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IMMIGRATION LAW UPDATE
H-1B Filing
Season Approaching
Employers are
reminded to identify new candidates who will require H-1B sponsorship
as soon as possible, to ensure that these applications are received
on April 1, 2010. That is the first date that an employer is
able to sponsor 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 a 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.
Roberta Freedman Named Top
Lawyer by Washingtonian Magazine
Clark Hill Immigration Attorney
Roberta Freedman was named as a top Immigration Attorney by Washingtonian
Magazine in the December 2009 issue. Freedman is a member in the
firm's Washington, DC office, and is co-leader of the firm's
Immigration Practice Group. Freedman concentrates her practice
in the area of immigration and nationality law. For Freedman's
contact information, please see 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 consulate 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 currently are currently
using the DS-160 can be found on the Department of State's website.
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 will be provided as they become
available.
Tenth Circuit Court of Appeals Allows Oklahoma to
Require E-Verify for State Contractors
On February 3,
2010, the Tenth Circuit Court of Appeals upheld much of an injunction
against Oklahoma's tough anti-illegal immigrant law. However,
the Court allowed the State of Oklahoma to force businesses to
require the use of E-Verify for employees of state contractors.
For more on E-Verify, see the DHS website.
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.
Cincinnati
Company Fined After Workplace Investigation
On February 12, 2010, ICE announced that Koch Foods of
Cincinnati, Ohio had paid a $536,046 fine for I-9 violations
following the execution of a search warrant at the company's poultry
processing plant and corporate headquarters.
Owner of
Missouri Roofing Company Sentenced
On February 3, 2010, ICE announced that the owner of a
Missouri roofing company had been sentenced to forfeit over $180,000,
pay fines in the amount of $36,000 and serve five years of probation
for the hiring, contracting and subcontracting of unauthorized
workers.
Visa Priority Dates - March Visa Bulletin
We have been
advised that the report may not reflect all of the potential demand
as all of the potential demand may not yet have been reported to the
Department of State.
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