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Posts Tagged ‘Agency Updates’
Monday, August 30th, 2010
The Department of State (DOS) Visa Office announced that the Kentucky Consular Center (KCC) has started to verify information submitted in nonimmigrant petitions to U.S. Citizenship and Immigration Services (USCIS) through telephonic contact with employers.
In November 2007, the DOS required Consular posts to verify information contained in approved nonimmigrant visa petitions through the Petition Information Management Service (PIMS). PIMS is operated by the KCC. When a nonimmigrant petition is filed with USCIS, a duplicate copy of the petition is scanned into the PIMS system so that a U.S. Embassy or Consulate abroad can access petition information through PIMS and the Consular Consolidated Database (CCD) when the petition beneficiary applies for a visa stamp. The PIMS record is the primary proof that a nonimmigrant visa petition is approved. Additionally, the PIMS record may contain information from DOS’ Fraud Prevention Unit.
It has come to the attention of the DOS that the lack of information on the petitioner in the USCIS Computer Linked Information Management System (CLAIMS) system sometimes makes a CCD record incomplete. Therefore, the DOS will be conducting its own investigation of both petitioners and beneficiaries of nonimmigrant visa petitions. To verify petitioners, the KCC will review of the company website, company contact information, and use of Google earth to confirm that an office exists in an appropriate physical location. The DOS has stated that the KCC will not normally re-verify the petitioner information for two years.
To verify factual information about the beneficiary of the petition, the KCC will make random telephonic contact with the petitioning employer. The telephonic contact by KCC is unannounced and should be anticipated to occur shortly after the petition is transferred to the KCC from the U.S. Citizenship and Immigration Services. The DOS has designated 15 contractors to conduct the telephonic interviews. The contractors will contact the petitioning employer, and ask to speak with an authorized representative. They will ask a series of questions including, but not limited to the following:
1. Whether the petitioner, in fact, submitted the petition;
2. When was the petitioner incorporated;
3. Where is the physical location of the petitioner;
4. Number of employees;
5. Names of shareholders;
6. Location of Attorney of Record;
7. General information regarding the petitioner’s operations and business plan.
Klasko wants to remind employers of the following points for the KCC telephonic interviews:
1. Request the name of the KCC contractor and confirm the credentials of the contractor with the KCC [(606) 526-7500] prior to providing any information.
2. Contact your Klasko law attorney to advise us of the telephonic contact by the KCC contractor.
3. Do not speak with government agents or contractors without a witness present. Both the witness and the interviewee should prepare notes of what questions were asked and label them “Privileged and Confidential/Prepared at the Direction of Counsel,” and submit them to your Klasko law attorney for review and retention.
4. Retain complete copies of your I-129 petitions and supporting documents in a confidential file maintained by the designated company official for easy access during a contractor call.
5. Never guess at the answer to a question about the petition. If the employer is unsure about some requested information, the employer should indicate that he/she will follow up with the KCC contractor to provide accurate information after such information is obtained.
Employers are reminded that the investigations conducted by the KCC are separate and apart from the investigations conducted by the Fraud Detection and National Security Unit (FDNS) of the Department of Homeland Security (DHS). DHS will continue to conduct its own fraud investigations using the FDNS unit. FDNS conducts site visits of petitioning employers in an effort to combat fraudulent petitions. Employers are reminded to contact their Klasko law attorney if they receive a site visit from a Department of Homeland Security contractor.
Tags: Agency Updates, Government Investigations
Posted in Agency Updates, Temporary Visas | Click Here To Comment »
Friday, June 4th, 2010
Department of Homeland Security (DHS) Secretary Janet Napolitano announced in late May that the paper arrival/departure form (Form I-94W) for authorized travelers from nations participating in the Visa Waiver Program (VWP) would be eliminated. By doing so, DHS hopes to streamline secure travel for millions of visitors travelling to the U.S. annually. The new process will consolidate the collection of traveler information and enhance security by automatically providing DHS with important passenger information prior to the visitor’s departure.
Tags: Agency Updates, I-94W, Visa Waiver Program
Posted in Agency Updates | Click Here To Comment »
Thursday, February 18th, 2010
On February 9, 2010, the Department of State (DOS) issued a proposed rule to increase fees for certain consular services. DOS announced that it is adjusting the fees in light of an independent cost of service study, which found that the government is not fully covering its costs for providing consular services under the current fee structure.
There are two important fee changes listed in the proposed rule. First, the proposed rule establishes a tiered application processing fee for immigrant visas depending on the visa category, as determined by the cost of processing that particular category of visa. Second, the proposed rule increases the adult passport book application fee from $55 to $70.
