Immigration settles amnesty lawsuit

Ending a 20 year long legal battle, Immigration finally agreed to settle a class-action lawsuit regarding amnesty applicants who entered the US legally but then overstayed their visas or violated the terms of their visas. Immigration had placed the burden on the amnesty applicant to prove that their illegal status was now"known to the government". Immigration will now presume that the government knew about their violations because schools were legally required to send the notices of violation of student visa status to Immigration. This settlement will open the doors to permanent residents to tens of thousands of people.

Visa Waiver Program is Expanded to 7 New Countries

Starting today, November 17, 2008, eligible citizens or nationals from the Czech Republic, Estonia, Hungary, South Korea, Latvia, Lithuania and Slovakia may enter the US for tourism or business for stays of 90 days or less without obtaining a visa.

Election of Obama and Democratic Congress Increases Chances of Success for Comprehensive Immigration Reform Next Year

The stunning election of Barack Obama for President and the strong gains made by the Democratic Party in Congress will boost chances for Comprehensive Immigration Reform next year. Of course, immigration reform will not be a top priority, and the continuing economic crisis together with a high rate of unemployment may cloud the prospects for passage of a comprehensive package. However, even if a comprehensive package is not passed next year, the chances are excellent for the passage of piece meal solutions such as EB vias recapture; Nurses and Physical Therapists bill; AG Jogs and the DREAM Act. See Business Week Online for the interview of ELI KANTOR on this topic, and stay tuned to this blog for the latest updates.

Immigration Issues Supplemental Final Rule for No-Match Letters

Immigration issued a Supplemental Final Rule that provides additional background and analysis for the department's No-Match Rule. The regulation which was originally proposed in June 2006 and issued in August 2007 as a Final Rule, clarifies what steps responsible employers can take to resolve discrepancies identified in "no match" letters issued by the Social Security Administration. It also provides guidance to help businesses comply with legal requirements intended to reduce the illegal employment of unauthorized workers. Implementation of the No Match rule has been stayed following the issuance of a preliminary injunction by the U.S. District Court for the Northern District of California last year. This Supplemental Final Rule is an attempt to meet the concerns raised by the Court. The DHS will return to Court to request that the injunction be lifted so that implementation of the new rule can proceed.

Visa Waiver Program is Expanded to 7 New Countries

The Visa Waiver program has been expanded to include 7 new countries including: the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, and South Korea. Nationals of these countries will not be required to obtain a visa to enter the US for stays of up to 90 days.

Immigration Extends Period of Stay for TN Professional Workers

Immigration has increased the maximum period of time a Trade- NAFTA (TN) professional worker from Canada or Mexico may remain in the United States before seeking readmission or obtaining an extension of stay. This final rule changes the initial period of admission for TN workers from 1 year to 3 years.

President Signs the Conrad 30 extension bill

President Bush signed into law a bill extending the Conrad 30 program for 5 years. The Conrad 30 program waives the two year foreign residency requirement for physicians who received J-1 visas, who work in underserved areas where there is a health professional shortage.

President Signs Military Personnel Citizinship Processing Act

President Bush signed into law the Military Personnel Citizenship Processing Act. The law requires that Immigration process and issue a citizenship decision within 6 months of receiving an application from a current or former member of the armed forces, or their surviving dependents. If a decision is not made within that time frame, Immigration is required to explain the delay and provide a new decision target date.

331 Arrested by ICE agents in South Carolina

Immigration agents executed a federal criminal search warrant on October 8th at the Columbia Farms poultry processing plant. They arrested 331 illegal aliens. These arrests follows the criminal cases filed earlier this year against nine plant supervisory employees.

Congress Votes to Extend the Religious Worker Program

Congress voted to extend the religious worker program, whereby religious workers (non-ministers) will be able to obtain green cards.

Immigration to require new test for all natzuralizations applications filed on or after October 1st

As of today, October 1, 2008, all applicants who file their applications for Naturalization will be required to take a new test which is more analytical. The prior test required rote memorization, whereas the new one requires analysis of U.S. History and Government.

Congress Votes to Extend the Investor Regional Center Pilot Program

Congress voted today to extend the EB-5 Investor Regional Center Pilot Program. This program allows investors to obtain green cards by investing $500,000 into an approved regional center. There is no requirement that they personally have to employ 10 workers, only that their investment lead to the employment of 10 workers.

Immigration Extends TPS for El Salvador, Nicaragua and Honduras for 18 months

Immigration has extended Temporary Protected Status "TPS" for El Salvador, Nicaragua and Honduras for 18 months.

Immigration Extends TPS for El Salvador for 18 months

On September 24, 2008, Immigration announced that it would extend Temporary Protected Status "TPS" for another 18 months for natives of El Salvador.

