|
October 29, 2010
ICE Announces
Record Breaking Enforcement in 2010
On October 8, 2010, Immigration and Customs
Enforcement (ICE) announced the highest immigration
enforcement numbers on record for the fiscal year 2010. Enforcement
measures included the following: removing 392,000 individuals,
including 195,000 convicted criminal foreign nationals; bringing
criminal charges against employers who had serious Form I-9
Employment Verification violations which includes 180 owners,
employers, managers and/or supervisors; conducting more than 2,200
I-9 audits, an increase from 1,400 in fiscal year 2009; and the
imposition of approximately $50 million in financial sanctions.
Employers are reminded to review their I-9 policies and practices.
USCIS Announces Fees Increase
On September
23, 2010, United States Citizenship and Immigration Services (USCIS)
announced an immigration benefit fee adjustment effective November
23, 2010. Fees for most non-immigrant petitions such as L-1 and
H-1B, and immigrant petitions have increased. More information
on the fee adjustments can be found on the USCIS website.
New E-Verify Manuals
On October 7,
2010, USCIS announced the publication of revised E-Verify
manuals. Links to the new manuals can be found on the USCIS website. 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.
USCIS Provides Guidance on I-9
Completion Using Puerto Rico Birth Certificates
On July 1,
2010, the Vital Statistics Office of the Commonwealth of Puerto Rico
began issuing new, more secure certified copies of birth certificates
to U.S. citizens born in Puerto Rico. As of October 30, 2010,
all certified copies of birth certificates issued prior to July 1,
2010, will become invalid. This new law does not affect the U.S.
citizenship status of individuals born in Puerto Rico. It only
affects the validity of certified copies of Puerto Rico birth
certificates. Beginning Oct. 31, 2010, only certified copies of
Puerto Rico birth certificates issued on or after July 1, 2010, are
acceptable for Form I-9 purposes. For more information on this
change, see the USCIS website.
New H-1Bs Still Available
On October 22, 2010, USCIS announced
that it received approximately 43,300 H-1B petitions toward the
65,000 available per fiscal year, under the general H-1B cap.
In addition, USCIS received 16,200 petitions toward the 20,000
available per fiscal year, under the US Master's Cap. USCIS
continues to accept petitions toward the general cap and the 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.
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
Bakery Owner and Three Employees Charged
On October 15, 2010, ICE announced
that following an ICE investigation, the owner and three employees of
a San Diego Bakery had been charged with harboring unauthorized
workers and providing false social security numbers and fraudulent
immigration documents.
DHS/ICE Reveal
Highest Immigration Enforcement Numbers on Record
On October 15, 2010, ICE announced
that three Miami-Dade residents had pled guilty to harboring
unauthorized workers who were working on a Miami-Dade school
construction project. Each individual faces a maximum statutory
penalty of ten years in prison.
Michigan Dairy Farms Indicted
The operators of a Michigan dairy farm have been
indicted for conspiring to hire unauthorized
workers. The indictment claims the farmer ignored warnings that
the workers had invalid social security numbers. The dairy farm
has been under investigation for more than three years.
Visa Priority Dates - November Visa
Bulletin
The November Visa Bulletin has been posted.
Visas for some employment based second and third preference cases
have moved forward. For a summary of priority dates, retrogression,
and how these dates impact US green card processing, please visit the Clark Hill website.
|
