| | The Business Immigration Monthly is Hammond Law Group’s latest web-based newsletter, directed at international workers and employers seeking the most up-to-date news on U.S. immigration issues, specifically those that impact workers on H, L, E, and O visas and workers seeking permanent residency.
March Visa Bulletin
The
Department of State has released the March Visa Bulletin.
Unfortunately, there has been only minimal movement in some of the
categories- EB2 China and India moved about a month to February 15,
2005 and February 15, 2004 respectively; and EB3 China moved 21 days
to October 22, 2002.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4427.html
AILA Sets
the
Record Straight on H-1B's
The
American Immigration Lawyers Association has released an article
entitled “Maintaining America’s Global Competitiveness in a Time of
World Economic Crisis,” commenting on the importance of the H-1B
program in light of these dismal economic times. The author writes,
“[t]he H-1B program is a long-standing part of our nation’s business
immigration system. It was developed to give U.S. employers access
to highly skilled, professional foreign talent (often students who
have been educated here in U.S. universities) for up to six years
and as a means for U.S. companies to stay ahead in their respective
global markets.” .With a self-adjusting program like the H-1B
program, there are in place protections in the law to prevent the
replacement of US workers. As the author highlights, without the
H-1B program, companies will look to relocated overseas where there
is a pool of highly skilled workers readily available. For full
article see:
http://www.aila.org/content/default.aspx?docid=27875
Authorities Issue Indictment to IT Consulting Companies Claiming Visa
Fraud
On
Thursday, February 12p>th, Federal agents arrested 11 people in
six states in a crackdown on H-1B visa fraud known as Operation Pacific
Vision. The company getting most of the federal authorities’ attention
was Vision Systems Group, Inc., an IT consulting company holding
principal places of business in Somerset and South Plainfield, NJ and an
office in Coon Rapids, Iowa. The federal authorities issued a 10-count
indictment against Vision Systems claiming visa fraud, mail fraud, wire
fraud, and conspiracy. Of immigration consequence, the indictment claims
that Vision Systems submitted a Labor Condition Application that
detailed a prevailing wage amount for a location in Iowa “rather than
the prevailing wage where the worker would actually be employed.” The
mail and wire fraud charges stem from the government’s charge that false
statements were submitted in support of visa application.
For
more information see:
http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyName=Outsourcing&articleId=9127943&taxonomyId=72&pageNumber=2
Senate Votes in Favor of Strict Restrictions on H-1B Filings
The US
Senate has voted in favor of imposing strict restrictions on the hiring
of H-1B workers by American companies receiving federal bailout money.
This amendment to the pending Stimulus Bill was co-sponsored by
Republican Senator from Iowa, Chuck Grassley, and independent Senator
from Vermont, Bernie Sanders. The amendment requires that a company
receiving bailout money under the TARP fund and applying for workers
under the H-1B process must operate as an "H-1B dependent company,” i.e.
the company must comply with the H-1B dependent employer rules which
include attesting to actively
recruiting
American workers; not displacing American workers with H-1B visa
holders; and not replacing laid off American workers with foreign
workers. Hiring American workers for limited available jobs
should be a top priority for businesses taking taxpayer money through
the TARP bailout program," Grassley comments, “With the unemployment
rate at 7.6%, there is no need for companies to hire foreign guest
workers through the H1-B program when there are plenty of qualified
Americans looking for jobs.” “The program should be used in the way it
was intended - as a temporary measure to supplement a company's need for
hi-tech or specialized workers when none are available in the US,” he
said.
http://timesofindia.indiatimes.com/US_imposes_strict_conditions_on_H-1B_hiring/articleshow/4091875.cms
***Latest update: This past weekend, Congress passed the Stimulus Bill,
which unfortunately, includes the Sanders H-1B amendment which saddles
TARP fund recipients with strict regulations for hiring foreign workers
under the H-1B program that are so cumbersome as to amount to an
out-and-out prohibition. President Obama is expected to sign the Bill
into law on Tuesday, February 17th.
Government Delays Implementation of Two Rules: I-9 Rule
and E-Verify
Rule for Federal Contractors
The
government has announced the delay of two rules which were planned to
take effect this month: 1. the new rules for the I-9 Employment
Verification form; and 2. the Acquisition Regulation (FAR) which would
make mandatory the use of E-verify for federal contractors. The new I-9
rules will not go into effect until April 3, 2009. This new rule would
make several changes including narrowing of the list of acceptable
documents to be used for identity, and prohibition against accepting
expired documents as a form of identification. As for the FAR
Regulation, this was originally scheduled to take effect on January 15,
2009, and then delayed until February 20, 2009. The recent agreement
postpones the rule until May 21, 2009. Until then the government cannot
require federal contractors to use the E-verify system. These delays are
aimed at providing the new Administration an opportunity to review and
revise these rules. For more information see:
http://www.hammondlawfirm.com/alerts/2.2.09_govt_delay_I9_Everify.htm
Obama's Labor Secretary Ramps up Enforcement
President
Obama’s pick for Secretary of Labor, Representative Hilda Solis,
promises to strengthen enforcement of health and safety laws and wage
and hour standards. The Senate will decide on whether to appoint
Representative Solis this month. Solis has a track record of endorsing
workplace rights for all employees, regardless of immigration status,
and has suggested that not doing so would weaken the protections for US
and immigrant workers alike.
Like Solis, Obama has said he supports cracking down
on employers who exploit immigrants and condemns federal immigration
raids as divisive and ineffective. Once voted in, it will be up to Solis
to craft an enforcement strategy that furthers the goals of the Obama
administration, while strengthening and enforcing the adherence of the
immigration and labor laws by employers.
For full article see: San Francisco Chronicle here:
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/02/03/MNEK15JSM9.DTL
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