2010 Visa Lottery Begins on October 2, 2008

The DV-2010 Lotttery online entry begins at Noon EDT on October 2, 2008 and ends on December 1, 2008 at Noon EST. For further information contact Eli Kantor at ekantor@beverlyhillsimmigrationlaw.com

House Judiciary Committee to Mark-Up Immigration Bill

The House Judiciary Committee will mark-up 3 key immigration bills today, involving the recapture of 500,000 visas as well as a proposal for 20,000 visas for Registered Nurses and Physical Therapists.

House Committee to Vote on Immigration Bills

On Wednesday, September 10th, a House Committee will vote on 3 key pieces of immigration legislation which would recapture lost visa numbers and grant 20,000 special visas for RN's and Physical Therapists.

ICE raids flower grower; arrests 18 undocumented workers

On September 3rd ICE raided the Sun Valley Group, one of California's major wholesale flower growers and arrested 18 undocumented workers from Mexico. This is part of ICE's continued enforcement campaign. They have made approximately 4,500 administrative arrests for immigration violations during worksite enforcement operations this year.

595 Arrested in ICE Raid at Mississippi Transformer Plant

ICE agents executed a federal criminal search warrant on Monday at Howard Industries, Inc. in Laurel, Miss., for evidence relating to aggravated identity theft, fraudulent use of Social Security numbers and other crimes, as well as a civil search warrant for individuals illegally in the U.S.

As a result of the raid approximately 595 undocumented workers were arrested, making this the largest raid in Immigration's ongoing enforcement program.

ICE raids factory in Mississippi arresting 350 workers

On Monday, ICE agents raided the Howard Industries factory in Laurel, Mississippi, arresting 350 suspected illegal workers.

ICE launches Scheduled Departure, to allow non-criminal fugitive aliens opportunity to leave without arrest and detention.

New ICE program gives non-criminal fugitive aliens the opportunity to avoid arrest and detention, while they coordinate their removal with Immigration. This pilot program will be available in 5 cities. Non-criminal fugitive aliens who live in and around Santa Ana, San Diego, Phoenix, Chicago and Charlotte can visit their local immigration office to discuss their departure plans.

House Immigration Subcommittee approves EB recapture and RN/PT bills

The House Immigration subcommittee approved two key employment immigration related bills. The first would allow for the "recapture" of about 500,000 unused visa numbers from previous years, that were not allocated due to processing delays. This would result in eliminating most if not all of the employment based quota backlogs. The second bill would provide for up to 20,000 green cards for RN's and Physical Therapists. Congress has now adjourned for their August recess. Hopefully, these bills will be passed when it returns.

Immigration to Encourage Illegal Aliens to Voluntarily Turn Themselves in for Deporation

ICE announced a program to "encourage" the undocumented to report for deportation. Offering no inducement to do so, the agency simply asks that people turn themselves in. It is unclear why this even warranted an announcement.

House to mark-up proposed immigration reform bill

Today the House Sub-Committee on Immigration will be marking up 3 bills regarding employment based immigration, which would allow among other things the recapture of thousands of unused visa numbers. The bottom line is that it is still possible that there may be some immigration reform this year.

Department of Justice report reveals political hiring of Immigration Judges

The Department of Justice - Officer of Inspector General issued a report that revealed among other things that the hiring process for Immigration Judges was highly politicized. Immigration Judges, a non-partisan career position, were required to be loyal supporters of President Bush.

Immigration changes vaccination requirements to obtain green card

Immigration has changed the vaccination requirements to adjust status to legal permanent residents. In addition to the current required vaccinations, they will now require the following additional ones after August 1st: Rotavirus, Hepatitis A, Meningococcal, Human papillomavirus, and Zoster. The new form I-693, Report of Medical Examinations and Vaccination Record, June 5, 2008 edition will be required for all medical exams completed on or after August 1, 2008

Executives of McDonald's Franchise Plead Guilty to Immigration Offenses

On July 16, 2008, executives of a McDonald's franchise in Nevada plead guilty to federal felony immigration offenses regarding their employment of illegal alien workers.

Immigration Raids Hawaii Apartment Complex

ICE executes federal search warrants at Waipahu apartment complex in ongoing worksite probe. 43 illegal aliens employed at local farm operation are arrested on immigration violations. The 43 aliens taken into custody were all males and citizens of Mexico. Immigration removal proceedings have been initiated in all 43 cases.

Immigration Raids Continue

Immigration continues to aggressively raid workplaces across the country. The most recent raids took place in Rhode Island courthouses, where ICE agents arrested numerous janitors, and in a cement factory in Colorado, where 18 undocumented workers were arrested.

Immigration Announces New Special Immigrant Visa for Certain Iraqi Nationals

Immigration announced guidelines for a new special immigrant visa for certain Iraqi nationals who worked for, or were contractors of the the US government for at least one year after March 20, 2003. They have authorized 5,000 special immigrant visas for Iraqi employees for each fiscal year through 2012 as well as for their spouses and children.

Arizona Immigration Law Mandating Employer Use of E-verify has gone into effect

Arizona has become the first state in the nation to legally mandate that all of its employers utilize the "E-verify" program to verify the work authorization of all new employees. Currently, E-verify is a pilot program instituted by Immigration on a voluntary basis only.

