Headlines: Feds Crack Down on Employers – In recent actions, the Criminal Division of the U.S. – Attorney’s Office in Washington, DC, is investigating Chipotle Mexican Grill about hiring undocumented workers at its 1,092 restaurants; owners of another establishment were arrested for violations related to employing undocumented workers and not paying taxes on them. House Holds Hearing […]
The Department of State’s Visa Bulletin for May 2011 notes that demand in the employment first preference is extremely low compared with that of recent years. Absent an immediate and dramatic increase in demand, this category is expected to remain "Current" for all countries. It also appears unlikely, the Bulletin says, that a second preference […]
Headlines: 1. USCIS Begins Accepting H-1B Petitions – As of April 1, 2011, USCIS has begun accepting H-1B petitions subject to the FY 2012 cap of 65,000. 2. USCIS Proposes Rule on Registration Requirement for H-1B Petitioners – The rule, which would not take effect until next year, proposes to require employers seeking to petition […]
Headlines: Mayorkas Discusses USCIS Goals for 2011; VIBE System Introduced – The Alliance of Business Immigration Lawyers recommends that clients check their profile and make sure that the major areas are correct to avoid requests for evidence in the future. E-Verify Self-Check Going Live in March – The self-check process is voluntary and available to […]
Under section 235(b)(1) of the Immigration and Nationality Act (“INA”),[1] U.S. immigration officers may order certain non-citizens[2] who are arriving in the United States to be removed on an expedited basis, without any appeal or meaningful judicial review. This “expedited removal” process can lead to unfair results, but the conventional wisdom has been that it […]
Any employer who files a Form I-129 petition to the U.S. Citizenship & Immigration Services (USCIS) on or after February 20, 2011 to classify a foreign national worker for an H-1B, H-1B1, L-1, or O-1 visa will be required to make an attestation about its compliance with U.S. export control laws.К This article provides a […]
Headlines: 1. H-1B Cap Reached for FY 2011 – January 26, 2011, is the “final receipt date” for new H-1B specialty occupation petitions requesting an employment start date in FY 2011. 2. ICE Announces New I-9 Compliance Inspection Center, Partnership With Tyson Foods; Audits Increase – Fifteen additional auditors will focus their efforts on major […]
US Citizenship and Immigration Services (USCIS) has revised its Handbook for Employers: Instructions for Completing Form I-9 (M-274). Revised as of January 5, 2011, the handbook includes expanded guidance on lawful permanent residents, refugees and asylees, and acceptable documents for employees in temporary protected status (TPS).The following is a summary of key changes in the […]
Headlines: 1. DREAM Act Fails in Senate – Prospects are dim for further developments in the near future, although Democrats vowed to push for the legislation and to include it in any comprehensive immigration reform bill. 2. USCIS Delays Deemed Export Attestation on New I-129 – The new edition of Form I-129, Petition for a […]
By Gary Endelman* and Cyrus D. Mehta** The Form I-9, Employment Eligibility Verification, that was established under the Immigration Reform and Control Act of 1986 (IRCA)1 is a deceptively simple form, but it involves a most complex process that an employer in the United States has to comply with when hiring any employee.2 ¤274A(a)(1) of […]
