January 2012 Immigration Update
Headlines: ETA Announces 2012 Adverse Effect Wage Rates for H-2A Workers -The AEWRs range from a low of $9.30 per hour in Mississippi and Louisiana to aК high of $12.26 per hour in Hawaii. USCIS Changes Stand-Alone I-130 Filing Locations – USCIS announced that effective January 1, 2012, it has changed the filing locations for Form I-130. […]
December 2011 Immigration Update
Headlines: 1. H-1B Cap Reached for FY 2012 – Petitions for new employment of an H-1B will not be accepted again until April 1, 2012. 2. House Votes To End Per-Country Limits on Employment-Based Immigration Visas – The measure could benefit skilled Indian and Chinese workers and high-tech companies in the United States. 3. Labor Dept. Current […]
H-1B NUMBERS DWINDLING FAST, FILE NOW
U.S. Citizenship and Immigration Services (USCIS) announced on November 14, 2011, that it has accepted (approved or pending) 56,300 H-1B petitions subject to the 65,000 numerical limitation (cap) for fiscal year (FY) 2012. Up to 6,800 visas are set aside from the 65,000 cap during each fiscal year for the H-1B1 program under the terms […]
November 2011 Immigration Update
Headlines: 1. H-1B Numbers Dwindling for FY 2012, File Now! – Once the numbers under the cap are gone, the next opportunity to file will be April 1, 2012, for work to begin in FY 2013. 2. EB-2 India, China EB-2 Visa Numbers Jump; Other Visa News – The November employment-based second preference cut-off date for applicants […]
October 2011 Immigration Update
Headlines: 1. House Judiciary Committee Approves E-Verify Legislation – A date for consideration on the House floor has not yet been set. 2. State Dept. Estimates Employment-Based Visa Availability – The October Visa Bulletin includes estimated visa availability over the coming months. 3. House Holds Hearing on Immigrant Investor Program and Job Creation – The regional center […]
September 2011 Immigration Update
Headlines 1. DOL Suspends Prevailing Wage Determinations – Processing of prevailing wage determinations (PWDs), redeterminations, and Center Director Reviews have been suspended temporarily; prevailing wage requests filed since early June 2011 are still pending. 2. DHS Publishes Regulation To Facilitate Electronic Filing – The Department of Homeland Security (DHS) has published the first in a series […]
August 2011 Immigration Update
Headlines 1. Company Held Liable for Back Wages of H-1B Employee Who Never Worked – The failure to prove every element of a bona fide termination left an employer who petitioned for an H-1B worker’s admission liable for the entire period of authorized employment. 2. Labor Dept. Weighs In on Staggered Dates of Need – Can […]
July 2011 Immigration Update
Headlines: ICE To Audit 1,000 Employers Nationwide for I-9 Violations – The new actions bring the FY 2011 I-9 audit total to 2,338, surpassing the FY 2010 record. USCIS Summarizes Stakeholder Engagement on L-1B Interpretation of ‘Specialized Knowledge’ – USCIS released an executive summary on the L-1B nonimmigrant classification with respect to interpretation of the term “specialized […]
IMMIGRATION NEWS AROUND THE STATES: ALABAMA, ARIZONA, MASSACHUSETTS
A variety of harsh enforcement measures have gained ground in several states:Alabama. Alabama’s Governor Robert Bentley signed a new bill, HB 56 (“Beason-Hammon Alabama Taxpayer and Citizen Protection Act”), which requires employers doing business with Alabama to use E-Verify, beginning in 2012, and ties it to state economic incentives. The employer’s business license may be […]
June 2011 Immigration Update
Headlines: Supreme Court Upholds Arizona’s Employer Sanctions Law – The Legal Arizona Workers Act requires all Arizona employers to use E-Verify and revokes or suspends the business of employers licenses who knowingly hire unauthorized aliens. USCIS Announces Cap Count – USCIS announced the cap count as of May 20, 2011. USCIS Proposes EB-5 Changes; Accepting Comments Until […]
May 2011 Immigration Update
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 […]
DOS REPORTS ON EMPLOYMENT-BASED VISA DEMAND; FIRST PREFERENCE EXTREMELY LOW
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 […]
April 2011 Immigration Update
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 […]
March 2011 Immigration Update
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 […]
Can Some Returning Nonimmigrants Challenge an Expedited Removal Order in Court? How Recent Case Law May Provide a Window of Opportunity
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 […]
ADVISORY ON EXPORT CONTROL ATTESTATION ON FORM I-129
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 […]
February 2011 Immigration Update
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 […]
USCIS REVISES I-9 MANUAL FOR EMPLOYERS
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 […]
January 2011 Immigration Update
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 […]
KEEPING TRACK: SELECT ISSUES IN EMPLOYER SANCTIONS AND IMMIGRATION COMPLIANCE
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 […]