Department of Labor announces debarment of immigration software company

The U.S. Department of Labor (DOL) announced today that it has formally debarred LawLogix Group, Inc. from filing applications for permanent labor certifications for a period of 3 years. Ironically, LawLogix is a company that designs and sells software to process labor certification programs. LawLogix submitted more than 100 applications using the permanent program's online filing system in the last year, apparently for the sole purpose of testing the parameters of the department's electronic processing system.

Department of Labor initiates major PERM crackdown

The U.S. Department of Labor has initiated "supervised recruitment" of permanent labor certifications filed by the law firm of Cohen & Grigsby. This follows fast upon the heels of the announcement last month that the DOL was auditing all PERM applications filed by the Fragomen law firm, one of the biggest immigration law firms in the US.

South Carolina enacts Immigration Law

South Carolina has passed a new law which mandates among other things that all employers must participate in the "E-verify" program. This is a voluntary pilot program to electronically verify employees work authorization; however, more and more states are now requiring it to be mandatory.

Eli Kantor is selected to be AILA Media Liaison

AILA, the American Immigration Lawyers Association, has selected Eli Kantor to serve as its Media Liaison for the Southern California Chapter for a third consecutive year.

Immigration Arrests Two Supervisors in Agriprocessors Case

Immigration has arrested two supervisors in the Agriprocessors Case in Pottsville. They are alleged to have assisted workers at the plant in obtaining fraudulent work authorization documents.

Immigration Raids Washington Aircraft Parts Manufacturer

Immigration raided a Puget Sound aerospace manufacturer, Aerospace Manufacturing Technologies, Inc. (AMT) , arresting 32 illegal workers. AMT is a leading supplier of frame and interior parts for commercial and military aircraft, including the Boeing 737 and 777. According to Leigh Winchell, special agent in charge of ICE's office of investigations in Seattle. "Today's enforcement action is part of ICE's ongoing nationwide effort to shut down the employment magnet fueling illegal immigration.

Immigration Arrests more than 160 employees at a Houston rag-exporting company

As part of its ongoing stepped up enforcement efforts to investigate worksites, Immigration raided a Houston rag-exporting company, Action Rags USA, an international supplier of used clothing and arrested more than 160 employees

Immigration Issues New I-9 Employment Eligibility Verification Form

Immigration has issued a new I-9 Employment Eligibility Verification Form and posted it to its website www.uscis.gov. It is effective 06/16/08. The previous editions of Form I-9 will not be accepted.

House approves extension of EB-5 Pilot Program

On Friday the House of Representatives approved an extension of the EB-5 Regional Center Pilot Program until 2013. This program provides for an investor green card based upon a $500,000 investment in an approved targeted regional center.

A Bipartisan group of Senators Introduced a bill to improve detention conditions of asylum seekers and detainees

A bipartisan group of senators introduced a bill to improve the conditions of asylum seekers and other detainees in detention.

EB-3 Visas to be unavailable until October

Effective with the publication of the July Visa Bulletin, EB-3 visas will become unavailable from July 1, 2008 until the start of the new fiscal year on October 1, 2008. Immigration has confirmed that they will still accept adjustment cases for filing through June 30, 2008. This highlights the extreme need for more visas for highly skilled workers for our economy.

House to hold hearings on additional visas for skilled workers today

The House sub-committee on Immigration, chaired by Rep. Zoe Lofgren (D) will hold hearings today on the need for additional visas for skilled workers and nurses.

Immigration Announces that it will issue EAD cards for 2years

DHS secretary Chertof announced that Immigration will begin to issue EAD - Employment Authorization Documents for a period of 2 years, instead of 1 year, for persons who are pending adjustment of status; that is they are waiting for their green card applications to be processed. This will save a substantial amount of work for employers, employees as well as Immigration, since applicants will not have to apply to renew their EAD card while their application is pending.

State Department Issues July Visa Bulletin

The State Department issued the July Visa Bulletin. The EB-3 category for skilled workers has retrogressed and become unavailable for the rest of the fiscal year, until October 1st.

White House issues executive order limiting federal contracts to e-verify employers

The White House issued an executive order which limits the issuance of federal contracts to employers who use immigration's "e-verify" program, that electronically verifies the work authorization of its employees.

House to hold hearings on need for green cards for highly skilled workers

On June 12, 2008, the house sub-c0mmittee on immigration will hold hearings on the need for green cards for highly skilled workers. These hearings will be held in connection with 3 recent bills regarding expansion of visas for highly skilled workers.

Anti-Immigrant Groups file suit to Block Extension of OPT

A coalition of anti-immigrant groups filed suit to block the implementation of a recent Bush administration regulation that extends the period of OPT, occupational practical training, from 12 months to 29 months, for certain college graduates in computers, math and engineering. They are contending that the administration lacked the power to implement this regulation, and that this is really just an "end-run" around the 65,000 H-1B visa cap, which has been exhausted.

