "principal beneficiary" in an immigration process usually spelled the end of the alien's ability to immigrate based on that relationship. A new provision, slipped into the conference report of the recent DHS appropriations bill signed by President Obama on October 28, 2009, changes that. Anyone who has suffered the death of a relative through whom he or she hoped to immigrate should immediately contact competent counsel to determine if the opportunity might be salvaged. Report Link India Guidance on Its Visa Regimes May Create Major Change for Companies Doing Business in India.Littler Mendelson, P.C. - November 20, 2009 As reported on Littler's Global Immigration Counsel Blog on November 5, 2009, the Government of India's (GOI) Ministry of Home Affairs (MHA) released guidance on permissible use of Business Visas and Employment Visas by foreign nationals visiting India. This development has significant implications for multinational corporations (MNCs) sending employees to India on short-term assignments. This article provides an update regarding this uncertain legal development based on feedback from companies whose employees have been directly affected by this situation. Report Link Immigration Compliance Alert (November 2009).Vedder Price - November 13, 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Actions; Reminder: Federal Contractors/Subcontractors Required to Register for E-Verify; Social Security No-Match Rule Rescinded; USCIS Fraud Unit Site Visits: What H-1B Employers Need to Know; Which Form I-9 Should I Use?
Report Link Government Worksite Visits: What to Expect and How to Prepare.Fredrikson & Byron, P.A. - November 04, 2009 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 USCIS’s 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. Report Link Immigration eAuthority (pdf).Ogletree Deakins - October 26, 2009 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.
Report Link 2011 Green Card Lottery Application Period Opens.Ogletree Deakins - October 08, 2009 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 State’s electronic registration system at http://www.dvlottery.state.gov/. Paper applications will not be accepted. Report Link DHS Appropriations: No Big Shifts, Key Extensions.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - October 08, 2009 The congressional conference committee has agreed on the the appropriations bill for the Department of Homeland Security for the fiscal year already begun and ending September 30, 2010. It continues to expand enforcement and verification funding and extends for three years the otherwise expiring provisions for "EB-5" investor green cards, permanent paths for religious workers, and home residency waivers for doctors serving rural areas. The bill will surely be enacted by both houses of Congress and signed by the President in the next few weeks. Report Link ICE Enforcement Strategy: Still Tough.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - October 07, 2009 ICE has released its internal policy memo on worksite enforcement, which is as tough on employers as we thought. It does not call an end to large-scale worksite raids that results in removal of workers, but it requires high level approval before they can be conducted. Report Link What's on the Inspector's Screen About You?Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - October 06, 2009 Readers may wonder what Department of Homeland Security port inspectors and other officers may have available to them about travelers and other persons they are inspecting or investigating. A reader of the web publication Philosecurity submitted for publication a copy of a full travel history document the reader obtained about himself through a request under the Freedom of Information Act. Philosecurity published the document with an article. Both DHS and then the reader have redacted personally identifying information, but the reader has added annotations in red to give a sense of the nature of the surprising detail. Report Link 2011 Diversity Immigrant Visa Lottery Program Announced.Buchanan Ingersoll & Rooney PC - October 01, 2009 The U.S. Department of State (DOS) has announced the opening of the registration period for the DV-2011 Diversity Visa (DV) Lottery Program. The DV Lottery Program enables foreign nationals to apply for permanent residence in the United States without employment or family sponsorship. The DV Lottery Program selects 50,000 people annually who can then pursue an immigrant visa at a U.S. embassy or consulate in their home country or adjust their status in the U.S. through the U.S. Department of Homeland Security (if a foreign national is residing legally in a nonimmigrant status in the U.S. at the time of the application). Report Link Restrain Thy Hope About Employment Based Visa Numbers.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - October 01, 2009 USCIS has made an admirable but confusing effort toward transparency by publishing a Question and Answer document reflecting the numbers of pending applicants for employment based adjustment of status to permanent residence, organized by their year of "priority date." We expect that clients and interested parties who are the subject of employment based labor certification applications or visa petitions may read, or read about, this document and related charts and become confused and perhaps unjustifiably hopeful about their likely wait for a visa number. We publish this alert to put the USCIS information into perspective and, sadly, leave readers with a more realistic impression that it is very difficult to know how long the wait for an employment based visa number might be. We ask readers not to feel obliged to take the time to read the USCIS document or this alert about it, and not to worry if the discussion below seems even more confusing than the USCIS chart. The bottom line: without congressional action, visa numbers likely will progress slowly. Report Link Annual Green Card Lottery Announced.Baker Hostetler LLP - October 01, 2009 The Department of State has announced the rules and process to register for this year's "Diversity Visa" program, which is literally a lottery for 50,000 green cards. Report Link International Travel Reminders.Ogletree Deakins - September 29, 2009 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: Report Link Many Foreign Nationals Must File U.S. Reports About Foreign Financial Accounts.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - September 24, 2009 Citizens and many unsuspecting foreign nationals in the United States must submit annual reports to the U.S. Department of Treasury concerning a broad array of foreign financial accounts exceeding $10,000. The Internal Revenue Service initially announced a voluntary disclosure program in March 2009 with a deadline for reporting previous violations of September 23, 2009. The IRS has announced a one-time extension of the deadline until October 15, 2009. Required persons must submit an increasingly detailed Form TD F 90-22.1. Penalties for noncompliance are severe. Report Link Employers Face More Scrutiny on Worker Compliance (pdf).Ballard Rosenberg Golper & Savitt - September 24, 2009 Pundits are wondering what the new administration’s
