Archive for August, 2009

America’s Shrinking Immigration Advantage

Monday, August 31st, 2009

Employers who rely on foreign nationals to provide needed expertise in their workforce – from technical programmers to biochemists to wind turbine engineers – should take notice of three troubling trends which are becoming clearer as the discussion about employment-based immigration reform gets drowned out by the ongoing debate about comprehensive immigration reform.

The first trend is captured in this blog post by Vivek Wadhwa, a professor at Duke University who has studied high-tech entrepreneurship extensively.  Current backlogs in the employment-based immigration categories trap foreign workers in the original job for which they were sponsored, meaning their companies cannot promote them to positions where their experience and skills can best be used.  Nor can the workers take the initiative to start their own companies – while a small company may be able to sponsor one of its owners as an H-1B, a green card is much less likely in that situation.  Wadhwa points out that eliminating the green card backlog (a major part of which consists of cases trapped by bureaucratic delays that should have been approved in past years’ quotas, which do not carry over from year to year) would free an enormous amount of human capital to innovate and create the next generation of companies that will drive economic growth in the US. (more…)

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USCIS Extends Validity of Form I-9

Friday, August 28th, 2009

United States Citizenship and Immigration Services (USCIS) has announced an extension of the validity of Form I-9, and has made a PDF-fillable version available on their web site.  The new edition contains no changes from the previous edition and USCIS stated they will continue to accept the February 2, 2009 edition in addition to the current edition, dated August 7, 2009.

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Federal Court Upholds E-Verify Mandate for Federal Contractors

Wednesday, August 26th, 2009

We have previously reported on a lawsuit by the US Chambers of Commerce and other groups that was decided today.  The lawsuit challenged  the amendments to the Federal Acquisition Regulations (FAR)  that require most companies with federal government contracts to enroll in the E-Verify system.  The FAR amendments were originally promulgated in November of 2008, and the Obama Administration has indicated it wants the amendments to take effect September 8, 2009.

The court was asked to rule on both sides’ motions for summary judgment – essentially, requests by both sides to end the lawsuit because the facts and law were clear.  The Chambers argued, essentially, that because Congress had made the E-Verify program voluntary, but the new Federal Acquisition Regulations made the program mandatory for federal contractors, the FAR amendments violated Congress’ express directive and were invalid.  The government’s argument, in essence, was that the FAR amendments did not make E-Verify mandatory – that a company could always choose not to seek federal contracts, in which case the company would not have to participate in E-Verify.

The court agreed with the government’s position, dismissing the Chambers’ lawsuit and clearing the way for the FAR amendments to go into effect on September 8, unless the Chambers appeal the court’s decision.

Congress may also get in the action, as the E-Verify program is still set to “sunset” as of September 30.  A provision extending the program (and providing explicit statutory authority for the FAR provision) was included in the Senate’s bill funding the Department of Homeland Security, but has not yet been enacted.

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