12/17 Free Webcast: Workplace Enforcement: How to Ensure
I-9 and H-1B Compliance in the Employment of Foreign Nationals
The U.S. government is intensifying efforts to enforce immigration compliance on
a large scale. The potential risks associated with non-compliance make this topic
a top priority for employers nationwide.
1,000 companies nationwide were issued Notices of Inspection (NOIs) from the Immigration
and Customs Enforcement Agency (ICE) in late November that their I-9 records will
be audited within three days - more than doubling the total number of inspections
in 2008. Additionally, the Office of Fraud Detection and National Security (FDNS)
is also cracking down on H-1B compliance with plans to conduct 25,000 on-site inspections
- nearly a five-fold increase from last year.
I-9 and H-1B non-compliance can result in both civil and criminal charges potentially
translating to hefty fines and even imprisonment for employees and employers. The
threat of government audits and raids makes the need to have compliance best practices
in place urgent. Attend VISANOW's webcast to learn more about the potential risks
of I-9 and H-1B Labor Condition Application and Public Access File non-compliance,
how to respond to a government inspection, and get practical advice on how to avoid
those risks and achieve compliance:
Workplace Enforcement: How to Ensure I-9 and H-1B Compliance in the Employment of
Foreign Nationals
Thursday, December 17
2:00 p.m. ET/ 1:00 p.m. CT
Register now.
This webcast will cover:
- Ramifications of the latest enforcement
announcements
- Risks of non-compliance
- How to effectively handle a visit
from the ICE or what to do if you receive a NOI
- Practical advice how to work towards
and achieve compliance for I-9s and H-1B Labor Condition Application and Public
Access Files
VISANOW Blog: Your convenient source of relevant and timely immigration news
The VISANOW Global Immigration Blog has been up and running for 3 months now. In
addition to our monthly newsletters, it offers more timely updates as we post 2-3
times a week. Check out the content already published
and sign up to get the latest immigration news even faster. We cover a wide
range of topics such as U.S. and International immigration updates, Immigration
Reform insights, immigration best practices and industry resources and fun stuff
like immigration-related book and movie reviews.
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U.S. Immigration News
The Long-Term Reality of E-Verify
Early September, E-Verify, a web-based employment verification system operated by
the Department of Homeland Security (DHS) and the Social Security Administration
(SSA), became a requirement for federal contractors and subcontractors to verify
the employment eligibility of new hires and any employees working on government
contracts. Further, in late October, funding for E-Verify was extended for an additional
three-year term, and has been even been touted as a replacement for the former SSA
No-Match Letter system. Now, DHS has even launched a campaign to promote the
usage of E-Verify to employers (in most states voluntary). It is clear that the
government is committed to E-Verify as long-term, primary means of ensuring valid
employment authorization.
Whether employers have to use E-Verify depends on state legislation and other factors.
Use of E-Verify, even if voluntary, can have implications employers should carefully
assess before making a decision and we encourage you to check with your immigration
services provider.
Mandated E-Verify use only affect contractors awarded new contracts on or after
the rule’s effective date of September 8, 2009 that include the Federal Acquisition
Regulation (FAR) clause. U.S. federal contractor employers who are not currently
enrolled in E-Verify, or who do not use E-Verify, should look to their executed
federal contracts for guidance. Affected employers need to enroll in the E-Verify
program within 30 days of the date of the awarded contract, and are then obligated
to verify all new hires made within 90 days of enrollment and verify any existing
employees that are assigned to work on the federal contract. Employers already enrolled
in E-Verify who are subject to the federal contractors rule do not need to re-enroll
and only need to update their existing accounts to show their status as federal
contractors, and verify individual employees as described above. When enrolling
in E-Verify, be certain to open accounts properly, indicating federal contractor
status at the time they establish their accounts. Also, at the time of enrollment,
employers are required to sign a Memorandum of Understanding, or “MOU”. The MOU
creates specific obligations for the U.S. employer; thus, employers should be very
careful to closely review the terms of the MOU before signing to be sure they are
able to undertake all of the responsibilities that enrollment in E-Verify creates.
Further, DHS is even trying to promote E-Verify to employers and has launched a
campaign to promote the usage of E-Verify to employers, by highlighting current
users as examples to follow in doing the right thing – verifying their workforce.
However, it is important to note that E-Verify is currently voluntary for employers.
There are implications to using E-Verify and even legislation in some states that
make it illegal to participate. Thus, it’s important to confer with your immigration
services provider before undertaking the decision to participate in E-Verify.
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New
Naturalization Test Now in Effect
Naturalization is the last step to obtaining U.S. Citizenship for qualified legal
permanent residents who do not qualify for citizenship based on a familial relationship.
Previously, applicants who filed an N-400, Application for Naturalization prior
to October 1, 2008 had the choice of taking the old test or the new naturalization
civics exam, but now the new test is fully implemented as of October 1, 2009. With
hopes that the new test will strengthen integration efforts, the test emphasizes
fundamental concepts of American democracy, basic U.S. history, and the rights and
responsibilities of citizenship.