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. Report Link FEDERAL CONTRACTORS MUST BEGIN USING E-VERIFY SYSTEM TODAY.Ballard Rosenberg Golper & Savitt - September 09, 2009 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. Report Link Retail Industry Update: Five Things You Need To Know About Immigration Law – Right Now.Fisher & Phillips, LLP - September 03, 2009 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. Report Link New Immigration Enforcement Effort Is On The Way.Fisher & Phillips, LLP - September 02, 2009 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. Report Link I-485 Interviews as an Enforcement Tool.Ogletree Deakins - August 26, 2009 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? Report Link Employer Fines and Arrests: Enforcement News.Ogletree Deakins - August 26, 2009 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 Carolina’s Department of Labor, Licensing and Regulation has conducted 50-55 audits of businesses for compliance with the state’s 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. Report Link Traveler Update – Global Entry.Ogletree Deakins - August 26, 2009 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. Report Link Immigration Enforcement and Reform: What Lies Ahead.Elarbee, Thompson, Sapp & Wilson, LLP. - August 13, 2009 Immigration enforcement is here to stay. Although the Obama Administration has raised concern about the manner and consequences of worksite enforcement raids, it is clear that the Administration will use civil and criminal enforcement measures to go after employers believed to be knowingly employing illegal workers. Report Link DHS Site Visits Expand: Employers Be Alert.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - July 31, 2009 The Department of Homeland Security is sending investigators, often private investigators hired by the government, to visit employers of sponsored foreign nationals to confirm that the employer is in business and that the work arrangements are as represented in immigration filings. Employers need to notify their receptionists to route such callers and visitors to appropriate counsel and managers. Report Link Compliance Audits and Worksite Investigations on the Increase in the United States (pdf).Fredrikson & Byron, P.A. - July 22, 2009 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. Report Link Obama Administration Implements New Aggressive Immigration Enforcement.Baker Hostetler LLP - July 17, 2009 The question of how the new Obama administration will handle worksite enforcement has finally been answered, and the answer is very aggressive. On July 1st U.S. Immigration and Customs Enforcement (ICE) announced the start of a new I-9 audit initiative by issuing Notices of Inspection (NOI) to 652 businesses. The companies have been instructed that they have three (3) days to present the I-9 forms for active and terminated employees to ICE so it can determine whether the companies are complying with the Immigration Reform and Control Act of 1986 (IRCA). Report Link USCIS Customer Service Scripts Now Published.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - July 15, 2009 USCIS has posted on its web site the scripts apparently used by non-governmental, contracted customer service center workers in answering inquiries by the public to USCIS' 800 number (800-375-5283). Another victory for transparency in government. Report Link Reducing Immigration-Related Liabilities (pdf).Vedder Price - July 14, 2009 Reducing Immigration-Related Liabilities. Report Link Nationwide Immigration Audit Targets Hundreds Of Businesses.Fisher & Phillips, LLP - July 07, 2009 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. Report Link ICE Launches Initiative to Step-Up Audits of Businesses' Employment Records.Buchanan Ingersoll & Rooney PC - July 07, 2009 U.S. Immigration and Customs Enforcement (ICE) announced on July 1, 2009, that 652 businesses nationwide will be receiving Notices of Inspection. The notices alert business owners that ICE will be inspecting the hiring records of these employers to determine whether or not they are complying with employment eligibility verification laws and regulations. In conjunction with strategies announced by the Obama administration to stem illegal immigration and focus on the employers who hire illegal workers, this new initiative illustrates ICE's increased focus on ensuring a legal workforce by holding employers accountable for their hiring practices. Report Link Are We There Yet? Green Card Processing Updates.Ogletree Deakins - June 25, 2009 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. Report Link Can RICO Create Immigration-Related Liability for Employers?Ogletree Deakins - June 25, 2009 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. Report Link Entry Requirements for U.S. and Canadian Citizens Changing on June 1.Ogletree Deakins - May 29, 2009 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: Report Link Employers the Focus of DHS Worksite Enforcement Strategy.Ogletree Deakins - May 29, 2009 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. Report Link How Employers Should Respond to Recent Immigration Law Enforcement Changes Targeting EmployersGray Plant Mooty - May 22, 2009 On April 30, 2009, the Department of Homeland Security (DHS) issued a press release stating that the agency intends to shift the focus of its worksite enforcement strategy away from illegal workers and towards the criminal prosecution of employers who knowingly hire them. In light of DHS’s shift in priorities regarding worksite enforcement of immigration laws, it is now especially important for employers to ensure that they are in compliance with applicable laws.