Immigration Raids French Restaurant in San Diego

On May 15, 2008, ICE agents raided the French Gourmet in Pacific Beach and arrested 18 of the company's workers. According to ICE, this raid is part of Immigration's ongoing nationwide effort to shut down the employment magnet fueling illegal immigration.

Congress proposes bill to exempt some foreign graduates of US universities from quota

Earlier this week, Represenative Zoe Lofgren (D. California), introduced a bill in Congress that would exempt foreign graduates of US universities from the EB quota, provided that they had advanced degrees in the so called "STEM" subjects: Science, Technology, Engineering and Math. If this bill passed it would greatly alleviate the backlog in the EB - employment based categories and also would allow the US to remain competitive in the 21st Century.

Congress to introduce new bill for Employment Based Green Cards

Representative Zoe Loefren is proposing a new bill in Congress to exempt certain advanced degree graduates from US universities in math and science from the quota for employment based visas. Microsoft and other High-tech companies are strongly lobbying for it so that the US can remain competitive in the 21st Century.

State Department Issues June Visa Bulletin

The State Department has just issued the June visa bulletin. While the EB-2 numbers for China and India moved forward, the EB-3 numbers did not move forward at all, and are still at 03-01-06 for worldwide.

Immigration Agents Are Apprehending Illegal Aliens Returning to Mexico

The LA Times reported today that Immigration has a new policy of setting up random checkpoints near the Mexican border on I-5 south in order to arrest illegal aliens returning to Mexico. When they are apprehended, they are turned over to the Border Patrol, which processes them, and sends them back to Mexico a few hours later, unless they have a criminal record or previous immigration violations.

Immigration announces a proposal to increase periods of stay for TN's

Immigration announced a proposal to increase periods of stay for TN professional workers from Canada or Mexico from 1 to 3 years.

Immigration Raid Stirs Protest

Immigrants' Rights advocates protested in front of the San Francisco Immigration office to protest the recent raids of a Mexican restaurant chain that netted 63 undocumented workers. The immigration raids took place on Friday at 11 locations of the Bay Area chain El Balazo. The raids were part of Immigration's stepped up workplace enforcement to fight the employment of undocumented workers.

Congress proposes two bills to recapture unused visas

On April 23, 2008, a bill was introduced by Representative Zoe Lofgren that would recapture 225,000 employment-based visas lost to bureaucratic delays and to prevent losses of family and employment-based visas in the future.

On April 29, 2008, she introduced another bill that would eliminate the per country level for employment-based visas and to end the spill over of unused immigrant visa numbers between the employment-based and family-sponsored categories.

The net effect of both of these bills, if passed, would be to greatly reduce the employment based visa backlog.

Congress proposes bill to provide emergency relief for Nurses

Congressman Robert Wexler introduced a bill, the Emergency Nursing Supply Relief Act, that would provide relief for the shortage of nurses in the U.S. The bill would provide for 20,000 green cards for registered nurses and physical therapists per year.

Immigration Approves LA Film Regional Center for Investor Visas

USCIS has approved the Los Angeles Film Regional Center for the EB-5 Pilot Program. This will allow immigrant investors to obtain green cards by investing $500,ooo in the L.A. Film Regional Center.

Congress proposes bill to recapture unused immigration visas

Congress introduced a bill to recapture unused permanent immigrant visa that are lost every year due to Immigration processing delays. This would not increase the total number of immigrant visas authorized by Congress. Rather, it would merely allow all of the visas that were allocated to be utilized.

May Day Demonstrations

On May 1st, several May Day Pro-Immigration Reform Demonstrations will be held in Los Angeles, New York and other major metropolitan areas.

New Immigration Medical Exam Form To Go Into Effect On May 1st

Effective tomorrow, May 1st, all medical examinations conducted for immigration purposes must use the new form I-693.

Immigration Advises re: Medical Exam Form Change

Immigration has clarified its policies regarding the new Medical Exam, Form I-693. the form changes go into effect May 1, 2008, in conjunction with the CDC's exam changes. The previous edition of the form will be accepted as long as the civil surgeon/health department's signature is dated before May 1, 2008. An additional grace period of 30 days is under review to allow adequate time to inform the 5,000 plus civil surgeons.

Immigration Issues New Medical Exam Form

Immigration has issued a new Medical Exam Form - I-693. It is available on their website: www.uscis.gov. The old form will be valid until 05/01/08.

Eli Kantor quoted in Houston Chronicle Article on Immigration Raids

The April 21st edition of the Houston Chronicle quoted Eli Kantor regarding the wave of immigration raids To read the article go to: www.chron.com/disp/story.mpl/chronicle/5716412.html

House to Hold Hearings on Immigration

The House Judiciary Committee announced that they will be holding hearings to attempt to reform the current "broken immigration system".