If you have questions on the new naturalization civics exam, please contact your
immigration services provider.
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December 2009
Visa Bulletin
Priority dates in the December Visa Bulletin largely remained the same, confirming
the U.S. Department of State’s (DOS) prior announcement that visa demand already
exceeds projections made at the beginning of the fiscal year.
T
he DOS had announced in the
November Visa Bulletin that demand for immigrant visa numbers by the U.S. Citizenship
and Immigration Services (CIS) turned out to be greater than originally predicted
at the beginning of the fiscal year. This is reflected in the December Visa
Bulletin, in which most dates remain unchanged, except for the following:
-
The priority date for Indian nationals
in the EB third category (skilled workers, professionals, and other workers) moved
to May 1, 2001. This is the third month in a row this category has seen forward
movement.
-
The priority date for Indian nationals
in the EB third category (other workers) also moved to May 1, 2001. However, this
is overall a net movement backwards from the October Visa Bulletin, where the priority
date was June 1, 2001.
-
New legislation passed in late October
restored Immigrant visa numbers for the EB fourth category for non-minister religious
workers and the EB fifth category for investors participating in the pilot program
which provides for immigration if the intending immigrant’s investment creates ten
new jobs.
The DOS offered no predictions as to the progression
of priority dates for the other categories. It remains to be seen whether
any significant progress can be expected for the rest of the fiscal year.
Employment-Based Visa Bulletin for December 2009
|
Employment-Based
|
All Other
Countries
|
China (mainland
born)
|
India
|
Mexico
|
Philippines
|
|
1st
|
C
|
C
|
C
|
C
|
C
|
|
2nd
|
C
|
04/01/2005
|
01/22/2005
|
C
|
C
|
|
3rd
|
06/01/2002
|
06/01/2002
|
05/01/2001
|
06/01/2002
|
06/01/2002
|
|
Other Workers
|
06/01/2001
|
06/01/2001
|
05/01/2001
|
06/01/2001
|
06/01/2001
|
|
4th
|
C
|
C
|
C
|
C
|
C
|
|
Certain
Religious Workers
|
U
|
U
|
U
|
U
|
U
|
|
5th
|
C
|
C
|
C
|
C
|
C
|
|
Targeted
Employment Areas/Regional Centers
|
C
|
C
|
C
|
C
|
C
|
|
5th
Pilot Programs
|
C
|
C
|
C
|
C
|
C
|
Legend
- C = current as there is no waiting period necessary
to file the I-485
- U = unavailable as visa supply has been exhausted
for the remainder of fiscal year, or legislation creating the category has expired
- Date indicated = cut-off date that indicates a backlog;
if the priority date (date the labor certification or I-140 was filed, depending
on the type of case) is BEFORE date listed, the I-485 can be filed
Employment-based Preferences
- First: Priority Workers
- Second: Members of the Professions Holding Advanced
Degrees or Persons of Exceptional Ability
- Third: Skilled Workers, Professionals, and Other
Workers
- Fourth: Certain Special Immigrants
- Fifth: Employment Creation
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International Immigration News
Proposed Changes to Increase Scrutiny on Canada’s Temporary Foreign Worker Program
The proposed changes to Canada’s Temporary Foreign Worker Program will be part of
the government’s effort to prevent the abuse of foreign workers and to ensure the
Temporary Foreign Worker Program as a whole is not being abused by allowing long-term
employment to foreign workers as the temporary worker program is meant to address
the short term (four year maximum) occupational shortages in Canada.
While an implementation date has not been given, it is expected that the changes
will come into effect within the next two months. The increased scrutiny will translate
to increased processing time for employers. Work with your immigration provider
to ensure sufficient processing time and compliance of the Temporary Worker Program.
The changes include a stern review of the job offer given to the foreign worker.
Additionally immigration officials will review the employer’s compliance history
in relation to labor laws to assess if there have been any previous violations.
A two year prohibition from hiring foreign workers will be implemented if the employer
is found to have working conditions, wages, or jobs that are different that initially
promised. The government will also measure the time the foreign worker stays in
Canada before returning home. After a Temporary Worker spends a cumulative four
years in Canada, they would not be able to work in Canada for six years thereafter.
Consequently, employers in violation with these program revisions will named publicly
as violators on the Canada Citizenship and Immigration website.
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UAE Federal Residency Law Rule to be Strictly Enforced
The United Arab Emirates (UAE) has recently announced the strict enforcement of
the Federal Residency Law, which cancels the residency permit of any foreigner that
leaves or remains outside of the UAE for more than six months. In an effort to monitor
the movement of expatriates in and out of the UAE, the strict enforcement of this
rule is effective immediately. Previously, expats who had been out of the country
for six months could just fill out a form at the airport to re-enter, but now expats
will be denied entry because of their invalid residence permit.
Expats that are not aware of this change will be denied entry to the UAE for not
having a valid residence permit, as residence permit will need to be secured prior
to arrival in the UAE. As increased border scrutiny is a recurring theme in global
immigration, we recommend that employers prepare and plan ahead to ensure compliance
if an employee is going to be out of the UAE for six months.
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