IMMIGRATION LAW
UPDATE
USCIS
Announces Change to Form I-9
USCIS has announced an
interim final rule that narrows the list of acceptable documents for
the Employment Eligibility Verification (Form I-9)
process. Form I-9 is used by employers to verify all new
employee's work authorization and identity. Most notably, the
revised Form I-9 will require that all documents presented for I-9
purposes be unexpired. The revised Form I-9 has also added and
removed documents from "List A", a list of documents
acceptable for both identity and work authorization. For more
information regarding revisions to List A, see the USCIS website.
Beginning February 2, 2009, employers will be required to use
the revised Form I-9 for all new hires and to re-verify any employee
with expiring employment authorization.
Visa Waiver
Visitors Must Register for Travel to US Beginning January 12, 2009
The visa waiver program
allows visiting foreign nationals from certain countries to enter the
US for no more than 90 days for pleasure or business meetings.
Beginning on January 12, 2009, travelers who plan to enter the US
through the visa waiver program will be required to obtain travel
authorization through the Electronic System for Travel Authorization
(ESTA) prior to departing for the US. The Department of
Homeland Security has published a notice
regarding this upcoming requirement. The ESTA system is
available on the Department of Homeland
Security website.
US Visit
Program to Expand to Permanent Residents
The Department of Homeland Security established
the "US Visit" Program in 2003 to verify the identity and
travel documents of foreign nationals upon entering and exiting
the US. Travelers to the US under the US Visit program may be
required to provide biometric data (including finger scans,
photographs, etc.) upon arrival to the US. For more information
on US Visit, see the DHS website.
Previously, only foreign nationals arriving in the US with
nonimmigrant visas or under the visa waiver program were subject to
the US Visit requirements. DHS has proposed that, beginning on
January 19, 2009, nearly all foreign nationals, including those
arriving as permanent residents ("green card" holders),
will be subject to the US Visit requirements.
No-Match
Implementation Delayed
A federal judge recently
denied the Department of Homeland Security (DHS) request to speed
up resolution of a lawsuit involving the social security
"no-match" rule issued on October 23, 2008.
The no-match rule addresses actions employers should take to rely on
"safe harbor" provisions when a social security number
"no-match" letter is received. See the Clark Hill website
for more information on the rule and the pending lawsuit.
Implementation of the rule remains on hold while the lawsuit
regarding the rule is resolved. The judge set a standard
schedule for consideration of the lawsuit with written arguments
planned on February 24, 2009.
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 will follow.
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.
Former Employees at Idaho Truss Indicted
On December 12, 2008, ICE
announced that sixteen former employees of Idaho Truss, all of
whom are Mexican nationals, had been indicted on charges that
include: possession of counterfeit alien registration receipt cards,
misuse of Social Security numbers, and illegal entry or re-entry
after deportation.
Contract Employees at Oil Refinery
Arrested
On December 10, 2008, ICE
announced the arrest of fifteen unauthorized employees who had been
working as contract janitorial workers at an oil refinery in
Idaho. The employees had been working in a secure area of the
refinery. ICE identifies oil refineries as part of the nation's
"critical infrastructure", which are areas crucial to
ability to function and are vulnerable to sabotage, attack or
exploitation.
Managers Arrested For Visa Fraud
On December 4, 2008, ICE
announced that two managers for an agricultural conglomerate in Waipahu,
Hawaii had been arrested for aiding and abetting visa fraud, abetting
the misrepresentation of a Social Security number, employment
eligibility fraud and providing false statements to federal
investigators.
Office Manager
Sentenced to Jail and Fined
On November 26, ICE announced
that a Sierra Vista, Arizona office manager had been sentenced to two
months in prison, ordered to pay a $10,000 fine and serve 500 hours
of community service after he pled guilty to knowingly hiring
unauthorized workers to work at a drywall company.
Visa Priority
Dates - January Visa Bulletin
The January Visa Bulletin has
been posted. Visas for employment based third preference
cases are available for some applicants. For a summary of
priority dates and how these dates impact US green card processing,
please visit the Clark Hill website.
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