Immigration Agents Raid Duncan Donuts in Texas

ICE agents raided an institution in Texas - the Duncan Donuts processing plant. This raid is part of a pattern of recent raids throughout the US to demonstrate that they are enforcing immigration laws. The underlying message is that the Bush Administration is "tough" on immigration, unlike the Democrats who are "soft". There is also a more subtle motive behind the recent upsurge. They want to inflict enough pain on the business community to pressure them to put more pressure on their legislators to enact comprehensive immigration reform.

Pope Speaks Out on Immigration

Pope Benedict on his first visit to the US, spoke out in favor of "human dignity" for immigrants.

House passes extension to Religious Worker Visa

Yesterday, the House of Representatives passed an extension of the R-1 visa, for religious workers, extending its coverage to non-ministers.

Immigration Posts New I-765 Form on Website

Immigration has posted a new I-765, Employment Authorization form on its website:www.uscis.gov.

Immigration Agents Raid Mexican Restaurants

ICE Agents made 11 criminal arrests of owners and managers of Mexican restaurants in 7 States, including: New York, Pennsylvania, Ohio, West Virginia and Georgia, charging them with harboring illegal aliens. In addition, they have detained 45 employees.

Immigration Agents Raid Pilgrim's Pride Poultry Plants

ICE agents raided Pilgrim's Pride Poultry Plants in Arkansas and 5 other states and detained numerous workers.

Immigration conducts H-1B Lottery

On Monday, April 14th, Immigration conducted the random lottery for H-1B visas. Successful applicants will be advised by June 2, 2008, the others will receive their filing fees back in the mail.

Immigration and the FBI have reached an agreement to reduce the name check backlog

Immigration and the FBI have reached an agreement for a timetable for the FBI to reduce the "name check" backlog in stages, to no more than 30 days by June 2009.

May Visa Bulletin Issued

The State Department issued the May Visa bulletin. Significantly, the EB-3 Category advanced forward 8 months. Other changes were more modest.

Senate to Consider Bill to Raise the H-1B Visa Cap

On Thursday, after Immigration announced that they had received 163,000 applications for 85,000 slots, the Senate introduced a bill that would temporarily raise the H-1B Visa Cap to 145,000 annually for a period of 3 years.

Under the Same Moon- "La Misma Luna"

Eli Kantor saw a new film, Under the Same Moon - La Misma Luna, a Spanish language film depicting the plight, struggles and ultimate redemption of a 9 year old Mexican boy, who enters the US illegally in an attempt to be reunited with his mother. The film sensitively portrays the lives of undocumented immigrants as well as the hardships that their departure has upon their relatives back in Mexico. It is a must see for all those concerned with immigration, regardless of their politics.

LA City Council to consider allowing Police to question suspected gang members immigration status

Councilman Dennis Zine has proposed a modification to Special Order 40 which prevents police from questioning suspects regarding their immigration status. The LA City Council will consider the proposal.

Mayor Villarogosa writes letter to Immigration condemning workplace raids

Los Angeles Mayor Villarogosa wrote a letter to Secretary Michael Chertoff, the head of the DHS condemning the recent workplace raids by Immigration in Los Angeles. He suggested that Immigration shift its priorities to targeting gangs and unscrupulous employers, instead of going after law abiding employers.

Immigration Announces 163,000 H-1B applications received

Immigration announced that it had received 163,000 H-1B applications. More than 31,000 of these visas were for jobs requiring a Masters degree. Immigration will first conduct a random lottery of those 31,000 for the 20,000 advanced degree slots. Those not selected will then go into the lottery for the 65,000 slots for H-1B visas. Therefore, there will be 143,000 applicants vying for 65,000 visas. Making the odds about 50/50.

Eli Kantor meets with Congresswoman Lucille Roybal-Allard

On Thursday, April 10, 2008, as part of the AILA, the American Immigration Lawyers Association's, "Day of Action", Eli Kantor met with Ana Figueroa, the district chief of staff for Congresswoman Lucille Roybal-Allard, the representative of the 34th District to lobby her for Comprehensive Immigration Reform. Eli Kantor discussed a current proposal for increasing the H-1B visa cap, the STRIVE Act and other immigration matters. The meeting was very successful and Congresswoman Roybal will continue to push for Comprehensive Immigration Reform, as opposed to piece meal solutions.

Immigration arrests 59 workers at Virginia Resort

On April 8, 2008 ICE raided a resort in Leesburg, Virginia. They interviewed 100 of the resort employees and arrested 59 of them.

Immigration Announces that H-1B Cap has been reached

Immigration announced that the 65,000 H-1B cap has been reached today. Accordingly, as they did last year they will conduct a lottery of all applications received from April 1st to April 7th. Those selected will then be processed for H-1B visas with a start date of October 1, 2008

Today is the Deadline for H-1B Visa Lottery

Today, Monday April 7th is the deadline for Immigration to receive applications for H-1B visas in order to participate in the lottery for the 2008-2009 fiscal year.

Man Who Pled Guilty to Marriage Fraud Scheme Sentenced to 4 months in Jail

A man who pleaded guilty to participating in a marriage fraud scheme, was sentenced to 4 months in jail. A Russian woman, posted an ad on Craig's List offering to pay someone to marry her for immigration purposes. The man answered the ad and agreed to the scheme. They were both prosecuted. She has not been sentenced yet.

