Archive for May, 2011

Supreme Court Upholds Arizona Law Mandating Use of E-Verify

Thursday, May 26th, 2011

The U.S. Supreme Court today issued an opinion upholding the “Legal Arizona Workers Act” which mandates private employers’ use of E-Verify and supplies state-law sanctions against those who knowingly or intentionally employ aliens without work authorization.

The decision has far-reaching effects outside of Arizona. By upholding the law, the Supreme Court has cleared the way for 50 different state laws regarding employment eligibility verification and the penalties for noncompliance. As such, employers need to be aware of the laws in their state when hiring new personnel. For further information regarding E-Verify, visit our Worksite Compliance web site. Contact your Klasko Law attorney if you have specific questions regarding employment eligibility verification for your company or organization.

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State Department Releases June Visa Bulletin; Significant Movement for China and India EB-2

Thursday, May 12th, 2011

The State Department has released its June 2011 Visa Bulletin. As was the case last month, we again see a significant advance on EB-2 priority dates for China and India.

Employment-
Based
All Chargeability Areas Except Those Listed CHINA-
mainland born
INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 15OCT06 15OCT06 C C
3rd 15SEP05 15MAY04 22APR02 22DEC04 15SEP05
Other Workers 08NOV03 22APR03 22APR02 08NOV03 08NOV03
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted Employment Areas/ Regional Centers and Pilot Programs
C C C C C

Whether this acceleration in priority dates will be sustained in the coming months remains to be seen. The State Department explains that there is an increased demand by applicants “upgrading” their category from EB-3 to EB-2, which could potentially stymie the advancement of EB-2 priority dates. Nonetheless, the impact of this increased EB-2 demand has so far been minimal. The State Department cautions that priority date cut-offs for upcoming months cannot be guaranteed and therefore no assumptions should be made. At this time, we make no changes to our prediction that decreased EB-1 applications and approval rates should advance Chinese and Indian EB-2 priority dates to late 2006, and perhaps to January 2007, by September of 2011.

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USCIS Announces Implementation of Secure Mail Initiative with the USPS

Tuesday, May 3rd, 2011

In a press release issued yesterday, May 2, 2011, USCIS announced it has fully implemented its Secure Mail Initiative (SMI). The SMI will utilize United States Postal Service Priority Mail, providing for relatively faster delivery as compared to first-class mail. According to USCIS, the SMI will allow customers the ability to track the delivery of documents such as Employment Authorization, Advance Parole, and Permanent Resident cards through USPS tracking numbers.

USCIS has instructed petitioners and beneficiaries who receive a Form I-797 Notice of Approval  to contact the National Customer Service Center at (800) 375-5283 to request tracking information. Customers are advised to have their I-797 Receipt Notice on hand at the time of calling as they will need to provide information from the Receipt Notice to customer service representatives. After receiving the tracking number, customers can log onto the USPS Track and Confirm web page to find up-to-date information regarding the delivery of their documents.

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