The Business Immigration Monthly is Hammond Law Group’s news eZine, 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. News items will be of particular interest to those in the Healthcare, IT and staffing industries.
Featured Article
To Extend or Not to Extend?
Are NIV Extensions Necessary With Pending AOS Applications?
Written by Amy Dalal, Attorney
http://www.hammondlawfirm.com/monthly/featured-article-july-2009.pdf
August Visa Bulletin
The Department of State has released the August Visa Bulletin. There has
been some movement forward in both EB2 India and EB2 China to October 1,
2003. Hopefully, this trend will continue. EB3 still remains unavailable
across the board and shall remain unavailable the remainder of the
fiscal year.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4539.html
H-1B Cap Not Reached Yet!!!
As of July 10th, USCIS announced that it has received 44,900 H-1B petitions counting toward the Congressionally-mandated 65,000 cap; only 400 more petitions were received from last count. USCIS continues to accept regular cap-subject H-1B cases. The Masters cap has received the full subscription of 20,000 petitions. USCIS continues to accept Masters cases since their experience is that not all accepted cases will be approvable.
http://www.uscis.gov/
H-1B Petitions Withdrawn/Rejected Outnumber Number of New Petitions
In a recent article by Patrick Thibodeau entitled “H-1B demand may be retreating as feds increase scrutiny,” Thibodeau comments on the decreasing number of H-1B visa petitions being filed. He states, “The drop may be little more than a short-term phenomenon, but it is inviting theories as to its cause, ranging from increased U.S. scrutiny of the H-1B petitions to the general economy.” The result is that number denials and withdrawal of petitions have begun to outweigh the number of new filings made under this year’s H-1B cap, which to this day remains open. One of the primary reasons in the decline is that USCIS has begun to ask for a wide range of documents to be filed including letters from end-clients, which for some clients (particularly IT consulting companies) have been impossible to obtain. In the article, Robert Deasy, director of liaison and information for AILA is quoted as saying that although he believes the decline is economy driven, he does not rule out the USCIS’ role in visa decline “through its aggressive actions and ‘extraordinarily rigorous’ demands for documentation.”
For full article see:
http://news.idg.no/cw/art.cfm?id=A24BF949-1A64-67EA-E43F8C204F1B9260
ICE Announced Nationwide Audit of Business Immigration Records
Immigration and Customs Enforcement ("ICE") announced on July 7th that the office will send audit letters to 652 businesses throughout the U.S. to determine whether they are complying with employment verification laws and regulations.
As stated on the ICE News Release, "Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual’s identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual. The 652 businesses being presented with a [Notice of Intent] today for a Form I-9 audit have been selected for inspection as a result of leads and information obtained through other investigative means. Due to the ongoing, law enforcement sensitive nature of these audits, the names and locations of the businesses will not be released at this time." (http://www.ice.gov/pi/nr/0907/090701washington.htm)
For more information on the I-9 Audits, please visit the ICE website at www.ice.gov or contact the Hammond Law Group.
Donut Maker Fined After I-9 Violations
As evidence of ICE’s new comprehensive strategy to reduce the demand for illegal employment and protect employment opportunities for the nation’s lawful workforce, ICE has announced that a $40,000 fine settlement reached with the Krispy Kreme Doughnut Corporation for I-9 violations and for violations of the Immigration and Nationality Act. ICE conducted an I-9 inspection of Krispy Kreme after receiving information from the Ohio Butler County Sheriff’s Office which revealed the company had employed dozens of illegal aliens at one of their doughnut factories in Cincinnati.
Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual’s identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual.”Employers have a responsibility to hire men and women who are authorized to work in the United States and fines are an important component of ensuring their compliance,” said Brian Moskowitz, special agent in charge of the ICE Office of Investigations in Michigan and Ohio. “ICE will use the legal tools at its disposal to address those who neglect or falter in their corporate responsibilities.”
http://www.ice.gov/pi/nr/0907/090707cincinnati.htm
USCIS Issued Guidance on Form I-9
The USCIS has announced that it will continue the validity of the Employment Eligibility Verification Form I-9 found on the website past June 30, 2009.
http://www.uscis.gov/
DHS Strengthens Employment Verification by Announcing Support for use of E-Verify for Federal Contract Workers
DHS Secretary Janet Napolitano announced that the Administration would support a regulation that will award federal contracts only to employers who use the eVerify program to check the work authorization of its employees. This announcement came after Secretary Napolitano announced DHS’s intention to rescind the Social Security No-Match Rule (which had yet to be implemented, having been blocked by court order) in favor of the eVerify system. “E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce,” comments Secretary Napolitano. “Requiring those who seek federal contracts to use this system will create a more reliable and legal workforce. The rule complements our Department’s continued efforts to strengthen immigration law enforcement and protect critical employment opportunities. As Senator Schumer and others have recognized, we need to continue to work to improve E-Verify, and we will.” The rule applies to federal contractors and subcontracts, including those who receive TARP funds. After careful review the Administration will fully implement the rule starting on September 8, 2009.
For full press release see:
http://www.dhs.gov/ynews/releases/pr_1247063976814.shtm
USCIS to Discontinue Issuance of I-551 Stamps
The USCIS has rescinded guidance issued in mid-may authorizing USCIS local offices to issue temporary I-551 ADIT stamps, which act in the place of permanent residence cards until they are issued. ADIT stamps will be issued on a case-by-case basis if there seems to be demonstrated need for such issuance.
www.uscis.gov
PT/OT Cases to be Re-Opened by USCIS
The USCIS announced on Friday July 17th, that it will re-open cases for PT’s and OT’s that were denied solely on the issue of a Master’s degree. The petitions will be re-opened by USCIS (by Service Motion) and will not require the petition to file a Motion to Re-open or Appeal with the normal USCIS filing fee. During the last month the USCIS had vascillated on whether it would require petitioners to pay the filing fee and file a formal motion to re-open or appeal. The USCIS will re-open the case if the petitioner or attorney emails the USCIS before August 14, 2009. The petitions will be decided based upon the “Velarde memo” issued by the USCIS on May 20, 2009 which provided clarification on the standards for H-1b’s in healthcare specialty occupations.
http://www.uscis.gov/
HLG's Sherry Neal to Publish Healthcare Article
AILA is publishing an article by Sherry Neal in its upcoming book, Nurses and Allied Healthcare Workers. The book is expected to be released later this year and sold through www.aila.org.
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