Report Link U.S. and Canadian Citizens No Longer Exempt from Travel Documents on U.S. Entry Beginning June 1Jackson Lewis LLP - May 14, 2009 Under the Western Hemisphere Travel Initiative (WHTI), effective June 1, 2009, all travelers, including U.S. and Canadian citizens, will be required to present a passport or other approved travel document to enter the U.S. The WHTI is the Department of Homeland Security’s (DHS) and Department of State’s joint plan to establish travel document requirements for travelers who previously were exempt, including citizens of the U.S., Canada, and Bermuda. Report Link State Department Publishes New Exchange Visitor Skills List.Littler Mendelson, P.C. - May 06, 2009 On April 30, the Department of State published a new Exchange Visitor Skills List in the Federal Register. The new Skills List will be effective on June 28, 2009. Foreign nationals who obtain J-1 (Exchange Visitor) status on or after that date may be impacted. Report Link Are We There Yet? Green Card Processing Updates.Ogletree Deakins - May 04, 2009 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. Report Link Comprehensive Immigration Reform in 2009?Ogletree Deakins - May 04, 2009 In light of continuing economic concerns, many were surprised by recent confirmations from White House staff that President Barack Obama’s 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. Report Link Cost-Effective Immigration Solutions?Fisher & Phillips, LLP - May 01, 2009 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. Report Link Obama Administration to Focus on Immigration Reform.Jackson Lewis LLP - April 20, 2009 Consistent with President Barack Obama's pledge to immigrant groups during his election campaign last year, the Obama Administration has revealed that discussions will begin as early as May for possible comprehensive immigration reform legislation in the Fall. Report Link Traveler Update: U.S. Visit, Visa Waiver and Canada-U.S. Documents.Ogletree Deakins - March 12, 2009 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. Report Link Changes in UK Immigration Rules.Littler Mendelson, P.C. - March 02, 2009 In response to changing economic circumstances, UK Home Secretary, Jacqui Smith, announced three significant changes to UK immigration laws and policies regarding foreign workers and visitors coming to the UK from outside the European Economic Area (EEA). The following changes are effective April 1, 2009: Report Link U.S. Army Begins Nonimmigrant Recruitment Program.Buchanan Ingersoll & Rooney PC - February 25, 2009 To alleviate chronic shortages of physicians, nurses and language experts in the U.S. military, U.S. Secretary of Defense Robert Gates has authorized a pilot program to temporarily recruit foreign nationals living legally in the U.S. to enlist in the military without first having to obtain lawful permanent residence. This marks the first time in recent history that foreigners without permanent resident status will be able to enlist. The limited pilot program aims to recruit up to 1,000 people and will end on December 31, 2009, or when the 1,000-person target has been reached, whichever comes first. Report Link Are You Complying with Immigration Regulations?Elarbee, Thompson, Sapp & Wilson, LLP. - February 24, 2009 Despite the economic hardship facing many businesses, the Department of Homeland Security’s enforcement and investigative branch known as ICE is hard at work on worksite immigration compliance. Report Link Immigration Compliance In 2009 - The Theme Is Change.Ogletree Deakins - February 10, 2009 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. Report Link Immigration 2009 – What Every Employer Needs to Know.Fisher & Phillips, LLP - February 03, 2009 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. Report Link U.S. and Canadian Citizens No Longer Exempt from Presenting Travel Documents on U.S. Entry.Jackson Lewis LLP - January 30, 2009 Under the Western Hemisphere Travel Initiative, effective June 1, 2009, all travelers, including U.S. and Canadian citizens, will be required to present an approved travel document to enter the U.S. The WHTI is the Department of Homeland Security’s (DHS) and Department of State’s joint plan to establish travel document requirements for travelers who previously were exempt, including citizens of the U.S., Canada, and Bermuda. Report Link LCA Processing Times to Increase in 2009.Ogletree Deakins - January 14, 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. Report Link REMINDER for U.S. Citizens and Residents (pdf).Vedder Price - January 12, 2009 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. Report Link Important Reminders Regarding Visa Waiver Program Changes, New Form I-9 and New Travel Document Requirements.Buchanan Ingersoll & Rooney PC - January 12, 2009 ESTA Authorization Required for Visa Waiver Travel Beginning January 12; USCIS Reveals New Form I-9 Effective February 2; New Travel Documents for U.S. Entry Required Beginning June 1; Report Link Record Worksite Enforcement Settlement Sends Message to Employers of Illegal Aliens.Littler Mendelson, P.C. - January 02, 2009 On December 19, 2008, Immigration and Customs Enforcement (ICE) announced that IFCO Systems North America (IFCO), the nation's largest pallet management services company, had agreed to a record $20.7 million settlement of claims alleging the knowing employment of illegal aliens. This settlement agreement resolves only the corporate liability and does not encompass pending criminal cases against IFCO managers and employees. To