New
Requirements for Visa Waiver Visitors - 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. Instructions on how to
obtain travel authorization through ESTA
web site are now available in thirteen additional languages:
Danish, Dutch, Finnish, French, German, Icelandic, Italian, Japanese,
Norwegian, Portuguese, Slovene, Spanish, and Swedish. The ESTA system is now available on the
Department of Homeland Security website.
Additional
Countries 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. On
October 17, 2008, President Bush announced that seven
additional countries will be added to the visa waiver program.
The citizens of the following countries are expected to qualify for a
visa waiver: Latvia, Lithuania, Estonia, Hungary, the Czech
Republic, Slovakia and South Korea. For more information
on the visa waiver program, visit
the Clark Hill website.
USCIS Considers
H-1B Reform in Wake of Report Finding Fraud
A
report published by the US Citizenship and Immigration
Service (USCIS) found significant evidence
of fraud in H-1B applications. The H-1B is a temporary work
status used by US employers for hiring foreign nationals to perform a
job which requires a bachelor's degree or higher
(professionals). For more on H-1B status, see
the Clark Hill Website.
In the report, USCIS found that forged
documents, fake degrees, and shell companies were being used in H-1B
petitions. The report stated that 21% of the 246 applications
reviewed by USCIS contained either outright
fraud or "technical violations." In light of the
report, USCIS has stated it is considering
reforms to the H-1B application process. These reforms may include
checking that petitioning companies are legitimate operating
businesses, modifying the evidence required when filing applications,
and modifying the application forms. We predict that legitimate
employers will have more difficulty obtaining approval of H-1B
applications for qualified and appropriate H-1B
candidates.
Fee Increase
For F, M and J Visas
The Student
Exchange Visitor Program allows foreign nationals to apply for F
visas for academic students, M visas for vocational students, and J
visas for exchange visitors. For more information on these
visas, see
the Clark Hill website. Effective October 27, 2008,
the fees for these visas increased. The
new fees for these visas are: $1,700 for a school
certification petition and $655 for each site visit for
certification, and $200 for each F or M student. The increase also
sets a $180 fee for most J exchange visitors.
USCIS Will
Administer A New Naturalization Test
As of
October 1, 2008, USCIS will begin to
administer a new naturalization test to applicants for US
Citizenship. USCIS will administer
both the old test and the redesigned test until October 1,
2009. Whether applicants will take the old test or the new
redesigned test will depend on the date the application was filed and
the date of the scheduled exam. USCIS
has provided a chart to determine which test the applicant
will take. For more information regarding requirements for US
Citizenship, visit
the Clark Hill website.
Bush
Administration Allows Customs Agents to Seize Travelers' Documents
The
Bush Administration has overturned a 22-year old policy
and will now allow customs agents to seize, read, and copy documents
of travelers' at airports without any suspicion of wrongdoing.
Customs agents were also given unlimited authority to questions
travelers about their religious beliefs and political opinions.
Border
Patrol Expands Surprise Transportation Checks
US Customs
and Border Protection agents have increased
surprise inspections and arrests of individuals on
domestic trains, buses and ferries. The inspections are
occurring not only near the border, but on modes of transportation
that do not cross into Canada or Mexico.
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 in the last few months, below are a few of
the highlights.
Managers Plead to Misdemeanors in IFCO Case
On
October 21, 2008, ICE announced the guilty pleas of two
additional managers of IFCO Systems North
America to misdemeanor charges. The guilty pleas came two years
after the government's raid on IFCO plants
that resulted in the detention of 1,200 unauthorized workers.
ICE Raid in South Carolina
On
October 9, 2008, ICE announced a raid on a Columbia
Farms poultry processing plant in Greenville, South Carolina
arresting 331 individuals. The raid was a part of the ICE's ongoing criminal investigation into the
plant's employment practices. Prior to the October raid, the
investigation had already resulted in criminal charges against nine
supervisors, four plant employees and one human resources
manager.
Texas Garbage Company Agrees to Pay
$3 Million in Fines
On
October 1, 2008, ICE announced that a waste collection
company in Houston, Texas had agreed to pay $3 million in fines,
cooperate with a criminal investigation against former employees, and
adhere to an immigration compliance program. ICE had been
investigating the company's hiring of unauthorized workers from 2002
to 2005.