1. Immigrant Visa Processing Fees
DOS is changing the fee for processing an immigrant visa from $355 for all immigrant visas, to a four-tiered fee based on estimates for each category of immigrant visa, as applications for certain categories of immigrant visas cost more to process than others. As a reminder, immigrant visa fees are collected by the DOS when applicants apply for an immigrant visa at a U.S. Embassy or Consulate abroad, rather than applying for a green card in the U.S.
The new tiered system will have the following cost changes:
· Family-based (immediate relative and preference) visas, which are processed on the basis of an I-130, I-600 or I-800 petition, will be $330.
· Employment-based visas, which are processed on the basis of an I-140 petition, will increase significantly to $720.
· Other immigrant visa applications, including for I-360 self- petitioners, special immigrant visa applicants and all others, will have a fee of $305.
· Winners of the Diversity Visa lottery who apply for immigrant visas will increase from $375 to $440 based on estimates for an FY 2010 workload projection of 81,000 applications.
· DOS also is increasing the immigrant visa security surcharge, which almost all applicants must pay, from $45 to $74 to cover increased security costs.
2. Fees for U.S. Passports
DOS is increasing the application fee for a passport book for an adult (age 17 and older) from $55 to $70. The application fee for a passport book for a minor (age 16 and younger) will remain at $40. DOS also is increasing the security surcharge from $20 to $40 as well, in order to cover the costs of increased border security which includes, but is not limited to, enhanced biometric features in the passport book itself.
Additional fee increases for passport services:
· Extra pages – In the past, DOS provided extra pages in a customer’s passport, to which foreign countries’ visas may then be affixed, at no charge. DOS now will charge $82 for this service.
· Passport Card – DOS has decided to raise the adult passport card application fee from $20 to just $30, and the minor passport card application fee from $10 to just $15.
· Documentation for Renunciation of Citizenship – The cost study found that documenting a U.S. citizen’s renunciation of citizenship is extremely costly, requiring American consular officers overseas to spend substantial amounts of time to accept, process, and adjudicate cases. A new fee of $450 will be established to help defray a small portion of the total cost to the government of documenting the renunciation of citizenship.
When will the fees increase?
DOS intends to implement this proposed rule, and initiate collection of the new fees, as soon as practicable following the expiration of the 30-day public comment period following publication in the Federal Register on February 9, 2010, and after the DOS has had the opportunity to fully consider any public comments received. Klasko will alert our clients who may potentially be impacted by the increased fees.
Tags: Agency Updates, Green Cards
Posted in Agency Updates, Green Cards | Click Here To Comment »
Monday, January 11th, 2010
On January 11, 2010, the Department of State (DOS) released the February 2010 Visa Bulletin. In February, there will be a three week movement forward in the employment based second category for Chinese nationals to May 22, 2005. Indian nationals will continue to have cut-off dates of January 22, 2005.
In the employment based third preference category for professionals and skilled workers, cut-off dates moved forward to September 22, 2002 for China and worldwide. India’s cut-off date will remain June 22, 2001. Mexico will also continue to have a cut-off date of July 1, 2002.
The EB-1 category for multinational managers and executives, individuals of extraordinary ability and outstanding professors will remain current. The EB-4 religious worker and EB-5 immigrant investor categories will also remain current.
Tags: Agency Updates, EB-2, EB-3, priority dates
Posted in Agency Updates | Click Here To Comment »
Monday, January 11th, 2010
USCIS recently released its required annual report on the characteristics of H-1B workers, based on documentation from fiscal year 2008 (the period between October 1, 2007 and September 30, 2008). While this information predates the severe downturn in the economy at the end of 2008, it does provide some interesting information about the H-1B visa and those who hold it.
For example, in 2008, the number of H-1B petitions was 5 percent lower than it was in 2007. Of those petitions, only 20% were for truly “new” H-1B employees – individuals outside the United States entering for new employers. The majority of petitions filed (60%) were for current H-1B workers getting extensions of status, with the remaining 20% going to individuals who were already in the United States in another status (mostly students at US universities) changing to H-1B.
One interesting statistic was that the majority (over 56%) of H-1B workers are in their 30’s, still short of their prime earning years. Only 1% is under age 24, and 14% are 40 or over. Another is that less than half have only a bachelor’s degree; the majority of H-1Bs have a Master’s, doctoral or professional degree.
While much has been written about the concentration of H-1Bs in the computer industry, it is interesting to note that the majority of employers of H-1Bs (56.5%) are outside the computer, electrical engineering and data networking fields. In fact, a list of the “top five” H-1B occupations other than computer professionals would look something like this: 1. C0llege and University Faculty and Staff; 2. Accountants and Auditors; 3. Physicians and Surgeons; 4. Mechanical Engineers; and 5. Biological Scientists.
