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June 13,&nbs=
p;2011
US Supreme Court
Upholds Arizona Employer Sanctions Law
On May 26, 2011, =
the US
Supreme Court upheld the 2007 Arizona immigration law =
that
required employers to use E-Verify and punished employers who
knowingly hire undocumented workers. The Court rejected
arguments that states do not have a role in immigration
matters. Under Arizona state law, if an employer knowingly
hires an unauthorized worker, the business can be fined for the f=
irst
offense. A second offense could mean that the employer can =
have
its business license suspended or revoked and can lose the right =
to
do business in the state. The Supreme Court decision only
applies to business licenses and does not apply to Arizona's seco=
nd,
more controversial immigration law passed in 2010 that made it st=
ate crime
for foreign nationals to fail to carry immigration papers that are
required by federal law. This ruling is expected to lead to
more state laws that involve US immigration.
New H-1Bs Still Available
On June 1, 2011, =
USCIS announced that it received
approximately 13,600 H-1B petitions t=
oward
the 65,000 available per fiscal year, under the general H-1B cap. In addition, USCIS
received 9,300 petitions toward the 20,000 H-1B
Master's Cap. USCIS continues to
accept petitions toward the general cap and the Master's cap.&nbs=
p;
The H-1B is a frequently utilized tem=
porary
work visa for professional positions. For more information =
on
the H-1B visa, see the Clark Hill
website.
Several States Pass New Immigra=
tion
Laws
ALABAMA - On June 2, 2011, =
the
Alabama Legislature passed bill similar to the
controversial Arizona immigration legislation. The law will
allow police officers to detain drivers who have committed a traf=
fic
violation when there is a "reasonable suspicion" that t=
hey
do not have legal status in the US. In addition, the
legislation will require all business to utilize E-Verify and will
allow for revocation of business licenses if an employer is cited
more than once for hiring an unauthorized worker.
UTAH - On March 15, 2011=
, Utah
passed four immigration laws which included the follow=
ing
provisions: prohibits employers from hiring unauthorized
workers; requires most employers to use E-Verify; and established
enforcement provisions, similar to those in Arizona, that require
officers to verify the immigration status of individuals who are
stopped under certain circumstances. <=
/span>
INDIANA - =
Indiana has passe=
d an
immigration bill requiring certain employers to enroll=
in
E-Verify, including State agencies, political subdivisions, and
companies and certain subcontractors entering into public contrac=
ts
after July 30, 2011. The bill also includes several new
personal criminal offenses related to immigration.
GEORGIA - =
On March 14, 2011,
Georgia passed an immigration bill that permits the po=
lice
to check the immigration status of criminal suspects, imposes har=
sh
sentences on individuals who use false documents to obtain
employment, and requires all contractors, and sub-contractors, wh=
o do
business with any government of Georgia, to use E-Verify. =
DHS Abolishes NSEERS
Effective April 2=
8, 2011,
DHS has abolished the National Security Entry-Exit
Registration System (NSEERS), which
required nonimmigrant nationals of the following countries to com=
ply
with special registration procedures: Afghanistan,
Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Ir=
aq,
Jordan, Kuwait, Lebanon, Libya, Morocco, North Korea, Oman, Pakis=
tan,
Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab
Emirates, and Yemen. Due to the new automated systems that
capture arrival and exit information of non-immigrant travelers to
the US, DHS has determined that the NSEERS
program is redundant and no longer provides any increase in
security.
2012 US Diversity
Lottery Results To Be Voided
The US Department of State announced that due to a
computer error, the results of the 2012 diversity lottery must be
voided. The results were invalidated because they did not
represent a fair and random selection of entrants as required by =
US
law. All applicants who submitted a qualified entry between
October 5, 2010 and November 3, 2010 will be included in the new
selection lottery. If applicants previously received notice=
or
viewed the website stating that they had been selected or not
selected for the lottery, those notices and results are no longer
valid. Applicants can continue to use their previous
confirmation number to check results on the DOS website.
USCIS
Announces I-9 Central<=
/p>
On May 13, 2011, =
USCIS announced the launch of I-9
Central on uscis.gov<=
/a>.
The new resource will provide guidance for employers and employees
for the Form I-9, Employment Eligibility Verification. The
website includes sections about employer and employee rights and
responsibilities, instructions for completing the form, informati=
on
on acceptable documents for establishing identity and employment
authorization, a discussion of common mistakes to avoid when
completing the form, and instructions on how to correct errors.&n=
bsp;
US Immigration and Customs
Enforcement (ICE) Updates<=
/p>
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.
Restaurants in Arizona and
California Raided
On April 20, 2011=
, the
Arizona Republic reported that Ch=
uy's
Mesquite Broiler restaurants in Arizona and California were raide=
d by
ICE agents. The owners and company accountant were schedule=
d to
be arraigned on counts including the unlawful hir=
ing
and harboring of unauthorized workers and tax evasion.
Virginia Business Owners Senten=
ced
On April 15, 2011=
ICE
announced that following an ICE investigation, the own=
er
and madame of a Korean room salon in =
Falls
Church, Virginia were sentenced for conspiracy to both harbor ill=
egal
aliens and to induce illegal aliens to reside in the United States
for commercial advantage and private financial gain. The ow=
ner
was sentenced to 30 months in prison, three years of supervised
release, and ordered to forfeit $2 million in illegal proceeds.&n=
bsp;
The madame was sentenced to 16 months=
in
prison, three years of supervised release, and ordered to forfeit=
$2
million in illegal proceeds. Both defendants were also ordered to
cooperate in their subsequent removal from the United States.
Visa Priority
Dates - July Visa Bulletin<=
/span>
The July Visa Bul=
letin
has been posted. Visas for employment based seco=
nd
and third preference cases have moved forward, including those bo=
rn
in India and China. For a summary of priority dates,
retrogression, and how these dates impact US green card processin=
g,
please visit the =
Clark
Hill website.
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