In continued efforts to combat forgery and tampering of immigration documents, the U.S. Citizenship and Immigration Services (USCIS) unveiled an enhanced Certificate of Naturalization (Form N-550) certificate that is received after taking the Oath of Allegiance to the United States and serves as evidence of citizenship. This security enhancement comes after the USCIS recently introduced a new, security-enhanced green card back in May, and showcases the USCIS’ continued commitment to improve the integrity of the immigration system.

The redesigned naturalization certificates include the following enhancements:

Embedded digitized photo and signature Background featuring color-shifting ink Certificates printed utilizing tamper-resistant technology A standardized size of 8 ½ by 11 inches Automated production process...

Catholic Healthcare West (CHW), the eighth-largest health system in the nation, resolved allegations with the Department of Justice last week for engaging in a pattern or practice of citizenship discrimination during the new hire I-9 process.   The terms of the settlement establish conclusive judgments that CHW mandated non-U.S. citizens and naturalized U.S. citizens to provide more work authorization documents than what is asked of native-born U.S. citizens and what is required by federal law.  Unfair documentary practice is prohibited by the Immigration and Nationality Act, whose objective is to prevent employers from discrimination based on the employee’s national origin or citizenship status.  

**Register for VISANOW’s upcoming HR.com webcast to learn more about I-9s and avoiding discrimination/non-compliance on November 18.**

CHW’s indictment will cost them $257,000 in civil penalties as well...

The U.S. Citizenship and Immigration Services (USCIS) released H-1B cap numbers as of 10/22, receiving 44,300 toward the 65,000 cap-subject H-1B petitions and 16,200 towards the 20,000 H-1B Master's category.

Thus, H-1B cap numbers remain available, and there is still time to submit your FY2011 H-1B visa application for foreign national applicants beginning employment on October 1, 2010 or later.

Contact your immigration services provider to see if this is an option for you/your foreign national or learn more about best practices for preparing your FY2011 H-1B application.

Photo attribution: http://www.flickr.com/photos/8042373@N03/

As we approach the final stretch of campaigning for mid-term elections, it’s impossible to avoid the ad attacks invading various media outlets throughout the nation.   Immigration is one of the issues that has been the subject of many recent ad attacks. Candidates are quickly pointing fingers at opponents who either support or neglect immigration reform and construct a conflicting argument.  Since Arizona adopted a controversial immigration law in April 2010, immigration reform was mixed back into the national conversation and became a dividing issue for the midterm elections.   The current economic climate, coupled with increased violence in Mexico, has justified many candidates’ reasoning for opposing immigration reform and using it as a headliner in the upcoming election.

Historically, the strategy of running anti-immigration policies has backfired for candidates in the past.  If we look at 2006,...

Fiscal year 2011 is now underway and the government’s strategy shift in immigration enforcement is ongoing as the ICE (United States Immigration and Customs Enforcement) released record-breaking figures revealing the highest deportation numbers and the most employer audits in our nation’s history.  The Department of Homeland Security (DHS) announced a goal back in 2009 to focus accountability on employers, who they believe are the root of the illegal immigration problem.   While the system is designed to prosecute businesses that consciously hire illegal immigrants, many of the audits have resulted in fines for respectable employers and small businesses that unknowingly filled out I-9 forms incorrectly, immigrant and non-immigrant employers alike.

The Obama administration has made drastic changes since the presidency of George W. Bush, who focused on tracking down the workers themselves and arresting on the spot.  These workplace raids were costly and gained criticism about their efficiency and parity.   The new objective is to reduce the supply that attracts undocumented workers from the get-go, with a cost-effective and evenhanded process.   

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The November 2010 Visa Bulletin shows some measured progress, signaling that Fiscal Year 2011 may be one of relatively slow advancement.  In contrast, the priority date for spouses and children of lawful permanent residents confirms speculation that the category may become current relatively soon.

In the employment-based Visa Bulletin, every category showed at least a week or two of progress except for the EB second preference category for Indian nationals.  This is the third month in a row where the cut-off date for that category has held at 05/08/2006.  This most likely indicates that the government is still working to clear out the backlog of green card applications for those whose priority dates are now current.

Meanwhile, the other categories show small gains:

Chinese nationals in the EB-2 category moved ahead by 10 days, to 06/01/2010. In the...

The U.S. Citizenship and Immigration Services (USCIS) released H-1B cap numbers as of 10/8, receiving 41,900 toward the 65,000 cap-subject H-1B petitions and 15,400 towards the 20,000 H-1B Master's category.

Thus, H-1B cap numbers remain available, and there is still time to submit your FY2011 H-1B visa application for foreign national applicants beginning employment on October 1, 2010 or later.

Contact your immigration services provider to see if this is an option for you/your foreign national or learn more about best practices for preparing your FY2011 H-1B application.

Photo attribution: http://www.flickr.com/photos/8042373@N03/

At the end of September, Senators Robert Menendez of New Jersey and Patrick Leahy of Vermont introduced an expansive immigration bill that aims to revitalize the nation’s immigration system and offer a comprehensive solution to the 11 million illegal immigrants currently in the United States.  The bill highlights six general categories including border, interior, and worksite enforcement policy, a legalization program for undocumented citizens, employment and family based immigration, and an immigrant integration system. 

Even though both political parties have acknowledged a need to re-establish the current shortcomings in the system, many concede that the bill has a marginal chance of reaching a vote due to the timing of the upcoming elections and the controversy involved.  The Democratic leaders may be using this action to reinforce their pro-immigration partisan views but...

The first Visa Bulletin of Fiscal Year 2011 has been released and been met with some relief.  There were widespread concerns there would be some degree of retrogression (i.e., backwards movement in priority dates), especially in the second employment-based category for Indian and Chinese nationals after all of the unused immigrant visa numbers for other countries were no longer available.  However, this month’s bulletin confirms continued forward movement.

In the employment-based Visa Bulletin, every category either remained at the same cutoff date or moved forward:

In the EB second preference category, China moved ahead by 2 weeks, to 05/22/2006, while India remained steady at 05/08/2006.  While EB-2 for India did not move forward, the good news is that the dates did not retrogress.  It remains to be seen, though, whether the government was efficient enough...

It is difficult to imagine an activity that involves disclosing more personal information to more people than applying for a visa.  Your recent addresses, employment history, financial compensation, social security number and dependent names are just some examples of information certain visas require.  While the visa application process requires this information, corporations and individuals are becoming increasingly sensitive to employee’s privacy concerns and liability from breaches of data security.

What can you do to protect your employee’s personal data?  Most importantly, understand what information is being requested and why.  Then only provide that information.  Too often immigration service providers request more information than needed.  By understanding what and why something is needed, you reduce the risk of providing and entrusting the information unnecessarily.  Avoid communicating sensitive data and documents insecurely through methods like e-mail and ensure that data and documents are transmitted securely.  Most importantly, work with immigration service providers who are committed to securing your physical documents and electronic information in accordance with best practices in data security.  Verify their claims by asking who has access to your information, how that information is restricted and how long it is retained. 

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