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IMMIGRATION LAW UPDATE
New H-1Bs
Still Available
On June 11, 2010, USCIS announced that it
received approximately 22,200 H-1B petitions toward the 65,000
available per fiscal year, under the general H-1B cap. In
addition, USCIS received 9,400 petitions toward the 20,000 available
per fiscal year under the US Master's Cap. USCIS continues to
accept petitions toward the general cap and the US Master's
cap. The H-1B is a frequently utilized temporary work visa for
professional positions. For more information on the H-1B visa, see the Clark Hill website.
DHS Announces Elimination of I-94 for Visitors Arriving
Under Visa Waiver
On May 20,
2010, the Department of Homeland Security (DHS) announced the
elimination of the paper arrival/departure form (Form I-94W) for
authorized travelers from nations participating in the Visa Waiver
Program. 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. The information
previously collected in the Form I-94W will be provided by passengers
prior to travel via the Electronic System for Travel Authorization
(ESTA), which can be found on the Department of Homeland Security website.
By the end of summer 2010, paper I-94W forms will be eliminated for
visa waiver travelers with an approved ESTA arriving in the United
States at all airports.
Visitors to Mexico From the US No Longer Require Visas
As of May 10,
2010, individuals who wish to enter Mexico for the purposes of
tourism, transit, and non-lucrative business trips no longer require
a visa prior to entering, regardless of the individual's
nationality. The individual must have a valid passport, be
departing from any city or port within the US, be either a US
citizen, permanent resident (green card holder), or hold a valid US
visa, and be visiting for less than 180 days.
DOL Unveils Employer Compliance Tool
On May 13,
2010, the Department of Labor unveiled a new "Online
Advisor" tool to help employers and others understand how to
comply with requirements under the H-1B visa program. The tool
can be found on the Department of Labor's website at http://www.dol.gov/elaws/h1b.htm.
For more information on the H-1B visa, see Clark Hill's website.
Failure to Complete I-9 Within 3 Days of Hire is a
Substantive Violation
The US
Department of Justice's Executive Office for Immigration Review,
Office of the Chief Administrative Hearing Officer (OCAHO) decided on
March 18, 2010 that the failure to properly complete section 2 of the
Form I-9 Employment Verification within three days of hire was a
substantive violation, and not a procedural or technical
violation. Findings of substantive violations can subject
employers to higher fines and penalties.
Redesign of E-Verify
As of June 13,
2010, the newly redesigned E-Verify Web Interface is in place.
The redesigned E-Verify is intended to enhance E-Verify's usability,
security, accuracy and efficiency. The existing user ID and password
of registered E-Verify users remain the same as do all existing
cases. However, the first time users log into E-Verify after
June 13, 2010, users will be required to take a tutorial about the
changes. E-Verify is an electronic work authorization verification
system administered by the Department of Homeland Security (DHS).
USCIS and DOS Propose Fee
Increases
On June 11,
2010, DHS proposed an increase certain immigration and naturalization
benefit fees charged by U.S. Citizenship and Immigration Services
(USCIS), following a study that found that current fees did not cover
the services provided. DHS proposes to increase USCIS fees by a
weighted average of 10 percent.
On May 20,
2010, the Department of State proposed an increase for nonimmigrant
visa and border crossing card application processing fees from $131
to $140. The rule also provides new tiers of the application
fee for certain categories of petition-based nonimmigrant visas and
treaty trader and investor visas.
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.
Maryland
Restaurateur Pleads Guilty to Harboring
On June 17, 2010, ICE announced that the
owner of a Maryland restaurant had pled guilty to harboring at least
24 unauthorized alien employees for private financial gain and
commercial advantage.
ICE Plans to
Increase Employer Enforcement
On June 16, 2010, the Texas Tribune reported
that it had obtained a copy of ICE's strategic plan for fiscal years
2010 - 2014. The plan is reported to include "aggressive
criminal and civil enforcement against those employers who knowingly
violate the law," and to emphasize enforcement against employers
who exploit workers.
Florida
Sub-Contractor Charged
On June 10, 2010, ICE announced that three
Miami - Dade contractors have been charged with conspiring to induce
undocumented aliens to enter and remain in the United States by
providing them with employment at a Miami-Dade school construction
project.
Visa Priority Dates - July Visa Bulletin
The July Visa Bulletin has been posted.
Visas for employment based third preference cases are available for
some applicants. There continues to be rapid forward movement
for most family based applicants. For a summary of priority
dates, retrogression, and how these dates impact US green card
processing, please visit the Clark Hill website.
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