Immigration to Extend OPT

Immigration has issued a new rule extending optional practical training for F-1 Students, from 12 to 29 months in certain cases. However, there are numerous restrictions as to who can qualify for this extension.

Arizona Slamming Door on Immigrants

The April 5, 2008 edition of the LA Times ran a front page story about the adverse impact of Arizona's employer sanctions and other anti-illegal immigrants on both legal and illegal immigrants. The result of these aggressive policies is that thousands of undocumented Mexican workers have left Arizona for New Mexico or have returned to Sonora, Mexico. Even legal Mexican Immigrants have lost their jobs and have been wrongfully arrested. Many are afraid to leave their homes.

Immigration Announces Accomodation for H-1B Petitions Sent to the Wrong Service Center

DHS announced today that they will make a temporary accommodation for H-1B visa cap subject petitions sent to the wrong Service Center.

Immigration Announces Shorter Backlog for Naturalization

After facing stinging criticism over the increased processing delays for Naturalization cases, which will prevent thousands of persons from voting in the November presidential elections, Immigration has increased their working hours to include nights and Saturdays to help reduce the backlog. As a result they have announced that the backlog has now been substantially reduced to about 1 year.

Immigration Waives Laws to Finish Fence This Year

In an aggressive move to finish building 670 miles of border fence by the end of 2008, the Department of Homeland Security waived federal environmental laws to meet that goal. Congress gave Homeland Security Secretary, Michael Chertoff the power to waive federal law in order to build the fence quicker.

Eli Kantor to meet with Congressmen

On April 10,2008, as part of the American Immigration Lawyers Day of Action, Eli Kantor will be meeting with Congressman Xavier Becerra and Congresswomen Lucille Royball in order to lobby them to enact Comprehensive Immigration Reform.

Immigration to Appeal Injunction on No-Match Letters

Immigration has announced that in addition to modifying the rule re: Mismatch letters, they will also file an appeal to the 9th Circuit Court of Appeals to seek to overturn the injunction enjoining Immigration from enforcing their new rules re: Mismatch letters. It appears to be determined to use mismatch letters as a weapon to coerce employers to fire all employees whose social security numbers don't match or face prosecution.

7 Days left to file your H-1B Visa Application

The countdown to March 31st, the day to file your H-1B visa application is approaching. Although Immigration has indicated that they will accept all applications received through April 7th to participate in the H-1B lottery, it is still strongly recommend to file on April 1st.

Congress proposes bill to increase H-1B visas

Congress has proposed a bill that would increase the number of available H-1B visas from the current 65,000 cap to 195,000.

Immigration announces new rules for H-1B visas

USCIS has issued new rules regarding the procedures for filing H-1B visas. The rules would prohibit employers from filing multiple H-1B petitions for the same employee in order to ensure a fair and orderly distribution of available H-1B visas. Also, since it is anticipated that the 65,000 visa cap will be reached on the first day - April 1st, Immigration will accept H-1B visa petitions for the first 5 business days thru Monday, April 7th, and then conduct a lottery to determine which ones to accept.

New Proposed Rule Re: No-Match Letters

The DHS released today a Supplemental Proposed Rulemaking for the No-Match Rule previously issued on August 15,2007. This rulemaking addresses three issues cited in a decision of the U.S. District Court for the Northern District of California enjoining the August 2007 No-Match Rule.This supplemental proposed rulemaking provides a more detailed analysis of how DHS developed the No-Match policy and will supposedly help responsible employers ensure that they are not employing unauthorized workers. The underlying purpose of the proposed new rule is to avoid the parts of the old rule that the Court found to be objectionable, so as to create a new rule that would not be subject to an injunction.

Get Ready to File H-1B Visa Application by April 1st

On April 1, 2008, the DHS will start to accept applications for H-1B visas. Since Congress has only allocated 65,000 visas, it is strongly recommended that you file on April 1st, because last year all of the visas were used up on the first day.

Illegal Reentry to the US - now the #1 crime prosecuted by the US Attorney

The LA Times reported that the #1 crime now being prosecuted by the US Attorney's office in Los Angeles is illegal reentry of an alien who was previously ordered deported. This is due to a policy shift in the priorities of the US Attorney's office. The program is expected to be expanded to the entire Southwest region.

Emilio Gonzalez to resign as head of DHS

Emilio Gonzalez announced that he will resign as head of the DHS in order to spend more time with his family. The DHS is currently facing massive processing delays. Hopefully, the Bush administration will promptly appoint a replacement, who will process the massive backlog in an efficient and fair manner, but don't hold your breath.

Bill Gates Lobbys Congress for more H-1B Visas

Bill Gates testified before Congress urging them to expand the 65,000 quota for H-1B visas so that the US could maintain its competitive edge in the Computer industry.

