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Archive for July, 2009
Thursday, July 30th, 2009
The climate for EB-5 legislative change appears to be favorable for a number of reasons. In the Senate, the Chair of the Judiciary Committee, which will consider immigration legislation, is Senator Leahy of Vermont. Vermont is one of the major beneficiaries and supporters of the regional center EB-5 program, and Senator Leahy is a huge fan. In fact, he recently held hearings with testimony from three advocates of favorable EB-5 legislation. In the House, indications are that Representative Loughren of California, the Chair of the Immigration Subcommittee, is also favorably disposed to an expansion of the EB-5 program. Representative Polis of Colorado has been designated to put together an EB-5 legislative package.
Among the more likely topics for possible inclusion in EB-5 legislation are the following:
1. Permanent extension of the regional center program. In fact, this is already included in the Senate’s DHS Appropriations Bill.
2. Pre-approval of regional center projects.
3. Premium processing and possibly concurrent filing of EB-5 petitions and adjustment of status applications.
4. Clarification of the issues to be adjudicated in the condition removal process.
5. Changes to the definitions and designation procedures for targeted employment areas.
With the possible exception of the permanent extension of the regional center program, it is likely that other changes will have to await comprehensive immigration reform.
Tags: EB-5, legislative updates
Posted in EB-5 Investor Visas | Click Here To Comment »
Thursday, July 16th, 2009
Secretary of the Department of Homeland Security (DHS) Janet Napolitano announced on July 8, 2009 the Agency’s plans regarding two controversial regulations dealing with worksite enforcement.
DHS announced that they would withdraw the Social Security No-match regulation which has been enjoined from taking effect and the subject of federal court litigation. Controversial since its passage, the Social Security No-Match rule established procedures that employers could follow if they received No-Match letters from the Social Security Administration or DHS. No-Match letters inform an employer that an employee’s name and Social Security Number provided for a W-2 earnings report do not match SSA records. However, DHS acknowledged in their court filings that the letters are not indicative of unauthorized employment as they are often the result of typographical errors or unreported name changes.
The regulation was promulgated as part of the previous Administration’s effort stop the employment of unauthorized aliens. Since October of 2007, the rule has been enjoined from taking effect. DHS was ordered by the Federal Court to submit a brief by July 10, 2009 explaining the Obama Administration’s view on the regulation. In the press release, Secretary Napolitano stated that DHS will imminently be proposing a new regulation rescinding the 2007 No-Match Rule.
DHS also announced that it will implement the amendment to the Federal Acquisition Regulation (FAR) which, with a few exceptions, requires federal contractors to verify the employment authorization of new employees as well as existing employees working on federal contracts. The FAR requirements apply to the verification of work eligibility on federal contracts that are for a period longer than 120 days and with a value of over $100,000. FAR also includes service or construction subcontracts of a covered contract, valued at over $3,000. Contracts for commercially available off the shelf items, as well as federal contracts for food and agricultural products shipped as bulk cargo would not be subject to this requirement. Secretary Napolitano indicated that she expects FAR to go into effect on September 8, 2009.
“E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce,” said 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.”
Also on July 8, 2009 the U.S. Senate approved an amendment to the Homeland Security appropriations bill, introduced by Senator Jeff Sessions (R-AL) that would extend the E-Verify program until September 30, 2012. In addition, the Sessions amendment would mandate the requirement that federal contractors use E-Verify without the exceptions noted above.
Tags: Agency Updates, E-Verify, I-9 Compliance, No-Match Rule, Worksite Enforcement
Posted in Agency Updates | Click Here To Comment »
Wednesday, July 8th, 2009
U.S. Immigration and Customs Enforcement (ICE), the enforcement arm of the Department of Homeland Security responsible for investigating immigration violations and enforcing immigration laws at the worksite, announced a nationwide initiative to audit employers’ Form I-9 employment eligibility verification records on July 1, 2009. The announcement was followed by the issuance of Notices of Inspection to 652 employers across the country. This was a strong statement by ICE of their intentions to pursue worksite enforcement actions. In comparison, only 503 Notices of Inspection were issued in all of fiscal year 2008.
The ICE announcement is in line with the recent Department of Homeland Security (DHS) announcement that the Obama Administration is interested in focusing its resources on the criminal prosecution of employers who knowingly hire illegal workers. In conjunction with the notice the DHS Assistant Secretary for ICE John Morton stated “ICE is committed to establishing a meaningful I-9 inspection program to promote compliance with the law. This nationwide effort is a first step in ICE’s long-term strategy to address and deter illegal employment.”
Under the new worksite enforcement policy, ICE began notifying businesses that it planned to inspect their hiring records to see whether employees have proper employee documentation.
ICE has indicated that many of the companies were located in New York and California. On Wednesday, American Apparel Inc., a Los Angeles clothing retailer, confirmed that ICE gave notice that 1,600 of its 5,600 factory employees might be working illegally. It couldn’t verify the status of 200 others. In Arizona alone, federal immigration-enforcement agents notified 32 Arizona companies on Wednesday that their employment records are being audited.
In this era of worksite enforcement, it is critical for employers to recognize and pre-empt immigration related liabilities due to non-compliance with federal immigration regulations. Experienced immigration counsel is invaluable to companies during this time, as they can assist with internal I-9 internal audits and providing Human Resources’ personnel with ongoing training and tools for compliance. Such actions can limit exposure and liability and establish record-keeping procedures that will establish compliance in case of an audit by ICE.
Tags: Government Investigations, Hot Topics, I-9 Compliance, Worksite Enforcement
Posted in Agency Updates | 1 Comment »
Friday, July 3rd, 2009
This Fourth of July, I’d like to send a special greeting and thanks to two of American’s newest citizens. The week before the Fourth is normally a busy week for naturalization ceremonies, and many new citizens are welcomed – USCIS reports that it scheduled ceremonies in 50 states and in overseas locations where 6000 new citizens were sworn in.
Two of my clients were naturalized this week in ceremonies on opposite coasts. The first, a pharmaceutical researcher who received a green card based on his research, became a citizen after five years as a green card holder that have seen him rise to become chief scientific officer at a biotech company. The other is a recently-enlisted sailor in the US Navy whose long-pending naturalization could finally be resolved.
These clients and their service to our country remind me, and should remind all of us, that the United States was founded on the ideal that all people are welcome if they share our values and are willing to come together, working for a better country, without regard to divisions of religion, language or natonality. Many people do not realize that, prominent among the causes for the reasons for separation from King George that the Continental Congress listed in the Declaration of Independence, was:
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
From the very founding of these United States, welcoming new immigrants and allowing them to become citizens though naturalization has been one of our greatest strengths. These immigrants become Americans by choice – choosing to join in the project of improving our country and handing a better life to all of our children.
So to these two, and all our new citizens, I say, “Thank you, my fellow Americans.”
Tags: client successes, naturalization
Posted in Success Stories | Click Here To Comment »
Wednesday, July 1st, 2009
U.S. Citizenship and Immigration Services (USCIS) recently announced that the current version of the I-9 Employment Eligibility Verification Form February 2, 2009 will remain valid beyond the June 30, 2009 expiration date listed on the form.
USCIS has requested that the Office of Management and Budget approve the continued use of the current Form I-9. While this request is pending, the Form I-9 will not expire.
The Service will update the I-9 when the extension is approved. In the interim, employers will be able to use either the Form I-9 with the new revision date or the Form I-9 with the February 2, 2009 revision date at the bottom of the form.
Tags: Agency Updates, I-9, Immigration Compliance, Worksite Enforcement
Posted in Agency Updates | Click Here To Comment »
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