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IMMIGRATION LAW UPDATE
H-1B Cap Not
Yet Reached
On
April 9, 2009, USCIS announced
that it received approximately 42,000 H-1B petitions toward the
65,000 available per fiscal year under the general cap. USCIS continues to accept petitions toward the
general cap. In addition, the agency continues to accept
petitions toward the 20,000 US Master's cap.
On
April 1, 2009, employers were permitted to submit H-1B visa petitions
for foreign national employees who have not yet possessed H-1B status
before for work in that status for the 2010 fiscal year which begins
on October 1, 2009. 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. In prior years, many more
petitions were submitted within the first five business days after
April 1 than visa numbers were available and a computer generated
random selection process (lottery) to was utilized to choose which
applications were accepted for processing. This reduction in
the number of H-1B applications filed by employers is believed to be
due to the downturn in the US economy.
DHS Chief Declares Support for E-Verify
On
March 31, 2009, Janet Napolitano, head of the Department
of Homeland Security, declared her support for the E-Verify program
and her desire to see the program extend beyond the September 30,
2009 expiration date. 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. President Barack
Obama's recent spending measure included
language extending E-Verify through the current fiscal year that ends
on September 30, 2009. Employers are reminded that the
government's new deadline for E-Verify for government contractors is
May 21, 2009. For more on this, see our previous
Immigration Update.
Nebraska Passes E-Verify Law
On
April 8, 2009, Nebraska passed a law mandating the use of E-Verify
for state and local agencies and their private contractors for any
new hires after October 1, 2009. The law does not require that
all private employers use E-Verify, however tax incentives are
available to private employer who voluntarily use E-Verify. The
law also requires state and local governments to determine a person's
legal status before receiving public benefits and prohibits those
without legal status from receiving public benefits.
Passport Deadline Reminder
Beginning
June 1, 2009, individuals will not be permitted to enter the US from
Canada and Mexico without a passport or passport card.
Information regarding applying for or renewing a US passport can be
found on the US
Department of State website. Information
regarding applying for a US passport card, a less expensive
alternative to a passport, can also be found on the US
Department of State website.
Clark Hill to Host Employment Seminar
On
May 7, 2009, Clark Hill will be hosting the 25th Annual Employment
Law Conference in Dearborn, Michigan. This is a day filled with
15 current and relevant seminar topics, including immigration
law. More details regarding the seminar are at
Clark Hill's website.
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.
Restaurant
Owners Sentenced
On
March 31, 2009, ICE announced that the owners of a
Southern Illinois Chinese restaurant had been sentenced following
convictions for tax evasion and the hiring and harboring of
unauthorized workers at their restaurant. One owner was
sentenced to 16 months in prison, fined $6,000, and ordered to pay
$228,238 in restitution to the United States. The other owner
was sentenced to five years probation, 10 weekends in jail, fined
$10,000, and ordered to pay restitution to the United States in the
amount of $16,310.
Agriprocessors Executive
Sentenced
On March 19, 2009, a former Agriprocessors
supervisor was sentenced to three years in prison for conspiring to
hire and aiding and abetting unauthorized workers at the Agriprocessors meatpacking plant.
Individuals
Sentenced in H-2B Visa Scheme
Two
brothers in Brownsville, Texas were indicted on charges of
obtaining fraudulent work visas for more than 80 Indian
nationals. The individuals allegedly charged the foreign nationals
fees between $57,000 and $68,000 for the work visas which were
intended to allow employment at the Viscardi
construction company, but do not appear to have been placed
there. The brothers each face up to 15 years in prison and a
$500,000 fine if convicted.
Visa Priority Dates - May Visa Bulletin
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