Computer Industry Pushes Congress for More H-1B visas

With the April 1st date for the filing of H-1B visas fast approaching, Computer Industry leaders are lobbying Congress to increase the 65,000 visa cap, which was filled on the first day to apply last year. However, with unemployment up and an economic recesssion looming, in an election year, the chances for any positive immigration legislation are extremely slim. At this time, Congress is looking at Enfocement Only legislation.

Both Parties Push Immigration Crackdown

As the election year heats up, both political parties, Democrats and Republicans are pushing for a crackdown on illegal immigration. Although the proposals are impractical and mostly symbolic, they play well with voters in an election year. With unemployment numbers going up and the fears of a looming recession, illegal immigrants make a convenient scapegoat for the nation's economic woes. Therefore, Congress is proposing to increase fines on aliens caught crossing the border illegally, putting more money into the border fence with Mexico, and threatening to withhold federal funds to Police Departments in cities that don't question immigrants legal status.

ATTENTION SMALL BUSINESS OWNERS: Immigration recently announced that a revised Employment Eligibility Verification Form I-9 will be required effective on December 26 .2007. The new Form I-9 has significant changes that remove five documents for proof of both identity and employment authorization. Employers must use the amended Form I-9 (Rev. 06/05/07) for all employees hired on or after November 7, 2007. Employers who fail to use the new form after December 26.2007 may be subject to penalties by Immigration and Customs Enforcement (ICE). Note, employers only need to complete the new version of Form I-9 for new employees. They do not need to complete new forms for existing employees. However, they must use the new I-9 Form when their employees require re-verification.This is all part of ICE's new aggressive workplace enforcement strategy, which has included a huge upsurge in workplace raids by ICE in response to growing political pressure. They are aggressively enforcing laws that are already on the books, which prohibit an employer from "knowingly" employing an unauthorized alien. Consequently, employers need to get ready now, so that they will be prepared when Immigration knocks on the door. Here are seven secrets to surviving an Immigration Audit: #1 Do An Internal I-9 Audit Now. Don't wait for Immigration to raid your workplace or to send you a letter demanding to inspect your I-9 Forms within 72 hours to first review them. Do it now. Compare your payroll with your I-9 forms and make sure that you have an I-9 Form for all employees. Make sure that they all have been filled out correctly and completely and that you have started to use the new revised I-9 Form (Rev. (06/05/07).#2 Centralize the I-9 Process. Train 1 or 2 employees in the technical process of filling out I-9 forms. Then have them always be in charge of completing the I-9's , instead of random supervisors, who may or may not be familiar with the process. #3 Do Not Put the I-9's in the Employee's Personnel file. Keep the I-9 forms in a separate file. You don't want to have to turn over your employee's personnel files to Immigration, since they contain privileged information. (You can put a copy of the I-9 in the employee's personnel file, if you want, but keep the originals separate.) #4 Always Examine the Original Documents - Not Copies. It is critical that you examine the original document, "green card", drivers license or social security card, not a copy. Make sure that you are using the revised list of approved documents, effective December 26, 2007.#5 Copy the Front and Back of All Documents that were Examined, and Attach to the I-9. Although employers are not legally required to make a photocopy of the documents that they examined, doing so, demonstrates the employer's good faith, and if questioned, the employer can point to what documents they relied upon, even if they ultimately prove to be fraudulent. #6 Establish a Written Policy that Fraud in the Employment Application Process, Will be Grounds for Termination. By doing so, the employer will clearly have the right to terminate an employee if it later discovers that he submitted fraudulent documents to obtain employment. #7 If you Receive a Social Security Mismatch Letter, Contact Your Attorney First, Before Responding. The Social Security Administration is sending thousands of Social Security Mismatch Letters to Employers, informing them that there is a "mismatch" in the names and social security numbers of some of the employer's employees. Although a Federal Court Judge has issued a preliminary injunction preventing ICE from sending letters together with the SSA, there may be serious legal consequences for the employer. Therefore, immediately contact experienced legal counsel before responding.

Employers Beware: Fines For Immigration Violations To Increase Exponentially

EMPLOYERS BEWARE:
FINES FOR IMMIGRATION VIOLATIONS TO INCREASE EXPONENTIALLY


On February 22, 2008, Attorney General Michael B. Mukasey announced higher civil fines against employers who violate federal immigration laws. The new rule will become effective as of March 27, 2008.

Under the Immigration and Nationality Act, employers may be fined for knowingly employing unauthorized aliens, for failing to comply with the requirements relating to employment eligibility verification forms, for wrongful discrimination on the basis of nationality or citizenship, and for immigration-related document fraud.

Under the new rule, these fines will increase by as much as $5,000 per alien. For example, the minimum penalty for knowingly employing unauthorized aliens will increase from $275 to $375. The maximum penalty for a first violation will increase from $2,200 to $3,200. The penalty for multiple violations will increase from $11,000 to $16,000.

