In a press release dated April 7, 2014, the White House announced that the Department of Homeland Security (DHS) will soon publish proposed rules, as part of the “Attracting the World’s Best and Brightest” initiative, to allow spouses of certain H-1B visa holders to be eligible for employment authorization to work in the U.S. This effort will be part of a series of steps to strengthen entrepreneurship in the United States and abroad, as well as attract high-skilled immigrants to the United States.
Articles Discussing Employing Immigrants.
H-1B Cap Reached for Fiscal Year 2015
U.S. Citizenship and Immigration Services (USCIS) announced on Monday, April 7, 2014 that it received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year 2015 during the first week of the filing period, which ran from April 1, 2014 to April 7, 2014. USCIS also confirmed that it received more than the limit of 20,000 H-1B petitions under the advanced degree exemption. As the H-1B cap is now officially oversubscribed, USCIS will no longer accept H-1B cap petitions for fiscal year 2015.
Employers Should Anticipate Tougher Worksite Enforcement Efforts in the Near Future
In a recent report entitled “U.S. Immigration and Customs Enforcement’s Worksite Enforcement Administrative Inspection Process,” Acting Assistant Inspector General for Audits Mark Bell discussed the results of an audit of U.S. Immigration and Customs Enforcement’s (“ICE”) worksite enforcement processes. The purpose for the audit was to determine whether ICE was meeting directives set out in the 1986 Immigration Reform and Control Act. The report concluded that ICE has been inconsistent in its enforcement policies and made recommendations to improve ICE’s implementation of its worksite strategy and uniformly strengthen its fine and audit procedures.
E-Verify Enhancement Provides Email Notification to Employees
United States Citizen and Immigration Services (USCIS) has launched a new customer service enhancement to E-Verify, the Internet-based employment eligibility verification program that compares information on an employee’s Form I-9 with data in Social Security Administration (SSA) and Department of Homeland Security (DHS) records. With this enhancement, the E-Verify system will continue to issue a Tentative Nonconfirmation (TNC) if there is a record mismatch that needs to be resolved before the employee can be confirmed as work authorized, but will now also notify the employee electronically.
H-1B Cap: Critical Filing Dates for FY 2015 Requiring Immediate Employer Action
Employers who wish to sponsor H-1B workers for Fiscal Year 2015 can begin filing petitions on April 1, 2014 for a start date of October 1, 2014. The H-1B visa is used by businesses to employ foreign nationals to work in a specialty occupation requiring theoretical or technical expertise. For FY 2015, cases will be considered accepted on the date that U.S. Citizenship and Immigration Services (USCIS) takes possession of the petition, not on the date it was postmarked. We therefore encourage all employers to mail H-1B petitions on Monday, March 31, 2014.
Staffing Agency Reaches Settlement with U.S. Department of Justice over Immigration-Related Discrimination Claim
A Massachusetts staffing agency has reached a settlement with the U.S. Department of Justice, Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC), resolving allegations that it violated federal law by discriminating against work-authorized non-citizens during the E-Verify process.
House Republicans Release Standards for Immigration Reform
On January 30, 2014, House Speaker John A. Boehner (Ohio) announced at a GOP retreat in Maryland the House Republicans’ six standards for immigration reform. The message in the preamble made clear that House Republicans would not support comprehensive immigration reform but favored a step-by-step approach which would begin with increased border security. Although the standards do not lay out exact steps to achieve the reform, they address the following areas.
Grand Jury Returns 23-Count Indictment for Conspiring to Harbor Undocumented Workers
A federal grand jury recently returned a 23-count indictment charging the owners and managers of an Ohio restaurant chain with conspiracy to harbor undocumented workers, aiding and abetting the harboring of undocumented workers, and harboring undocumented workers, among other charges. In addition to prison sentences, the indictment seeks $16.47 million in gross proceeds that the defendants allegedly earned as a result of the claimed offenses. The indictment is the result of a joint investigation by U.S. Immigration and Customs Enforcement (ICE) and the U.S. Department of Labor Office of Inspector General.
ICE Announces Year End Removal Numbers
Immigration and Customs Enforcement (ICE) announced yesterday that in FY2013, the agency conducted a total of 368,644 removals. Of these removals, 235,093 occurred during or shortly after individuals were attempting to enter the U.S. The remaining 133,551 removals were individuals who were apprehended in the interior of the United States. The leading countries of origin for those removed were Mexico, Guatemala, Honduras, and El Salvador, which accounted for about 94.4% of the total removals.
With Shutdown Over, All E-Verify Services Now Available
After the federal government’s partial shutdown on October 1, 2013, employers were unable to access their E-Verify accounts. Now that funding has been restored and E-Verify services are back online, the Department of Homeland Security has issued guidance and instructions to employers.
E-Verify Instructions to Employers Following the Government Shutdown
The Department of Homeland Security (DHS) announced on October 17, 2013 that E-Verify is once again available for use by employers following the end of the government shutdown. During the government shutdown, E-Verify users were unable to access their accounts, verify the employment authorization of new hires, or reconcile any pending tentative non-confirmations in E-Verify. Now that E-Verify is again available, DHS has released guidance and instructions to employers who were impacted by E-Verify’s temporary unavailability.
House Democrats Introduce Comprehensive Immigration Bill Designed to Receive Bipartisan Support
On October 2, 2013, Rep. Joe Garcia (D-FL) introduced the Border Security, Economic Opportunity, and Immigration Modernization Act (H.R. 15), a comprehensive immigration reform bill modeled on Senate bill 744, which the Senate approved on June 27, 2013. As of October 6, the bill had 161 co-sponsors.
Immigration Processes with the Department of Labor Indefinitely Suspended Due to Federal Shutdown
The U.S. Department of Labor announced on October 1, 2013 that the Office of Foreign Labor Certification (OFLC) will neither accept nor process any applications or related materials (such as audit responses) it receives, including Labor Condition Applications, Applications for Prevailing Wage Determination, Applications for Temporary Employment Certification, or Applications for Permanent Employment Certification, during the suspension of federal government services. In addition, the OFLC’s web sites, including the iCERT Visa Portal System, is not processing any requests or allowing authorized users to access their online accounts. The DOL has explained that these websites will be available again when the federal government resumes operations.
E-Verify Unavailable During Government Shutdown
The Department of Homeland Security (DHS) announced on October 1, 2013 that E-Verify will be unavailable during the federal government shutdown. Employers will be unable to access their E-Verify accounts, and E-Verify customer support and related services will be closed. This means that employers will be unable to run new hires or take any other action in E-Verify so long as the government shutdown continues.
Legal Alert: Government Shutdown and Processing of Immigration Benefits
Executive Summary: On October 1, 2013, the U.S. Federal Government implemented a shutdown after Congress failed to reach an agreement on appropriations. As a result, several federal agencies involved in processing immigration benefits have been impacted for the unforeseen future.