date, nine managers and employees have pled guilty to various criminal charges, and four managers are awaiting trial in New York. Report Link Employer to Pay $20.7 Million in Immigration Work-Site Enforcement Settlement.Jackson Lewis LLP - December 26, 2008 In the largest immigration work-site enforcement settlement yet, IFCO Systems North America (“IFCO”) will pay the government $20.7 million dollars in civil forfeitures and penalties over four years in consideration of the government’s not further pursuing corporate criminal charges against certain IFCO employees for hiring illegal aliens. Report Link U.S. Military Starts Pilot Program to Recruit Lawful Nonimmigrants.Buchanan Ingersoll & Rooney PC - December 17, 2008 To alleviate chronic shortages of physicians, nurses and language experts in the U.S. military, the secretary of defense has authorized a pilot program to temporarily recruit foreign nationals living legally in the U.S. to enlist in the military. For the first time in recent history, foreigners without permanent resident status will be able to enlist in the U.S. military if their skills are vital to the national interest. This limited pilot program will recruit up to 1,000 people and will continue for a period of up to 12 months. In exchange, the enlisted foreign national will be eligible for expedited U.S. citizenship. Report Link Immigration for Employers (pdf).Jackson Lewis LLP - December 08, 2008 DHS Worksite
Raids: Throwing
Down the Gauntlet; Federal Acquisition Regulation Amended to
Require Federal Contractors to Use E-Verify; Federal Immigration
Law Guru Joins
Jackson Lewis LLP; Report Link Advisory: Business Travelers Must Register to Enter United States.Ogletree Deakins - December 04, 2008 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. Report Link Visa Processing Changes in Canada and Mexico.Ogletree Deakins - December 04, 2008 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. Report Link Recent Developments in Business Immigration Law (pdf).Vedder Price - November 19, 2008 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. Report Link Criminal Prosecution for Employing or Harboring Undocumented Workers Facing Former CEO.Jackson Lewis LLP - November 14, 2008 Agriprocessors Inc.’s former CEO has been charged with conspiring to harbor illegal immigrants for profit, aiding and abetting document fraud, and aiding and abetting aggravated identity theft. This follows a Department of Homeland Security worksite raid at the company’s Postville, Iowa, plant in May which resulted in the arrest of 400 illegal immigrants. The arrest of the former CEO of the country’s largest kosher meatpacking company highlights the DHS’ escalating efforts to crack down on companies employing undocumented workers. DHS has sent a clear message that anyone, even the most senior-level executive, may be held liable for criminal violation of immigration laws. Report Link DOS Issues Final Rule on Certification for Foreign Health Care Workers to Ensure High Quality.Jackson Lewis LLP - November 07, 2008 The Department of State (DOS) has published its final rule on certification requirements for certain foreign health care workers seeking admission to the United States. Foreign health care workers, other than physicians, must present a certificate from the Commission on Graduates of Foreign Nursing Schools or other credentialing organization approved by the Department of Homeland Security, in consultation with the Secretary of Health and Human Services (HHS), before they may be eligible for a visa and admission to the U.S. Report Link Foreign Nationals Need to Prepare in Advance For Holiday Travel.Buchanan Ingersoll & Rooney PC - November 06, 2008 As the holiday season approaches, many foreign nationals will be traveling abroad to visit family and friends. We urge all foreign nationals to plan their international travel well in advance due to possible delays that could affect exit from, and re-entry into, the United States. The Department of Homeland Security's (DHS) entry and exit registration program, known as US-VISIT, affects all non-immigrant visa holders exiting and entering the U.S. Foreign nationals traveling to the U.S. must have their two index fingers scanned and must be photographed to match and authenticate their travel documents at a port of entry. At this time, 10 U.S. airports have replaced the two-fingerprint scanners with new 10-fingerprint scanners. This inspection process may result in delays. International travelers are no longer required to check out at a US-VISIT exit kiosk but must still return their Form I-94 Arrival Departure Record to an airline or ship representative when departing the U.S. Report Link Citizens of Seven Additional Countries to Travel the U.S. Visa-Free Through Visa Waiver Program.Jackson Lewis LLP - November 06, 2008 President George W. Bush has announced the addition of seven countries to the United States Visa Waiver Program (VWP), bringing total participating countries to 34. Beginning late November, citizens of the seven countries will be permitted to travel to the U.S. for business or tourism visa-free. In his October 17 statement, the President said the additions were in recognition of the increasingly interconnected nature of global commerce and to facilitate business transactions between U.S. companies and firms abroad. Report Link New Administration Not Likely to Change Immigration Enforcement Strategy.Littler Mendelson, P.C. - November 03, 2008 Immigration enforcement is here to stay. The Bush Administration was successful in dramatically