Now that the civil fines will be increased dramatically, it is more crucial than ever for employers to protect themselves from Immigration Audits. The following list contains seven secrets to surviving an Immigration Audit:

#1 Do An Internal I-9 Audit Now. Don't wait for Immigration to raid your workplace or to send you a letter demanding to inspect your I-9 Forms within 72 hours to first review them. Do it now. Compare your payroll with your I-9 forms and make sure that you have an I-9 Form for all employees. Make sure that they all have been filled out correctly and completely and that you have started to use the new revised I-9 Form (Rev. (06/05/07).

#2 Centralize the I-9 Process. Train 1 or 2 employees in the technical process of filling out I-9 forms. Then have them always be in charge of completing the I-9's , instead of random supervisors, who may or may not be familiar with the process.

#3 Do Not Put the I-9's in the Employee's Personnel file. Keep the I-9 forms in a separate file. You don't want to have to turn over your employee's personnel files to Immigration, since they contain privileged information. (You can put a copy of the I-9 in the employee's personnel file, if you want, but keep the originals separate.)

#4 Always Examine the Original Documents - Not Copies. It is critical that you examine the original document, "green card", drivers license or social security card, not a copy. Make sure that you are using the revised list of approved documents, effective December 26, 2007.

#5 Copy the Front and Back of All Documents that were Examined, and Attach to the I-9. Although employers are not legally required to make a photocopy of the documents that they examined, doing so, demonstrates the employer's good faith, and if questioned, the employer can point to what documents they relied upon, even if they ultimately prove to be fraudulent.

#6 Establish a Written Policy that Fraud in the Employment Application Process, Will be Grounds for Termination. By doing so, the employer will clearly have the right to terminate an employee if it later discovers that he submitted fraudulent documents to obtain employment.

#7 If you Receive a Social Security Mismatch Letter, Contact Your Attorney First, Before Responding. The Social Security Administration is sending thousands of Social Security Mismatch Letters to Employers, informing them that there is a "mismatch" in the names and social security numbers of some of the employer's employees. Although a Federal Court Judge has issued a preliminary injunction preventing ICE from sending letters together with the SSA, there may be serious legal consequences for the employer. Therefore, immediately contact experienced legal counsel before responding.

Sponsor Your Employees For H-1B Visas By April 1, 2008!

SPONSOR YOUR EMPLOYEES FOR H-1B VISAS BY APRIL 1, 2008!, Feb. 28, 2008
By Eli M. Kantor

The number of new H-1Bs issued each year in the United States is subject to an annual congressionally-mandated quota. Each H-1B quota applies to a particular Fiscal Year, which begins on October 1. Applications for the upcoming Fiscal Year are accepted beginning on the preceding April 1 (or the first working day after that date).

All employers who are thinking about filing for an H-1B visa, for fiscal year 2009, must do so as early as April 1, 2008; otherwise, they are taking the chance that the quota will run out for 2009. In 2007, The U.S. Citizenship and Immigration Services ("USCIS") received approximately 120,000 petitions, and the quota of 65,000 petitions (which were randomly selected) was filled on the first date filing was permitted, April 1.

In addition to the 65,000 quota, there is a separate allocation of 20,000 additional H-1B visas for those with a Masters degree or higher, earned at a U.S. university. For the fiscal year 2007, this allocation was filled approximately four weeks after the first permissible date of filing.

The H-1B is the most frequently obtained temporary work visa under the non-immigrant visa category in the United States under the Immigration & Nationality Act, section 101(a)(15)(H), and is available for full-time employment.

The H-1B classification is for "specialty occupations" only, which requires theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor's degree or its equivalent as a minimum.

If the occupation requires a license to perform the duties of the job, the alien must have that license prior to the approval of the H-1B petition. H-1B work-authorization is strictly limited to employment by the sponsoring employer.

Only "new employment" is covered under the 65,000 H-1B quota. Someone who has received an H-1B within the last six years and applies for another H-1B with a different employer is not subject to the quota. H-1B extensions as well as H-1B petitions by institutions of higher education or related or affiliated nonprofit entities, or nonprofit research organizations, or governmental research organizations are also not counted against the quota.

Below is a list of common errors that cause an H-1B petition to be rejected:

1. Incorrect fees: It is suggested to submit fees in separate checks. This lessens the likelihood of unintentional math errors when calculating the total fees due.

2. Inconsistent and incorrect answers on form I-129 and supplements. Double check the petition for consistency.

3. If your worker is or has been a J-1 worker, note that Part C, #4 of I-129 H-1B Data collection Supplement does not refer to all Js with a waiver of 2 year foreign residency rule (212e). Do not check "yes" unless your worker is a doctor who has been granted a Conrade 30 waiver to work in a medically underserved area.

So, if you're an employer looking to sponsor an employee for an H-1B visa, do not delay! Contact experienced legal counsel immediately, since it takes several weeks to translate transcripts and have an equivalency evaluation for college and work experience and to prepare all necessary forms.

File the petition by April 1, 2008, and file it correctly. Incorrect applications will not be accepted, and this may prevent or slow down the process of obtaining the H-1B process considerably.