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Immigration
Law Update September 20, 2010
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Immigration Law
Practice Group Co-Leaders
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IMMIGRATION LAW UPDATE
Reminder -
Visa Waiver - New ESTA Fee Enacted
As a reminder, effective September 8, 2010, a fee of $4 per
Electronic System for Travel Authorization (ESTA)
system application will be charged to recover the costs incurred by
US Customs and Border Patrol (CBP) for
administering the ESTA system. This
fee is in addition to the existing mandatory $10 travel promotion
fee. The total fee for a new or renewed ESTA
application will be $14. As of January 12, 2009,
travelers who plan to enter the US through the visa waiver program
are required to obtain travel authorization through the ESTA system prior to departing for the US. DHS has published a notice regarding
this requirement. The ESTA system is
available on the DHS website.
New Round of I-9 Audits Expected
Chinese Citizens Now
Allowed One Year Multiple Entry H-1B Visas
Effective
July 9, 2010, the Department of State's reciprocity schedule for citizens of mainland
China has been amended to allow for 12 month multiple
entry visas for H-1B visa applicants. Previously, citizens of
mainland China were only allowed dual entry visas valid for 3
months. This new policy will allow for increased travel
flexibility for affected citizens. For more information on the
H-1B visa, see the Clark Hill website.
New H-1Bs Still Available
On September 10, 2010, USCIS
announced that it received approximately 37,400 H-1B
petitions toward the 65,000 available per fiscal year, under the
general H-1B cap. In addition, USCIS
received 13,700 petitions toward the 20,000 available per fiscal
year, under the US Master's Cap. USCIS
continues to accept petitions toward the general cap and the 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.
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.
Virginia Restaurant Owner Arrested
On September 8, 2010, ICE announced the arrest of
the owner of three restaurants in Virginia for the harboring of
unauthorized aliens and knowingly employing unauthorized
workers.
Idaho Construction Company Owner Pleads Guilty
On August 31, 2010, ICE announced that an
Idaho-based construction company owner had pled guilty to federal
charges of employing unauthorized workers following an ICE
investigation. Sentencing is scheduled for December 7,
2010. The charge carries a maximum penalty of six months in prison,
supervised released of one year, and fines of $9,000.
Visa Priority Dates -
October Visa Bulletin
The October Visa Bulletin has been posted. Visas
for some employment based second and third preference cases have
moved forward. The Dominican Republic no longer has its own
category for priority dates, and is not included in the limit for all
countries other than India, China, Mexico and the Philippines.
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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To find out
more about Clark Hill and our Immigration and Empoyment Practice Groups, visit clarkhill.com
or call 800.949.3124.
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