increasing the number of law enforcement personnel devoted to immigration enforcement. The statistics demonstrate that the Department of Homeland Security's (DHS) enforcement strategy is generating positive results. Arrests of immigration violators are up, as are criminal investigations and indictments. Report Link Immigration eAuthority.Ogletree Deakins - October 24, 2008 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 TN’s Authorized by USCIS. Report Link USCIS Extends TPS for El Salvador, Nicaragua, and Honduras.Jackson Lewis LLP - October 10, 2008 The United States Citizenship and Immigration Services (USCIS) has announced it will extend the Temporary Protected Status (“TPS”) program for citizens of El Salvador, Nicaragua, and Honduras. Report Link Seven Companies Notified of Possible Debarment for Knowingly Hiring Illegal Aliens.Jackson Lewis LLP - September 26, 2008 The U.S. Immigration and Customs Enforcement has announced that it has notified seven companies of potential debarment from federal contracting because each has been found to be unlawfully employing persons without work authorization. Such notification has the following effects: Report Link Are We There Yet? More on Immigration Processing Times.Ogletree Deakins - September 25, 2008 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. Report Link ICE Continues Enforcement Trend With Largest Raid Ever.Barker Olmsted & Barnier - September 04, 2008 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. Report Link Government Immigration Raids Continue.Ogletree Deakins - August 26, 2008 The federal government is continuing to expand worksite enforcement activities pursuant to the Bush Administration’s 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. Report Link How Long Will My Case Take? PERM Processing Updates.Ogletree Deakins - August 26, 2008 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. Report Link Immigration Raids-Tips for Avoiding Corporate Liability (pdf).Vedder Price - August 19, 2008 Nearly every week, the U.S.
Department of Homeland
Security’s 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. Report Link The Presidential Candidates on Immigration.Ogletree Deakins - July 23, 2008 As we approach the 2008 Presidential election, both John McCain and Barack Obama are sharpening their perspectives on immigration policy. Report Link Federal Judge Bars Enforcement of Key Sections of Oklahoma's New Immigration Law.Jackson Lewis LLP - July 10, 2008 Judge Robin Cauthron of the federal district court in Oklahoma City has halted the state from executing and enforcing two key provisions of Oklahoma's new immigration reform law, the Taxpayer and Citizen Protection Act of 2007. Chamber of Commerce of the USA, et al. v. Henry, et al. (W.D. Ok.).The court's June 4, 2008, order came only days before one of the disputed provisions was scheduled to take effect. The judge issued the preliminary injunction after concluding that the opponents of the law would likely be able to prove that it is preempted by federal law. Report Link President Bush Signs Executive Order Requiring All Federal Contractors to Use E-Verify.Fisher & Phillips, LLP - June 11, 2008 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. Report Link The Image Program (pdf).Jones Walker - June 10, 2008 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.” Report Link U.S. Immigration and Customs Enforcement (ICE) Expanding Operations.Elarbee, Thompson, Sapp & Wilson, LLP. - April 21, 2008 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. Report Link Caution: Increased Penalties for Immigration ViolationsFisher & Phillips, LLP - April 02, 2008 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. Report Link Employers Will Face Increased Penalties for Immigration Violations.Fisher & Phillips, LLP - March 28, 2008 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. Report Link Federal Agencies to Step Up Enforcement of Immigration Laws Against Employers.Phelps Dunbar LLP - March 07, 2008 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. Report Link DHS Jacking Up Fines for Employing Illegal Aliens.Littler Mendelson, P.C. - March 05, 2008 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. Report Link Caution: Immigration Laws Have Real Teeth.Fisher & Phillips, LLP - March 05, 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. Report Link Penalties Increase for Certain Immigration Violations.Ford & Harrison LLP - March 04, 2008 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. Report Link Update to New USCIS Background Check Policy.Buchanan Ingersoll & Rooney PC - March 04, 2008 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. Report Link Arizona Federal Court Dismisses Lawsuit Challenging Legal Arizona Workers Act.Jackson Lewis LLP - February 15, 2008 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. Report Link Going Global: Ten Key Considerations for Effective Strategic Planning in Relocating Personnel.Fredrikson & Byron, P.A. - February 14, 2008 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. Report Link Eyes on the Workforce: Legal Arizona Workers Act Withstands Constitutional Scrutiny.Littler Mendelson, P.C. - February 12, 2008 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. Report Link DHS Requires Documentation of Citizenship and Identity at Borders Beginning January 31, 2008 Jackson Lewis LLP - February 04, 2008 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. Report Link Ethical Dimensions of Business Immigration PracticeFredrikson & Byron, P.A. - January 31, 2008 