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September
2, 2011
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/span>
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/span>
Clark
Hill to Host Free Physician Seminars<=
/span>
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/span>
On
Saturday September 24, 2011 in Brooklyn, New York, Clark Hill wil=
l be
hosting a free seminar for Physicians, entitled "Life After
Training." The comprehensive seminar is designed for Physici=
ans
in the United States completing Residency or Fellowship training =
on a
J-1 or H-1B visa. This seminar provid=
es a
complete review of the J-I waiver, nonimmigrant visas and permane=
nt
residence processes. More details regarding the seminar can be found on the Clark Hill web=
site.
New H-1Bs Still Available
On A=
ugust 12,
2011, USCIS announced that=
it
received approximately 25,300 H-1B
petitions toward the 65,000 available per fiscal year, under the
general H-1B cap. In addition, =
USCIS received 14,700 petitions toward the =
20,000
H-1B Master's Cap. USCIS
continues to accept petitions toward the general cap and the Mast=
er'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. <=
/p>
Obama Announces Cha=
nge
to Deportation Policies<=
/p>
On A=
ugust 18,
2011, the Obama administration announced a change to
deportation policy stating that it would suspend deportation
proceedings against many unauthorized aliens who did not pose a
threat to national security or public safety. White House officia=
ls
stated they would exercise "prosecutorial discretion" o=
n a
case-by-case basis to focus enforcement efforts on those who had
committed crimes. Individuals who are in the US without a legal
status should be warned that the change in policy is not an amnes=
ty
program, nor does it grant individuals a legal status in the US. =
It
is unknown at this time how this policy will be implemented.
US Department of
Justice Settles Discrimination Allegations Against Kinro Manufacturing Inc. and Issues Highest
Discrimination Fine in History Against Pork Manufacturer
On A=
ugust 26,
2011, the US Department of Justice ("DOJ")
announced a settlement with Kinro
Manufacturing Inc. ("Kinro"=
) for
immigration related employment discrimination practices. Accordin=
g to
the DOJ's findings, the company subjected newly hired non-US citi=
zens
to requests for excessive documentation in the Form I-9 employment
eligibility process and did not require the US citizen hires to
provide any specific documentation. Under the terms of the settle=
ment
agreement, Kinro will change its empl=
oyment
practices to ensure that citizens and non-citizens are treated
equally in the employment eligibility verification process, pay a
$25,000 civil penalty and $10,000 in back pay to the injured
party. Kinro will also tr=
ain
its human resources personnel regarding in the employment eligibi=
lity
verification process, and will produce Forms I-9 for inspection a=
nd
provide periodic reports to the DOJ for one year.
On A=
ugust 22,
2006, the DOJ issued a fine of $290,400 against Farmla=
nd
Foods Inc., a major US pork producer, resolving allegations that =
it
engaged in a pattern or practice of discrimination by imposing
unnecessary and excessive documentary requirements on non-US citi=
zens
and foreign-born US citizens when establishing their authority to
work in the United States. The fine is the highest civil penalty =
paid
through settlement since enactment of the IN=
A's
anti-discrimination provision in 1986. The company also agreed to
monitoring and reporting provisions, as well as training for their
human resources personnel.<=
/p>
US Immigration and
Customs Enforcement (ICE) Updates
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/p>
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.
Arizona Tomato Producer Fined
On A=
ugust 26,
2011, ICE announced that following a worksite enforcement action, a
large tomato producer in Arizona pled guilty and was sentenced for
knowingly hiring and engaging in a pattern and practice of employ=
ing
unauthorized aliens. The court issued a criminal forfeiture judgm=
ent
against Eurofresh, Inc. for $600,000 =
and
will require the company to remain on probation for five years un=
til
the judgment is satisfied in full.
Duncan Donuts Manager Sentenced=
On A=
ugust 3,
2011, ICE announced that a manager of Dunkin Donuts st=
ores
in New Hampshire had been sentenced to six months of home
confinement, fined $64,000, and placed on five years
probation with a condition of 20 hours per month of commun=
ity
service for one count of engaging in a pattern or practice of
recruiting or hiring unauthorized workers and to one count of usi=
ng a
false attestation in an immigration document.
Visa Priority Dates=
-
September Visa Bulletin<=
/p>
<=
/p>
The =
September
Visa Bulletin has been posted. Visas for employment ba=
sed
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 visi=
t the Clark
Hill website.<=
/p>
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