http://www.elinfonet.com/fedindex/13 Immigration law articles. Sat, 21 Nov 2009 23:11:15 EST en-us http://www.elinfonet.com/newscount.php?popID=8694 Article: 8694 Fri, 20 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) 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. http://www.elinfonet.com/newscount.php?popID=8693 Article: 8693 Fri, 20 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) 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. http://www.elinfonet.com/newscount.php?popID=8692 Article: 8692 Fri, 20 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) ICE announced interim results for the 650 I-9 audits it announced in July and announced it has begun 1,000 new audits nationwide with a focus on critical infrastructure and specific leads. Meanwhile, ICE finally revealed its new schedule for assessing fines for "knowing" and paperwork I-9 violations arising from the audits. DHS also announced a plan to encourage employers using E-Verify to publicize that participation to customers. http://www.elinfonet.com/newscount.php?popID=8691 Article: 8691 Fri, 20 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) The Department of Homeland Security’s Immigration and Customs Enforcement (“ICE”) announced on November 19 that it would begin delivering I-9 audit notices immediately to approximately 1,000 employers across the country associated with critical infrastructure. From initial reports, it appears that the notices are primarily subpoenas for I-9 and supporting documentation. http://www.elinfonet.com/newscount.php?popID=8685 Article: 8685 Thu, 19 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) On November 17, 2009, U.S. Citizenship and Immigration Services (USCIS) released updated information on H-1B non-immigrant visa petitions for Fiscal Year 2010 (beginning October 1, 2009), stating that as of November 13, 2009, it has received 55,600 of the 65,000 H-1B non-immigrant visa petitions needed to meet the H-1B regular cap, and that it has approved all 20,000 visa petitions needed to meet the U.S. master’s degree cap. If USCIS receives any new H-1B petitions filed under the U.S. master’s degree cap, those petitions will now count towards the regular H-1B cap of 65,000. USCIS will continue to accept new H-1B visa petitions filed under both the regular and U.S. master’s degree caps and monitor the number of petitions received, since not all petitions can be approved. http://www.elinfonet.com/newscount.php?popID=8668 Article: 8668 Fri, 13 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) 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? http://www.elinfonet.com/newscount.php?popID=8666 Article: 8666 Thu, 12 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) The U.S Citizenship and Immigration Service (USCIS) has commenced an investigation initiative to increase dramatically the number of worksite inspections of the employment of H-1B foreign workers. H-1B visas are commonly obtained by U.S. companies in order to employ skilled foreign workers in specialty occupations. The on-site inspections will focus on employers’ compliance with the employment terms of their foreign workers’ immigration petitions. http://www.elinfonet.com/newscount.php?popID=8665 Article: 8665 Thu, 12 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Employers with foreign national employees working under H-1B and L-1 nonimmigrant visas should be prepared to receive an unannounced visit in the coming months from the U.S. Citizenship and Immigration Services' (USCIS) Office of Fraud Detection and National Security and Records Verification (FDNS). Over the summer, USCIS had announced it would begin using contract inspectors to perform thousands of "random," on-site inspections of H-1B and L-1 employers to identify fraudulently filed H-1B and L-1 petitions. The fraud detection program is funded through the mandatory $500 "anti-fraud" fee paid by employers to USCIS when sponsoring an H-1B or L-1 employee. The purpose behind the visit is to verify that the petitioning employer is a legitimate, operating business and that the H-1B or L-1 employee is an actual employee working at the job location in the position indicated on the underlying visa petition. http://www.elinfonet.com/newscount.php?popID=8662 Article: 8662 Wed, 11 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) On November 3, 2009, U.S. Citizenship and Immigration Services (USCIS) released updated information on H-1B non-immigrant visa petitions for Fiscal Year 2010 (beginning October 1, 2009), stating that as of October 30, 2009, it has received 53,800 of the 65,000 H-1B non-immigrant visa petitions needed to meet the H-1B regular cap, and that it has approved all 20,000 visa petitions needed to meet the U.S. master’s degree cap. If USCIS receives any new H-1B petitions filed under the U.S. master’s degree cap, those petitions will now count towards the regular H-1B cap of 65,000. USCIS will continue to accept new H-1B visa petitions filed under both the regular and U.S. master’s degree caps and monitor the number of petitions received, since not all petitions can be approved. http://www.elinfonet.com/newscount.php?popID=8642 Article: 8642 Fri, 06 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) The U.S. Citizenship and Immigration Service (USCIS) Office of Fraud Detection and National Security (FDNS) has initiated an H-1B audit program to assess employer compliance with H-1B requirements. FDNS will make unannounced Administrative Site Visits to H-1B employers and their clients, whereby the investigator will collect information regarding the legitimacy of an employer's business and the accuracy of the representations made in filed H-1B petitions. The purpose of this audit program and the associated site visits is to detect, deter, and combat immigration benefit fraud. USCIS has already sent tens of thousands of cases to FDNS, so it is important for H-1B employers to know what to expect and how to respond if FDNS comes knocking.