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. Report Link ICE and Local Police Join Forces to Ramp Up Immigration Enforcement.Littler Mendelson, P.C. - January 25, 2008 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. Report Link 2008 ICE Enforcement Strategy: Enforcement Audits to Increase.Fisher & Phillips, LLP - January 23, 2008 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. Report Link January 2008 Immigration Law Alert (pdf).Vedder Price - January 23, 2008 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. Report Link DHS Issues Final Rule on REAL ID.Buchanan Ingersoll & Rooney PC - January 22, 2008 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. Report Link Latest Update on State Immigration Laws.Buchanan Ingersoll & Rooney PC - January 11, 2008 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: Report Link Efforts to Halt "Legal Arizona Workers Act" Fails.Jackson Lewis LLP - January 02, 2008 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. Report Link Business Immigration Practice Travel Alert (pdf).Ogletree Deakins - December 26, 2007 Business Immigration Practice Travel Alert. Report Link Immigration Housekeeping.Elarbee, Thompson, Sapp & Wilson, LLP. - December 24, 2007 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: Report Link Global Immigration Alert (November 28, 2007)Fisher & Phillips, LLP - December 04, 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. Report Link Federal Court Holds Hearing on Challenges to the Legal Arizona Workers Act.Littler Mendelson, P.C. - November 30, 2007 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. Report Link Global Immigration Alert.Fisher & Phillips, LLP - November 15, 2007 Social Security Administration will not issue mis-match letters this year; Arizona Immigration Law Challenged; All Federal Agencies Must Now Use E-Verify. Report Link 2009 Green Card Lottery Application Period Opens.Ogletree Deakins - October 24, 2007 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. Report Link 2009 Diversity Visa Lottery Procedure and Deadline.Buchanan Ingersoll & Rooney PC - October 11, 2007 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. Report Link Diversity Visa Lottery Starts Soon (pdf).Vedder Price - September 07, 2007 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. Report Link Immigration Legal Alert: DHS Extends Temporary Protected Status For El Salvador.Ford & Harrison LLP - August 28, 2007 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. Report Link Finding a "Safe Harbor" Among the "ICE" Storms (pdf).Jones Walker - August 16, 2007 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. Report Link New Immigration and Worksite Enforcement Rules Promise Stricter Scrutiny of Employee Work Authorizations.Jackson Lewis LLP - August 16, 2007 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. Report Link Immigration Law Update (pdf).Vedder Price - July 18, 2007 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. Report Link Senate Fails to Reach Compromise on Controversial Immigration Reform Bill.Jackson Lewis LLP - July 05, 2007 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. Report Link Comprehensive Immigration Reform Effort Dead for Now.Littler Mendelson, P.C. - July 02, 2007 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. Report Link All Employment-Based Categories CurrentBuchanan Ingersoll & Rooney PC - June 18, 2007 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. Report Link State Department Temporarily Suspends New Passport Rules.Buchanan Ingersoll & Rooney PC - June 11, 2007 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. Report Link Senate Immigration Bill Tabled.Littler Mendelson, P.C. - June 11, 2007 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. Report Link Immigration Legal Alert: USCIS Announces Increase in Filing Fees.Ford & Harrison LLP - June 05, 2007 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. Report Link USCIS Publishes Final Rules Increasing Many Filing Fees.Littler Mendelson, P.C. - June 05, 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. Report Link New Filing Fee Schedule.Elarbee, Thompson, Sapp & Wilson, LLP. - June 04, 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. Report Link The Brave New World of Employment Verification under the "Grand Compromise".Littler Mendelson, P.C. - May 30, 2007 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. Report Link Impact Analysis of Comprehensive Immigration Reform Senate Bill.Littler Mendelson, P.C. - May 30, 2007 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. Report Link Immigration 101.Fisher & Phillips, LLP - May 29, 2007 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. Report Link Senate Begins Debate on "Grand Bargain" on Immigration.Ford & Harrison LLP - May 25, 2007 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. Report Link The Immigration Quagmire: When to Call for Help (pdf).Fredrikson & Byron, P.A. - May 24, 2007 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. Report Link Immigration Reform Bill Inches towards Consensus.Jackson Lewis LLP - May 21, 2007 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. Report Link Immigration Alert - USCIS: U.S. Master's Case Cap Has Been Met.Ogletree Deakins - May 09, 2007 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. Report Link IRS Withholding Rules For Nonresident Aliens.Fisher & Phillips, LLP - May 03, 2007 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. Report Link Same Time This Year: The May 1 Immigration Demonstrations -- What