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VISANOW Voice Newsletter - March 2010

4/12 VISANOW Webcast: How to get I-9 Compliant Before Getting Audited by the Government

The increasing threat of government audits and raids means your organization needs to get I-9 compliant now. The U.S. Immigration Customs and Enforcement (ICE) agency is increasing I-9 enforcement focused on employers. Since July 2009, ICE has issued over 1,834 Notices of Inspection (NOIs) to businesses across the country, and non-compliant employers face fines of $100-$1,000 per paperwork violation, debarment from government contracts and even administrative or criminal arrests.

Attend VISANOW's "How to get I-9 Compliant Before Getting Audited by the Government" webcast to learn:

  • I-9 rules and how to avoid common mistakes such as requesting specific documents from employees or accepting the wrong documents as work authorization proof
  • Compliance process best practices including electronic I-9 storage and how to conduct internal audits
  • How the ICE inspection process works (e.g. Notice of Inspections, Notice of Intent to Fine, etc.), what inspectors are looking for and how to handle a visit/audit
  • E-Verify 101: Federal and state usage rules and advantages/disadvantages of voluntary use
  • The penalties/sanctions of non-compliance and how fines are determined for "knowingly hire and continue to employ" and "substantive verification" violations
  • A practical approach to getting compliant: 5 minute demo of I9NOWTM, VISANOW's online I-9 preparation/storage solution with optional E-Verify validation
  • Live Q&A with an immigration attorney

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Ensure Legal Immigration Compliance: New Chapter Streamline Immigration & Increase ROI eBook Discover 10 best practices that challenge the traditions and myths surrounding immigration law/legal services and will streamline your immigration process. New Chapter 8 published: Ensure legal immigration compliance.

In this chapter, you will learn:

  • Employment eligibility compliance rules for foreign national employees: I-9/E-Verify and H-1B (Labor Condition Applications, Public Access Files
  • Common compliance mistakes and how to avoid them
  • Advantages and disadvantages of participating in E-Verify
  • A 4-step rapid compliance process and how to kickstart a preventative internal audit to identify risks
  • Effective response strategies to government visits/audits by Immigration and Customs Enforcement (ICE), the Department of Labor (DOL) or the Fraud Detection and National Security (FDNS)
  • Chapter includes: Acceptable Documents Quick Reference

Download the white paper.

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U.S. Immigration News


DHS Announces E-Verify Program Enhancements

Last week, the Department of Homeland Security (DHS), announced a trio of initiatives to strengthen the "efficiency and accuracy of the E-Verify system" and address 1) the discrimination and employer misuse process 2) the public education of the E-Verify program and process.

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New Hope for the EB-1 Green Card Category

The Ninth Circuit Court of Appeals recently ruled that the U.S. Citizenship and Immigration Services (USCIS) unlawfully imposed extra requirements on an "extraordinary ability" (EB-1) green card case filed on behalf of a theoretical physicist. The case involved a theoretical physicist whose EB-1 immigrant petition was denied because he did not demonstrate the research community's reactions to his scholarly publications. The Ninth Circuit found that this requirement was an arbitrary one with no basis in actual immigration law.

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New Permanent Residence Form Changes: Form I-140 and I-485

New Permanent Residence form changes are now in effect for Form I-140 and I-485. While most of the changes were format modifications, and won't have major ramifications - you should just be aware of the changes and ensure you are using the correct forms.

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ICE to Issue 180 I-9 Audit Notices in the Southeast

U.S. Immigration and Customs Enforcement (ICE) is serving 180 Notices of Inspection (NOIs) to businesses (company names were not released because of ongoing investigations) in five southeastern states: Louisiana, Mississippi, Alabama, Arkansas and Tennessee. The NOIs are essentially notices that ICE is going to be auditing employers' I-9 records to determine compliance with employment eligibility laws.

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April 2010 Visa Bulletin

The U.S. Department of State (DOS) has released the first bulletin of the third quarter of Fiscal Year 2010. It was hoped that the new bulletin might contain adjustments to the DOS's January 2010 projections for cut-off date movement in the employment-based preferences, but no updates were offered.

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International Immigration News


Language Proficiency Required for Permanent Residence Applicants in Canada

Effective April 10, 2010, permanent resident applicants in Canada's Federal Skilled Worker and Experience class categories will now be required to prove their English and French language abilities at the time they apply to Citizenship and Immigration Canada (CIC).

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New Fees and Application Forms for Tier 1/Tier 2 Immigration Categories in the UK

April 6 2010 will be a busy day in UK immigration. On this day we will see changes to the Tier 1 and Tier 2 categories, new immigration fees, and new applications forms. The Tier 1 and Tier 2 changes stem from the Migration Advisory Committee's recommendations.

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Business Versus Work Visas in India

With the recent changes to India Immigration, many of our VISANOW client's ask: how do I know if my employee needs a business visa or work visa? This is such a vital question that the India Government has also taken steps to address this question. A Business Visa is granted to any foreign national who is visiting India for typical business meetings, to explore business opportunities, purchase/sell products in India. It is granted with multiple entries and for a period up to five years or shorter. A duration of stay is also stipulated on each visit by the India Mission. An Employment Visa is granted to any foreign national who will be taking up gainful employment in India. It is issued with a validity of up to one year. Registration with the FRO is required within two weeks of arrival in India.

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