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Immigration Law
Update January, 2009
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Immigration Law
Practice Group Leader
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IMMIGRATION LAW UPDATE
E-Verify Rule for Federal
Contractors Suspended Until May 21, 2009
The rule
requiring that most US federal contractors and qualifying
subcontractors use E-Verify has just been delayed until May 21,
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. The rule
requiring E-Verify for federal contractors was previously slated to
take effect on January 15, 2009. On January 9, 2009, the rule
was suspended until February 20, 2009. On January 28, 2009, the
rule was suspended to May 21, 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.
Malta 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 December 30, 2008, the
country of Malta has been added to the list of visa waiver
countries. For more information on the visa waiver program, visit the Clark Hill website.
H-2B Cap Reached For Second Half of Fiscal Year 2009
USCIS announced on January 9,
2009 that the cap on the number of petitions for H-2B workers has
been reached. January 7, 2009 was the last date petitions will
be received for workers requesting employment start dates prior to
October 1, 2009.
Appointment of Janet Napolitano to Head DHS Signals
Shift to Employer Enforcement
Janet
Napolitano's appointment to lead DHS signals a shift to enforcement
against employers. During her confirmation
hearings, Napolitano stated that while work place raids would
continue, the focus would shift from undocumented workers to what she
referred to as "unscrupulous employers." It is not clear
how this will impact ICE raids, detailed below.
US Immigration and Customs Enforcement (ICE) Updates
Below are
summaries of recent efforts by the US Immigration and Customs
Enforcement (ICE) and other law enforcement agencies 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.
IFCO Systems Managers Indicted
On January 23, 2009 ICE
announced that seven managers of IFCO Systems of North America
had been indicted on federal immigration violations stemming from an
previous ICE investigation. This brought the total number of
IFCO managers and employees facing criminal charges to sixteen.
Kentucky Restaurant Owner Sentenced
to Eight Months in Prison
On January 7, 2009, ICE
announced the owner of a LaGrange restaurant in Louisville,
Kentucky had been sentenced to eight months in federal prison
following a guilty plea to knowingly employing unauthorized workers.
Missouri Restaurant Owner Sentenced
to Eleven Months in Prison
On January 16, 2009, a
restaurant owner was sentenced to eleven months in a prison for
social security fraud after pleading guilty to involvement in a
conspiracy to use fraudulent social security number for unauthorized
workers. FBI agents had raided the restaurant in March 2008.
Visa Priority Dates - February Visa Bulletin
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To find out
more about Clark Hill and our Employment and Immigration Practice
Group, visit clarkhill.com
or call 800.949.3124.
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