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November
28, 2011
2012 H-1B Cap Has Been Reached=
On November 23, 2011, the US Citizenship and Immigra=
tion
Services (USCIS) announced that as of
November 22, 2011 the agency has received more than enough
applications for new H-1B visas for t=
he
2012 fiscal year. This includes the normal 65,000 quota (also cal=
led
a "cap") and the additional 20,000 quota for persons who
have an advanced degree (more than a bachelor degree) from a US
university. The H-1B is a temporary w=
ork
status used by US employers for hiring foreign nationals to perfo=
rm
jobs which require a bachelor degree or higher (professionals), a=
nd
the employer must prove it will pay the employee the same or more
than a similar worker for a comparable job in the geographic
location. The government's fiscal year runs from October 1st until
September 30th. H-1B applications can=
be
filed up to 6 months before October 1st. For more on H-1B visas, see the Clark Hill website.
Persons who have been issued an H-1B
under a previous cap, for work with a private employer, and have =
not
used all of their time on an H-1B
(generally limited to 6 years), and persons who work for or in
furtherance of a US university or research organization, are exem=
pt
from the H-1B cap. Persons who wish to
apply for an H-1B visa under the fisc=
al
year 2013 cap may apply beginning April 1, 2012 for a start date =
in
H-1B status of October 1, 2012. =
ICE Appears to Issue
Another Round of I-9 Audits
Clark Hill has learned that US Immigration and
Customs Enforcement (ICE) has issued a new round of I-9
employment verification form audits around November 7, 2011. The
audits are believed to total in the range of 500 companies and to=
be
prompted by tips given to ICE. For more information on the I-9
employment verification form see the US Citizenship and
Immigration (USCIS) website.
US Immigration and =
Customs
Enforcement (ICE) Updates<=
/span>
Below are summaries of recent efforts by the US
Immigration and Customs Enforcement (ICE) as they enforce laws
related to employment of persons not authorized to work in the US.
While there were many actions that took place recently, below are=
a
few of the highlights.
Michigan Dairy Farm Owners
Sentenced and Company Fined $2.5 Million
On November 8, 20=
11, ICE
announced that the owners of Aquila Farms, LLC, were
sentenced to three years of probation and ordered to pay fines
totaling $234,000 for hiring illegal aliens. The convictions foll=
owed
an ICE investigation into the farm. The company also pled guilty =
to
harboring illegal aliens and was sentenced to probation for five
years, ordered to pay a fine of $500,000 and required to make
payments totaling $2,000,000 in lieu of forfeiture. Records from =
the
case revealed that the farm had employed 78 unauthorized workers =
from
2000 to 2007 and had failed to conduct the necessary inquiries in=
to
the legality of their workforce during that time period.
Head of Arizona Drywall Company
Pleads Guilty
On October 31, 20=
11, ICE
announced that the president of an Arizona drywall com=
pany
had pled guilty to conspiring to harbor illegal aliens for profit=
and
employing illegal aliens. As part of the plea agreement, the
president agreed to pay $225,000 in restitution to the Department=
of
Labor for overtime back wages owed, and an administrative forfeit=
ure
of $225,000 to ICE. The company, through the president, also pled
guilty to unlawful employment of aliens. Under the terms of the p=
lea
agreement, the company cannot knowingly hire, recruit or employ
unauthorized aliens, and the company is required to maintain I-9
employment verification forms for each of its workers. The company
further agreed to waive a three-day notification requirement with
regard to inspection of its hiring records. Conspiracy to harbor
illegal aliens carries a maximum penalty of 10 years in prison an=
d a
$250,000 fine. Knowingly hiring illegal aliens is punishable by u=
p to
six months in prison and a fine of $3,000 for each unauthorized
worker.
Visa Priority Dates=
-
December Visa Bulletin<=
/span>
The December Visa
Bulletin has been posted. Visas for employment based
second and third preference cases have moved forward, including t=
hose
born in India and China. For a summary of priority dates,
retrogression, and how these dates impact US green card processin=
g,
please visit the Clark H=
ill
website.
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