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January
31, 2012
IMMIGRATION LAW UPD=
ATE
Clark Hill to Host
Employment Seminar<=
/p>
On Wednesday, May 2, 2012, Clark Hill will be hosting
the 28th Annual Employment Law Conference in Livonia, Michigan. T=
his is
a day filled with current and relevant seminar topics, including =
an
I-9 Employment Verification update for Human Resources profession=
als,
in-house counsel, and business owners. For more information and
registration details, see the Clark Hill website.
H-1B
Filing Season To Begin April 2, 2012
Employers are reminded to identify new candidates wh=
o will
require H-1B sponsorship as soon as
possible, to ensure that these applications are accepted for
processing. April 2, 2012 is the first date that an employer is a=
ble
to file an H-1B petition on behalf of=
a
foreign national who has not possessed H-1B<=
/span>
status before. Employees with approved H-1B<=
/span>
petitions will be able to begin work in that status on October 1,
2012.
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 2011 was not reached until November 2011, the
annual limit has been reached in prior years on April 1st. If USCIS receives more than enough petitions i=
n the
first five days of processing, there will be computer generated
random selection process to choose which H-1=
B
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 purpos=
es
of either of these, or have used a cap subject H-1B,
are exempt from the H-1B quota. For m=
ore
information on H-1Bs, see the
Clark Hill website.
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.
San Diego Car Wash Executives P=
lead
Guilty
On January 19, 2012, ICE announced=
a
San Diego-area car wash executives pled guilty to hiring unauthor=
ized
workers. The executives agree to forfeit more than $85,000 in ill=
icit
profits, constituting proceeds from the company's illegal hiring
practices. The president and business manager pled guilty to the
felony offense of hiring at least 10 unauthorized workers between
2010 and 2011, facing a maximum penalty of five years in prison a=
nd a
fine of up to $250,000.
Dayton, Ohio Company Fined After
I-9 Audit
On January 19, 2012, ICE announced that
a following an ICE investigation and audit of Form I-9 documents,=
a
Dayton-area restaurant was fined more than $20,000 for failing to
comply with employment eligibility verification requirements. The=
I-9
audit stemmed from information received by area police that revea=
led
the company had employed unauthorized workers. The audit revealed
violations of the Immigration and Nationality Act (INA) and sever=
e deficiencies
with the company's employment records.
St. Louis Supply Company Senten=
ced
On January 17, 2012, ICE announced that
a local industrial supply company was sentenced after an ICE
investigation that resulted in J & J Industrial Supply Inc.'s
guilty plea to knowingly and intentionally hiring more than 10
illegal aliens in a 12-month period. As part of the plea, J &=
J
Industrial Supply Inc. agreed to forfeit $150,000 and a 2011 Toyo=
ta
Highlander used to facilitate the illegal activity. The company a=
lso
received one year of probation, and it paid the $150,000 forfeitu=
re
at sentencing.
Visa Priority Dates=
-
February Visa Bulletin<=
/span>
The February Visa Bulletin has been poste=
d.
Visas for employment based second and third preference cases have
moved forward, including those born in India and China. For a sum=
mary
of priority dates, retrogression, and how these dates impact US g=
reen
card processing, please visit the
Clark Hill website.
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