Can an Employer Do?Littler Mendelson, P.C. - April 25, 2007 What have employers learned since last May's walk-outs? Do you have a reasonable, nondiscriminatory attendance policy in place? Report Link Employers Should Again Be Prepared for Immigration Rallies.Ford & Harrison LLP - April 11, 2007 The immigration debate is far from over. Are you ready for this year's May protests? Report Link U.S. Citizen/North American Traveler Alert (pdf).Vedder Price - March 02, 2007 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. Report Link Tools for Ensuring Compliance with Immigration Laws (pdf).Vedder Price - March 02, 2007 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. Report Link State Laws Requiring Verification of Work Authorization (pdf).Vedder Price - March 02, 2007 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. Report Link Processing Service for Permanent Resident Petitions (pdf).Vedder Price - March 02, 2007 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. Report Link Immigration Enforcement (pdf).Vedder Price - March 02, 2007 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. Report Link H-1B Visas Soon To Become Available (pdf).Ogletree Deakins - January 15, 2007 As of April 1, 2007, employers will again be able to file "new" H-1B petitions. Report Link Don’t Let Ice Freeze Your Business (pdf).Jones Walker - January 12, 2007 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. Report Link Employers Charged With Hiring Illegal Aliens Treated To ICE in the Winter.Jackson Lewis LLP - December 27, 2006 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. Report Link Passport Requirement Effective January 23, 2007.Ford & Harrison LLP - December 11, 2006 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. Report Link Passports Required for Air Travel into the U.S. as of January 23, 2007 (pdf).Ogletree Deakins - November 29, 2006 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. Report Link The Coming ICE Storm.Elarbee, Thompson, Sapp & Wilson, LLP. - November 17, 2006 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. Report Link Immigration -- What is an employer to do? (pdf).Vedder Price - October 23, 2006 This article relates to immigration issues which have been dominating the news both locally and nationally. Report Link The Immigration Debate (pdf).Vedder Price - October 23, 2006 Topical discussion regarding Immigration and what businesses can do. Report Link State Department Announces Dates for 2008 Diversity Immigrant Visa Lottery (DV-2008).Jackson Lewis LLP - September 26, 2006 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. Report Link RICO/Immigration or Antitrust/Immigration Lawsuits?Littler Mendelson, P.C. - September 13, 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. Report Link AILA Comments on ICE Proposed Safe Harbor Regulation.Jackson Lewis LLP - August 17, 2006 The American Immigration Lawyers' Association ("AILA") has released its extensive comments on Immigration and Customs Enforcement's proposed safe harbor regulations. Report Link Increased Emphasis on Immigration Issues Puts Service Employers on Notice.Elarbee, Thompson, Sapp & Wilson, LLP. - July 10, 2006 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. Report Link English-Only Rules and Other Foreign Worker Issues.Jones Walker - June 23, 2006 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? Report Link TPS Extension for El Salvador.Jackson Lewis LLP - June 23, 2006 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. Report Link Federal Immigration Officials Target Employers.Elarbee, Thompson, Sapp & Wilson, LLP. - June 21, 2006 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. Report Link Labor and Employment Law Issues Associated with Immigration Protests (pdf).Ogletree Deakins - June 19, 2006 Issues surrounding National Day of Action. Report Link Immigration Raids Signal New Enforcement Emphasis by ICE.Littler Mendelson, P.C. - June 09, 2006 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. Report Link Supreme Court Directs Eleventh Circuit to Reconsider Racketeering Case Involving Illegal Workers.Ford & Harrison LLP - June 07, 2006 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. Report Link The Immigration Quagmire: When to Call (pdf).Fredrikson & Byron, P.A. - May 22, 2006 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. Report Link The Immigration Debate: Its Impact on Workers, Wages and Employers.Knowledge@Wharton (Reg Required) - May 18, 2006 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. Report Link New DHS Immigration Enforcement Strategy Coincides with Recent Worksite Raids.Jackson Lewis LLP - May 09, 2006 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. Report Link Appropriate Legal Responses on "A Day Without Immigrants".Elarbee, Thompson, Sapp & Wilson, LLP. - May 03, 2006 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. Report Link Legal Alert: Employers Should Be Prepared for More Immigration Rallies.Ford & Harrison LLP - May 01, 2006 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. Report Link Advance Notice May Be Required Prior To Participation In Immigration Protest (pdf).Ogletree Deakins - April 28, 2006 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. Report Link Immigration Rally Planned On May 1: How Should Employers Respond?Vedder Price - April 26, 2006 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. Report Link The May 1 Immigration Demonstrations -- What Can An Employer Do?Littler Mendelson, P.C. - April 26, 2006 On May 2, 2006, numerous newspapers