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IMMIGRATION LAW UPDATE
Clark Hill to
Host Employment Seminar
On Thursday,
May 6, 2010, Clark Hill will be hosting the 26th Annual Employment
Law Conference in Dearborn, Michigan. This is a day filled with
current and relevant seminar topics, including immigration law.
More details regarding the seminar can be found on the Clark Hill website.
H-1B Filing Season Has Begun
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, 2010 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, 2010.
The
H-1B is a frequently used temporary work visa for professional
positions. Generally, there are only 65,000 H-1Bs available per
year. Although the annual limit in 2009 was not reached until
December 2009, the annual limit was reached in prior years on April
1. 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 non-profit research organization, an
institution of higher education, or work furthering the purposes of
either of these, are exempt from the H-1B quota.
Senators Graham and Schumer Publish Outline for
Comprehensive Immigration Reform
On
March 17, 2010, Senators Charles E. Schumer and Lindsey O. Graham published an op-ed piece in the Washington
Post outlining a framework for comprehensive immigration
reform. The outline addresses immigration reform in the
workplace and at the border, proposes a program to bring necessary
workers into the US legally, and a discusses a solution for
legalizing millions of unauthorized foreign nationals living and
working in the US.
TNs for Mexican Nationals Limited to One Year
The
maximum time period allowed for the TN visa category for individuals
from Mexico has recently changed to a one-year period, and may be
extended in one-year increments. Mexican nationals were
previously allowed to apply for a three-year visa. Employers
applying for a TN for Mexican nationals through USCIS may still apply
for a three-year I-94 card. Canadian nationals will still be
allowed to apply for a three-year TN visa at Canadian
Embassies. For more information on the TN visa, see the Clark Hill website.
E-Verify Quick Reference Guide For Employers
USCIS
and the Social Security Administration have published a Quick
Reference Guide to E-Verify for employers that covers topics such as
user administration, case administration and the mailing of
documents. The Guide can be found on the USCIS website. For more on
E-Verify, see the DHS website.
Greece To Be Added To Visa Waiver Program
The
visa waiver program allows foreign nationals from certain countries
to visit the US as tourist or business visitors for 90 days or less
without obtaining a consular visa. The Department of Homeland
Security (DHS) has announced that as of April 5, 2010, the country of
Greece has been added to the list of visa waiver countries. For
more information on the visa waiver program, visit the Clark Hill website.
Form DS-160 to be Rolled-Out at US Consulates By April
30, 2010
As of April 30, 2010, all US consulates and
embassies are expected to utilize Form DS-160 for non-immigrant
visa applications such as the H-1B, L-1, B, etc. Form DS-160 is
a completely web-based non-immigrant visa application that will
replace Forms DS-156, DS-157, DS-158, and DS-3032. These forms
will no longer be necessary at US embassies and consulates that are
utilizing the DS-160. The list of consulates that are currently
using the DS-160 can be found on the Department of State's website. Individuals
completing the form are warned that the form is very complex and the
data collected will be saved by the Department of State to compare
against future applications.
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.
Audit
Notices Issued to 180 Businesses in 5 States
On March 2, 2010, ICE announced that audit
notices were issued to 180 businesses in Louisiana, Mississippi,
Alabama, Arkansas and Tennessee notifying those business that ICE
will inspect their hiring records to determine whether or not the
businesses are complying with employment eligibility verification
laws and regulations.
284
Arrested in ICE Operation in Texas
On February 26, 2010, ICE announced that
it had conducted the largest enforcement operation in history,
arresting 284 foreign nationals with criminal records in Texas during
a three-day surge. The enforcement operation is evidence of the
Obama administration stepping up enforcement against foreign
nationals who commit crimes.
Visa Priority Dates - April Visa Bulletin
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