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IMMIGRATION LAW UPDATE
E-Verify Rule
for Federal Contractors to Take Effect September 8, 2009
On August 25, 2009, a lawsuit filed by
the U.S. Chamber of Commerce challenging the E-Verify rule for
certain federal contractors and subcontractors was dismissed by the
United States District Court for the District of Maryland, Southern
Division in favor of the government. Now that the lawsuit
has been dismissed, it does not appear that there is any
impediment to implementation of E-Verify for federal
contractors, which will take effect on September 8, 2009.
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.
Obama Sees
Immigration Reform in 2010
On
August 10, 2009, President Obama announced at a summit
with Canada and Mexico that legislation on immigration reform would
not take place until 2010. The President acknowledged the
importance of providing a pathway to citizenship for unauthorized
workers stating that "[w]e can create a system in which you
have...an orderly process for people to come in, but we're also
giving an opportunity for those who are already in the United States
to be able to achieve a pathway to citizenship so that they don't
have to live in the shadows."
DHS Issues Rule to Rescind No-Match Legislation
On August 19,
2009, the US Department of Homeland Security(DHS) proposed a rule that would
rescind the Social Security "no-match" rule in favor of
increased compliance through improved verification, including the
E-Verify program. Comments on the rule rescinding the no-match
rule will be accepted through September 18, 2009. The no-match
rule addresses actions employers should take to benefit from
"safe harbor" provisions when a social security number
no-match letter is received. Implementation of this rule had
been on hold while litigation regarding the rule was resolved. See the Clark Hill website for more
information on the rule and the pending lawsuit. E-Verify is an
electronic work authorization verification system administered by
DHS. For more on E-Verify visit the DHS website.
H-1B Cap Not Yet Reached
On August 7,
2009 USCIS announced that it has received approximately 44,900 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. 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.
Clark Hill to Host Employment Law Conference
On October 5,
2009, Clark Hill will be hosting a free Employment Law Conference in
Grand Rapids, Michigan. This half-day seminar will address the
following topics: Biggest Mistakes Made by Human Resources, How
to Handle Your Problem Employees, and Managing the Electronic
Workplace. More details regarding the seminar are at Clark
Hill's website.
Oakland County Michigan Approves Policy Requiring
E-Verify for Service Vendors
On July 30,
2009, Oakland
County, Michigan announced a policy requiring companies
who provide services to Oakland County to participate in
E-Verify. E-Verify is an electronic work authorization
verification system administered by DHS. For more on E-Verify visit the
DHS website. The policy goes into effect
for service vendors to Oakland County on October 1, 2009.
The policy only applies to those companies providing services to the
county and not companies providing goods such as automobiles.
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.
Washington
State Company Directors Plead Guilty
On
August 18, 2009, ICE announced that two
company directors of Yamato Engine Specialists in Bellingham,
Washington had pled guilty to felonies for aiding and abetting the
use of a false statement on immigration employment forms.
Specifically, submitting false names an social security numbers on the
Form I-9. The plea was a result of an ICE investigation finding
28 unauthorized workers at the company. ICE states the company
is also expected to pay a significant fine.
Shipley
Do-Nuts Ordered to Pay Fines
On
August 7, 2009, ICE announced that the
Houston-based doughnut company, Shipley Do-Nuts Flour and Supply
Company, Inc. was ordered to pay a criminal fine in the amount of
$250,000 and to forfeit $1.334 million to ICE for harboring
unauthorized workers. The $1.334 million fine was to be paid
instead of the company forfeiting its interest in company-owned
residences where unauthorized workers had been housed during the
conspiracy.
Visa Priority Dates - September Visa Bulletin
The
September Visa Bulletin has been posted. Visas
for all employment based third preference cases are currently
unavailable. This is expected to go back to dates posted in the
April
2009 Visa Bulletin in October 2009 when the government's
fiscal year begins. There was significant forward movement in
the employment based second preference category for Chinese and
Indian Nationals as the as the fiscal year closes. 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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