As of February 11, the United States Citizenship and Immigration Services (USCIS) announced that they have started issuing a combined employment and travel authorization card for applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status in the U.S.  The new card is indistinguishable from the existing Employment Authorization Document (EAD) except it now includes additional text on the front of the card which reads “Serves as I-512 Advance Parole.”   The combined card will eliminate the need to carry both the EAD in addition to paper forms of Advance Parole, a more durable and secure solution.  Obtaining the card allows the ability for applicants waiting on adjustment of status to travel abroad and return to the U.S. without dropping the pending adjustment application.  For employers, the employment verification processes remain...

On March 18, 2011, the E-Verify system (an electronic verification system that compares an employee’s I-9 information with government databases) will host a new feature, known as Self Check, which allows individual employees to check their employment eligibility status and have the opportunity to correct any verification errors prior to beginning a new job.  The United States Citizenship and Immigration Services (USCIS) announced the addition of Self Check in response to criticisms that the existing E-Verify system offered limited opportunities for an employee to access identification information and rectify inaccuracies that may lead to a tentative nonconfirmation (TNC), which is a temporary notice given when an employee’s I-9 information does not match government files.  In addition to reducing the amount of TNC notifications, another goal of Self Check is to decrease the employer/HR involvement and lessen the wait time involved with a mismatch by allowing employees to facilitate corrections on the spot.  Employers should be aware that Self Check cannot be used as a screening tool; the system is available only after an employment offer has been extended, but can be used before the actual date of hire.  ...

Beginning April 1, 2011, Canada’s Temporary Foreign Worker Program (TWFP) adopts a number of significant changes and regulations jointly affecting employers, HR, and foreign workers. For employers to now be eligible for the TWFP, they must prove previous compliance with the rules and regulations of the program for the past two years or face a possible two year probation penalty, prohibiting the employer from hiring a temporary foreign worker (TFW).   In addition to compliance, employers will be subject to a more intense evaluation of employment offers before Citizenship and Immigration Canada (CIC) will authorize a work permit.

The recent economic condition coupled with increased demand for temporary labor has challenged the CIC to further regulate fair treatment of TFWs and eliminate exploitation of the program.  Even though the new TFWP regulations go into effect on April 1, employers will be assessed retroactively on their participation in the program from April 1, 2009. Thus, employers should take this opportunity to review all work permits since April 1, 2009 to guarantee that wages, working conditions and occupation have remained valid from the original employment offer. CIC will publicly issue a list of any employers found to be non-compliant on their website, who will at minimum, be banned for two years from participating in the TFWP.

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For those seeking hope after the DREAM Act’s defeat in lame duck this year President Obama’s second State of the Union address last month did not deliver.  The brief mention of immigration mirrored much of what was said in 2010, referencing the president's stance on border security, comprehensive immigration reform and illegal students, while avoiding mention of a tangible plan during his discussion.   What has undoubtedly gained more attention on the immigration front is the first ever State of America’s Homeland Security address given by Secretary Janet Napolitano and her follow-up invitation late last week for top Democrats and Republicans in Congress to witness the condition at the Mexican border firsthand this spring. 

Since Obama's inauguration, immigration activists have been hanging onto promises of a plan for comprehensive immigration reform. Instead, employer enforcement has taken precedence, and they argue that the two tactics are...

Chipotle Mexican Grill is the latest business to make headlines in late January due to an Immigration and Customs Enforcement (ICE) audit in Minnesota that lead to the dismissal of hundreds of employees. 

The news of Chipotle’s inspection reiterates not only the importance of I-9 and immigration compliance but also the seriousness of the government’s continued efforts to carry out the Obama administration’s plan to place more accountability on employers.  The administration has even gone as far as to designate an office, named the Employment Compliance Inspection Center, to carryout audits more frequently with the appropriate staff, handling all sizes of employers.  It’s clear that the government is not easing up on I-9 compliance enforcement. Employers need to be prepared, and there are many steps that employers can take to minimize their non-compliance...

The United States Citizenship and Immigration Services (USCIS) recently released an updated version of The Handbook for Employers, Instructions for Completing Form I-9.   Also known as the M-274, the handbook provides guidance on Form I-9, E-Verify, and verification procedures to help employers avoid malpractice and discrimination. The update includes additional employment eligibility guidance and new illustrations to exemplify sample documents. Further, many sections of the manual have also been simplified and reorganized. There are several changes to be aware of and certain benefits to take advantage of, especially in regards to documenting the employment authorization of foreign national employees. To avoid non-compliance risk, I-9 administrators should review the handbook and contact VISANOW...

The U.S. Department of State’s (“DOS”) February 2011 Visa Bulletin continues the trends of prior months, with continued forward movement for the employment-based Visa Bulletin, but either no movement or retrogression (i.e., the backward movement of priority dates) in most preference categories.  The DOS confirmed that the increased demand is the result of more family-based applicants with very early priority dates now becoming “documentarily qualified” to be granted their immigrant visas. In the employment-based Visa Bulletin, almost every category with a cutoff date moved forward.  There were no giant leaps ahead of more than 30 days, but even small gains are indicative of the fact that the DOS seems to have gotten a handle on predicting employment-based demand and is able to keep these categories moving.

In the EB second preference category, China moved ahead by 9 days, to 07/01/2006.  India remains...

On January 27, 2011, the United States Citizenship and Immigration Services (USCIS) announced that the H-1B cap has been met and will no longer accept new H-1B petitions for employment in fiscal year 2011 (which started on October 1, 2010). Now that the cap has been met, the USCIS will conduct a “lottery” of petitions received on the final receipt date of January 26, 2011 (not postmarked date). Cases not selected in the lottery or received after January 26, 2011 will be returned. 

Three options exist if you have already submitted an H-1B case and are waiting for approval:

If you received a government receipt of an already submitted H-1B petition, your case will proceed as normal  If you submitted your H-1B petition prior to January 26th, but did not receive a receipt, you will be either notified that your petition was selected to proceed (by receipt) or notified of rejection*  If your petition was postmarked...

A customer survey of the E-Verify system (an employment verification system operated by the Department of Homeland Security (DHS) and the Social Security Administration (SSA)), given to more than 4,500 random employers has been released, finding high approval ratings and favorable feedback amongst users.  The results of the customer satisfaction survey were coincidentally published in accordance with the Government Accountability Office’s (GAO) report indicating widespread improvements in accuracy and fraud reduction of the E-Verify system.    

Both reports help validate the United States Citizenship and Immigration Service’s (USCIS) claim that given the appropriate resources from the Obama administration, E-Verify...

The Department of Homeland Security’s (DHS) list of countries eligible to participate in this year’s H-2A (for temporary agricultural jobs) and H-2B (for temporary non-agricultural jobs) programs became effective Tuesday, January 18, 2011.  The DHS, in consultation with the Department of State (DOS), has accepted 53 countries whose foreign nationals can apply for short-term work opportunities in the U.S.  The new list was published in the Federal Register today and is only valid for one year from the date of publication.     Both the DHS and the DOS take into account several factors when determining the list of approved countries, some considerations include the country’s cooperation with the distribution of travel documents and other statistics in regards to the citizens and nationals of that country that may interest the U.S. The 2011 list...