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IMMIGRATION LAW UPDATE
Premium Processing for Form I-140
Resumes
US
Citizenship and Immigration Services (USCIS)
has announced that effective June 29, 2009, premium
processing for Form I-140 Immigrant Petitions for Alien Worker has
resumed. Premium Processing costs $1000 in addition to other
application fees, and guarantees a response from USCIS
with 15 calendar days of receipt or USCIS
returns the $1000 fee.
Update on SSN No-Match Safe
Harbor Rule
On July 8,
2009, the US Department of Homeland Security (DHS) Secretary Janet
Napolitano announced that DHS would rescind the Social Security
"no match" rule in favor of the E-Verify program. A
day after the announcement, the US Senate approved by unanimous
consent an amendment to the fiscal year 2010 homeland security appropriations
bill (H.R. 2892) prohibiting
funds in the
bill from being used to rescind the "no-match" rule.
The Senate bill is still not law. 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.
Visa Waiver Program Passport Requirements
As of July
1, 2009, all Visa Waiver Program (VWP)
emergency or temporary passports must be electronic passports
(e-Passports). This includes VWP
applicants who present emergency or temporary passports to transit
the United States. More information regarding e-Passports can
be found on the US
Customs and Border Patrol's website. 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. As a reminder, beginning on January 12, 2009,
travelers who plan to enter the US through the visa
waiver program are required to obtain travel
authorization through the Electronic System for Travel Authorization
(ESTA) prior to departing for the US.
DHS
has published a notice regarding this requirement.
The ESTA system is available on the DHS
Security website.
Canada Imposes Visa Requirement on Mexicans
Beginning on
July 14, 2009, Canada will require Mexican nationals to obtain a visa
prior to entering Canada. The
press release from Citizenship and Immigration Canada
(CIC) indicates the reason for the requirement is a dramatic increase
in refugee claims by Mexican nationals after entering Canada.
CIC is in the process of increasing its capacity at the Canadian
Embassy in Mexico City to handle the number of visa applications, but
in the interim, applicants have been encouraged to apply for visas by
courier or registered mail. Information regarding how to apply
for a visa to visit Canada can be found on
the CIC website.
H-1B Cap Not Yet Reached
On
July 10, 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.
ICE Audits 652 Businesses Nationwide
On
July 1, 2009, US Immigration and Customs Enforcement (ICE) announced
that 652 businesses nationwide were being served with Form I-9 audit
notices. This number is more than the total number of ICE
audits conducted in the prior fiscal year. The audit notices
alerted businesses of ICE's intent to
inspect employment records to verify compliance with employment
eligibility verification laws and regulations.
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.
Visa Fraud
Conspiracy Actor Sentenced
On
July 17, 2009, ICE announced that an actor in a widespread
visa fraud conspiracy was sentenced to 87 months in prison. He
had previously pled guilty to visa fraud, tax fraud and money
laundering on April 2, 2009.
Employment
Agency Owner Sentenced
On
July 13, 2009, ICE announced that the owner of an
Atlanta-based employment agency had been sentenced to five years in
prison followed by three years of supervised release for conspiring
to harbor unauthorized workers.
Krispy Kreme
Fined After I-9 Audit
On
July 7, 2009, ICE announced a $40,000 settlement reached
with the Krispy Kreme
Doughnut Corporation for violations of immigration laws. The
ICE audit was conducted after ICE received information from the
Butler County Sheriff's Office alleging that the company had employed
unauthorized workers at their factories in Cincinnati, Ohio.
Visa Priority Dates - August Visa Bulletin
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