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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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top
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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