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April 1, 2011
Clark Hill to
Host Employment Seminar
On Tuesday,
May 3, 2011, Clark Hill will be hosting the 27th Annual Employment
Law Conference in Livonia, Michigan. This is a day filled with
current and relevant seminar topics, including an I-9 Employment
Verification update for Human Resources professionals, in-house
counsel, and business owners. For more information and
registration details, please visit Clark Hill's website or click here to download a
copy of the brochure.
H-1B Filing Season Is About to Begin
Employers are reminded to identify new candidates who
will require H-1B sponsorship as soon as possible, to ensure that
these applications are accepted for processing. April 1, 2011
is the first date that an employer is able to file an H-1B petition
on behalf of a foreign national who has not possessed H-1B status
before. Employees with approved H-1B petitions will be able to
begin work in that status on October 1, 2011.
The H-1B is a frequently used temporary work visa for
professional positions. More information on the H-1B visa can
be found on the Clark Hill website. Generally,
there are only 65,000 H-1Bs available per year. Although the
annual limit in 2010 was not reached until January 2010, the annual
limit was reached in prior years on April 1st. If USCIS receives more than enough petitions in the
first five days of processing, there will be computer generated
random selection process to choose which H-1B petitions will be
accepted for processing.
There are an additional 20,000 H-1Bs available for
candidates with a Master's Degree or higher from a US university.
Foreign nationals who work for a qualifying research organization, an
institution of higher education, or work furthering the purposes of
either of these, are exempt from the H-1B quota.
E-Verify Self-Check Introduced
USCIS has
introduced a web-based
E-Verify self-check tool for employees to use to verify
their US work authorization or correct any errors in the Department
of Homeland Security or Social Security Administration records prior
to being hired. At this time, the program is only available for
employees physically located in Arizona, Colorado, the District of
Columbia, Idaho, Mississippi, or Virginia. Employers cannot
require that potential employees use the voluntary service or ask to
see the self-check results. More information on the
E-verify program can be found on the USCIS
website.
DOL Likely to
Increase Audits for PERM Applications
The DOL has announced in its Fiscal Year
2010 Annual Performance Report that of the PERM (Program Electronic
Review Management) cases it selected for integrity review,
approximately 50% were found to be in compliance. The PERM
process is the first stage of most employment-based green card
applications. As a result of the DOL's
findings, the DOL has stated it will apply
stricter scrutiny to PERM applications. This will likely result
in an increase in audits of PERM applications. For more
information on the PERM process and employment-based green cards, see
the Clark Hill website.
Mumbai Consulate Closing for
Renovations
The US
Department of State has advised that the US Consulate in
Mumbai, India will be reducing its operations while a new facility is
constructed. Individuals who already have confirmed H or L
appointments may keep their appointments. No new visa
appointments will be accepted. Individuals may schedule
appointments at any other US consulate in India during the
construction of the new Mumbai consulate.
Employment and Travel Authorizations
Now Issued on a Single Card
U.S. Citizenship and Immigration Services (USCIS) announced that it will now issue a single
card for employment and travel authorization for certain applicants
who have filed a Form I-485 Application to Register Permanent Residence
or Adjust Status. The card will replace the current paper
Advance Parole document. An
applicant will receive the card when he or she files a Form I-765
Application for Employment Authorization, and Form I-131 Application
for Travel Document, either with or after filing the Form
I-485. The Form I-485 is the final stage of obtaining a green
card for individuals who are eligible and are in the US in legal
status. For more information on employment
based green cards and family based
green cards, see the Clark Hill website.
USCIS Introduces
VIBE
USCIS announced the
introduction of a web-based Validation Instrument for Business
Enterprises (VIBE) tool. The tool will be used to assist USCIS in the adjudication of some employment-based
immigration petitions, including Form I-129 Petition for Nonimmigrant
Worker, and Form I-140 Immigrant Petition for Alien Worker.
VIBE will utilize commercially available data to validate basic
information about companies who petition to employ foreign
nationals. USCIS is currently
beta-testing VIBE, and petitioners may begin seeing VIBE-related
Requests For Evidence (RFEs). USCIS has stated that information obtained
through VIBE will not be used to deny a petition without first giving
the petitioner an opportunity to respond to USCIS's
concerns.
E-Verify Bill Introduced in the House
On February 18, 2011, Representative John Carter
(R-Texas) introduced a bill, H.R. 800, that would make the E-Verify program
permanent and mandatory and increase employer penalties for failure
to comply with current immigration laws.
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.
Howard Industries Pleads Guilty
On February
25, 2011 ICE announced that following an ICE
investigation, Howard Industries had pled guilty to knowingly
violating the federal criminal conspiracy law in its employment of
unauthorized workers at the company's plant in Mississippi. The
plea followed a raid in 2008, that resulted in the detention of more
than 600 suspected unauthorized workers at the plant. Howard
Industries agreed to pay a criminal fine in the amount of $2.5
million, which was an amount the company acknowledges is in excess of
the ordinary fine provided in the statute for a single count of
conviction.
Staffing Company Manager Sentenced
On February
25, 2011, ICE announced that the manager of two Chicago
area staffing companies had been sentenced to 18 months in prison for
hiring unauthorized temporary workers that were supplied to suburban
warehouses. The forfeiture of $465,178 in proceeds obtained
from the illegal activity was also ordered. In the plea
agreement the manager admitted to hiring 10 unauthorized workers from
Mexico.
Visa Priority Dates - April Visa
Bulletin
The April Visa
Bulletin has been posted. Visas for some employment
based second and third preference cases have moved forward. 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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