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August 28, 2008
IMMIGRATION LAW UPDATE:
New Requirements for Visa Waiver
Visitors
The visa waiver program allows visiting foreign nationals
from certain countries to enter the US for no more than 90 days for
pleasure or business meetings. Beginning on January 12, 2009, travelers who
plan to enter the US through the visa waiver program will be required to
obtain travel authorization through the Electronic System for Travel
Authorization (ESTA). Customs and Border Protection (CBP) has announced
that a preview of its ESTA system is now available to be viewed on the Department of Homeland Security website.
USCIS Proposes Changes to
Improve the H-2B Program
The H-2B program allows foreign nationals who
are sponsored by US employers to obtain a work visa to perform temporary
services or labor on a seasonal or peakload basis. U.S. Citizenship and Immigration Service (USCIS) has
again proposed rule changes that will streamline the procedure
for hiring workers under the H-2B program. The proposed rule includes
reducing the time an H-2B worker must wait outside the US after his status
has expired from six months to three months. USCIS has withdrawn its
previously proposed H-2B rule that was published on January 27, 2005.
H-2B Cap Reached For First Half
of Fiscal Year 2009
USCIS announced on July 30, 2008 that the cap
on the number of petitions for H-2B workers has been reached. July 29, 2008
was the last date petitions will be received for workers requesting
employment start dates prior to April 1, 2009.
Passport Card Valid For I-9
Verification
The wallet-sized
passport card is a less expensive alternative to a traditional passport for
United States citizens and may be used for land and sea travel between the
US and Mexico, Canada, the Caribbean, and Bermuda. It is not valid for
international travel by air. The Department of State and Homeland Security announced
that the new passport card is in full production and is being distributed
to applicants. The passport card may be presented by newly hired employees
during the Form I-9 employment eligibility process as a "List A"
document to prove both the identity of the employee and work authorization.
Proposed E-Verify Extension
E-Verify is an
electronic work authorization verification system administered by the
Department of Homeland Security (DHS). For more on E-Verify visit the DHS website. Legislation has been
introduced to extend the E-Verify program by five years. Under the
extension, E-Verify would remain a voluntary program. Without the
extension, the E-Verify program will expire in November 2008. This legislation was passed in the U.S. House of
Representatives on July 31, 2008. The bill now goes on to be
voted on in the Senate.
Fingerprinting Required for
Nonimmigrant Visas
The Department of State
has issued a final rule regarding fingerprinting for nonimmigrant
temporary visa applications. The rule updates prior regulations
and now requires the collection of ten fingerprints for each applicant
effective August 20, 2008. As the technology for collection of ten
fingerprints has been in place at all posts for some time, the rule should
not affect applicants and visa process times.
ICE Vows More Enforcement
The trial
"self-deportation" pilot program that gave unauthorized aliens in
certain cities 90 days to leave the country, has ended. The program, which
was in place for a short time, attracted only eight volunteers of the
estimated 457,000 unauthorized aliens who were eligible. Following the
failed enforcement effort, ICE has vowed to intensify its enforcement efforts.
US Immigration and Customs
Enforcement (ICE) Updates
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.
On August 25, 2008, ICE conducted the largest
single-workplace raid in US history detaining nearly 600 plant
workers. As is common in ICE raids, ICE reportedly locked the facility
down, sealed off escape routes and questioned employees prior to allowing
workers to leave the facility.
On August 20, 2008, ICE announced a supervisor at a
meatpacking plant in Cedar Rapids, Iowa has pled guilty to conspiring
to hire unauthorized immigrants and aiding and abetting their hiring. The
supervisor faces up to ten years in prison and a $500,000 fine.
On August 13, 2008, ICE
announced the arrest of 42 foreign nationals in a raid on Dulles
International Airport in Virginia. Most of the foreign nationals were
working on construction projects at the airport. The raid was part of ICE's
ongoing critical infrastructure protection (CIP) operation. CIP operations
focus on sensitive areas like airports, military bases and power plants.
On August 12, 2008, ICE
arrested 59 workers at a parachute plant in Asheville, North
Carolina charging them with administrative immigration violations. The
plant was operating as a Department of Defense (DOD) contractor
manufacturing parachutes for the US military. ICE considers this a CIP
operation.
On July 28, 2008, ICE
announced the arrest of thirteen unauthorized aliens who were
working at Waco Manufacturing in North Little Rock, Arkansas. The arrest
warrants were obtained by ICE agents who had identified document fraud and
misuse of Social Security cards by the defendants.
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