will likely run the following headline: "Thousands Demonstrate over Immigration Issues." Of those thousands (predicted by the press to be hundreds of thousands across the United States), some may well be your employees. And those employees may have skipped work in order to demonstrate. Two questions then arise - can you, and should you, discipline those workers for missing work? Report Link Dealing with the Workplace Impact of Immigrant Rallies and Protests.Jackson Lewis LLP - April 19, 2006 As the immigration debate rages in Congress and many state legislatures, a wide range and number of organizations and employees have participated in public rallies and demonstrations.1 Ongoing events are planned throughout the country from California to Massachusetts. On April 10, 2006, some workers left their jobs or failed to report to work to participate in the "National Day of Action for Immigrant Justice." A nationwide work stoppage is planned for May 1, 2006, dubbed by organizers as "A Day Without An Immigrant." Report Link "Sister" Service Centers.Jackson Lewis LLP - April 18, 2006 The four USCIS Service Centers (Vermont, California, Nebraska and Texas) will now take a team approach to adjudicating petitions. Report Link TPS Extension for Nicaragua and Honduras.Jackson Lewis LLP - April 18, 2006 On March 30, 2006, the Department of Homeland Security extended the Temporary Protected Status ("TPS") program for citizens of Nicaragua and Honduras until July 5, 2007. Report Link Hospitality Employers Should Be Prepared for More Immigration Rallies.Ford & Harrison LLP - April 14, 2006 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. Report Link Immigration Law Alert (pdf).Vedder Price - November 04, 2005 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. Report Link Advanced Passenger Information Rule.Littler Mendelson, P.C. - August 30, 2005 The United States Department of Homeland Security (DHS) adopted new requirements for advanced passenger information (API) for people arriving in the United States via flights and voyages. Report Link Business Immigration Law Update (pdf).Vedder Price - August 29, 2005 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. Report Link Supplemental Appropriations Act Includes Immigration Provisions Important for Health Care Employers.Jackson Lewis LLP - June 29, 2005 The recently enacted "Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief of 2005" contains a variety of immigration measures significantly impacting the admission and employment of foreign nationals in the U. S. Report Link Travelers from VWP Countries Must Now Have Machine Readable Passports: Law is in Full Effect.Littler Mendelson, P.C. - June 21, 2005 Citizens of the twenty-seven VWP (Visa Waiver Program) countries must carry machine-readable passports by the end of the grace period on June 26, 2005, or they will not be admitted to the US without a visa. VWP countries are: Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. Report Link President Signs Emergency Supplemental Appropriations Act with Significant Immigration Provisions.Jackson Lewis LLP - May 17, 2005 The $82 billion appropriations legislation, "Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief of 2005," was signed into law by President Bush on May 11, 2005. Report Link U.S. Immigration Law During Turbulent Times.Fredrikson & Byron, P.A. - March 24, 2004 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. Report Link President Bush Proposes Immigration Reform to Grant Relief to Illegal Workers.Jackson Lewis LLP - January 09, 2004 In his first formal announcement of the 2004 election year, President George W. Bush has called for a major overhaul to the U. S. immigration system in its treatment of illegal aliens. Report Link Immigration and Customs Enforcement Arrests Over 250 at 60 Wal-Mart Stores.Jackson Lewis LLP - October 28, 2003 Immigration and Customs Enforcement ("ICE") arrested over 250 unauthorized alien workers at 60 Wal-Mart store locations in 21 states and at the company's headquarters in Bentonville, Arkansas on October 23, 2003. Report Link INS Clarifies Reports of Adjustment of Status Processing Moratorium.Jackson Lewis LLP - November 25, 2002 Fujie Ohata of the INS Immigration Services division has confirmed that while some naturalization and adjustment of status cases will encounter delays due to implementation of security enhancements, initial reports of a halt to adjudications are inaccurate. Report Link INS Proposes Penalties for Failure to Inform of Address Change.Jackson Lewis LLP - September 10, 2002 The Immigration and Naturalization Service ("INS") has recently issued proposed rules which would impose a penalty not to exceed $200, or imprisonment for not more than 30 days, or both, on aliens who fail to notify INS of an address change within 10 days of a move. Report Link Finalized INS Alien Registration Rule Effective Sept. 11, 2002.Jackson Lewis LLP - August 22, 2002 The U.S. Department of Justice (DOJ) recently issued a final rule that requires certain nonimmigrant aliens to make specific reports to the Immigration and Naturalization Service (INS). Set to take effect on September 11, 2002, the rule currently affects only aliens from Iran, Iraq, Libya, and Sudan. Report Link Premium Processing for Nonimmigrant Work Visas Cuts Long Wait Time at INS.Jackson Lewis LLP - July 30, 2001 To date, practitioners have been reporting good results with the program, as INS has apparently been meeting the 15 day deadline for nearly all cases.
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