Another myth challenged by the data is that H-1Bs are underpaid as compared to similar US workers. In fact, the report shows that the median salary of all H-1Bs was $60,000, which compares favorably to the $57,980 median wage reported for the same period for similar US workers (those with a Bachelor’s or higher degree; data from the Current Population Survey from the Bureau of Labor Statistics).
Oh, and one other helpful perspective when thinking about H-1Bs: in 2008, the number of initial H-1B petitions (new professional workers from overseas and from US schools) constituted just three-tenths of one percent of the workers in the United States with a bachelor’s or a higher degree.
Tags: Agency Updates, H-1B
Posted in News & Politics, Temporary Visas | Click Here To Comment »
Friday, November 20th, 2009
On November 19, 2009, Immigration and Customs Enforcement (ICE), the agency responsible for investigating immigration violations and enforcing immigration laws at the worksite, announced that it was issuing 1,000 new Notices of Inspections (NOIs) to employers across the country. In particular, ICE announced that it would target employers located at critical infrastructure sites which include airports, military bases, defense facilities and seaports. This announcement comes on the heels of a summer which saw the issuance of NOIs to 652 employers across the country. Secretary of ICE, John Morton stated, “ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces. We are increasing criminal and civil enforcement of immigration-related employment laws and imposing smart, tough employer sanctions to even the playing field for employers who play by the rules.”
Morton went on to explain that the businesses that were to receive the NOIs were selected for inspection as a result of investigative leads and intelligence, as well as their connection to public safety and national security. DHS did not release the names and locations of the businesses to be audited due to the ongoing, law enforcement nature of the investigations.
As Klasko Law reported earlier this year, ICE’s main priority in worksite enforcement actions is to target employers who knowingly hire unauthorized aliens in violation of federal law. An internal ICE memo released to the public through a freedom of information act earlier this year indicated that the agency views worksite enforcement investigations against employers as the best means of targeting and curbing the root causes of illegal immigration. As such, ICE has made the criminal prosecution of employers who knowingly hire undocumented workers their top priority. This includes the imposition of criminal charges against owners, corporate managers, supervisors and others in the management structure.
However, as ICE investigations to date have shown, employers who make inadvertent errors on their I-9 forms or in the verification process are held liable by the agency for civil penalties in the event of an audit. The current focus on investigations and prosecutions is a significant departure from the days of legacy INS when employers could expect a slap on the wrist in the form on minimal fines as just another cost of doing business. In this era of increased enforcement, employers must proactively preempt immigration related liabilities. Employers should conduct internal I-9 audits to identify issues and correct violations. Part and parcel of these reviews should be an evaluation of the employers’ current record keeping practices, to determine if new training programs are needed for HR personnel. Immigration counsel can be invaluable during these times in developing best practices including establishing protocols for the verification of the identity and work eligibility of new hires, advising employers on safeguards against discrimination in the I-9 process and advising on the use of E-Verify.
In addition, United States Citizenship and Immigration Services and ICE announced that they were launching a new I E-Verify campaign to recognize the 170,000 employers nationwide that have registered for E-Verify. E-Verify is an internet-based Employment Eligibility Verification System run by USCIS that allows employers to electronically verify the employment eligibility of certain employees. To use E-Verify, an employer enters employee information from the Form I-9 into the web-based system. E-Verify then runs that information against records in the Social Security Administration (SSA) and Department of Homeland Security (DHS) databases to confirm whether the employee is authorized to work in the United States.
For more information on worksite compliance, ICE enforcement actions, the E-Verify program and how these developments impact your business please visit our website www.worksite-compliance.com or consult with a Klasko Law attorney.
Tags: Agency Updates, E-Verify, Government Investigations, I-9 audits, ICE
Posted in Agency Updates, Hot Questions, News & Politics | 1 Comment »
Tuesday, November 3rd, 2009
We have previously commented on the reduced usage of H-1B numbers, due to the increased availability of US workers (so employers do not need to hire H-1B workers) and the general economic slowdown.
USCIS has updated its “cap count” for H-1Bs for the first time since the new fiscal year started on October 1, and the pace of filings has definitely accelerated. In mid-September, about 46,000 of the 65,000 available “regular” H-1B petitions had been approved, a number which had held relatively steady since early August.
As of October 25, however, USCIS announced it has approved approximately 53,000 of the 65,000 available “regular” H-1B petitions. Based on that usage, we expect H-1B numbers may become unavailable as of late December or early January (or possibly sooner, if there is a rush of cases filed this month).
The separate 20,000 quota for holders of US master’s degree is also nearly completely filled, so will not likely be available for much longer than the “regular” H-1B quota.
Tags: Agency Updates, Cap Count, H-1B
Posted in Agency Updates, Temporary Visas | Click Here To Comment »
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.
Tags: Agency Updates, I-9, I-9 Compliance, Worksite Enforcement
Posted in Agency Updates, Worksite Enforcement | 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 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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