Flynn & Clark, P.C. is
pleased to provide this Immigration Update as a service to our clients and
friends.
Headlines:
Ø
1.
U.S. Chamber of Commerce Challenges Legality of
E-Verify Requirement for Federal Contractors
- The U.S. Chamber of Commerce filed a lawsuit against the DHS challenging
the legality of requiring federal contractors to begin using E-Verify by
January 15.
Ø
2.
DHS Issues Interim Rule on I-9 Verification
Documents
- The interim rule, among other things,
requires that all documents presented during the verification process be
unexpired.
Ø
3.
US-VISIT Expanded To Nearly All Noncitizens
- The population of those subject to US-VISIT requirements has been expanded
to nearly all non-U.S. citizens, including lawful permanent residents, with
some exceptions.
Ø
4.
New York Documents Designated for Western
Hemisphere Travel Initiative
- DHS has designated enhanced driver's licenses and identity documents
issued by New York State as acceptable identity and citizenship documents
for entering the U.S. at land and sea ports of entry.
Ø
5.
EADs Extended for Salvadoran TPS Beneficiaries
-
USCIS announced an automatic extension of
the validity of Employment Authorization Documents (EADs) for eligible
Salvadoran TPS beneficiaries for six months, through September 9, 2009.
Ø
6.
Company Agrees To Pay Largest Settlement Ever in
Worksite Enforcement Case
- IFCO, the largest
pallet management services company in the U.S., has agreed to pay $20.7
million in civil forfeitures and penalties for employing undocumented
workers.
Ø
7.
DHS Issues Final Rule, Notice on H-2B Temporary
Nonagricultural Workers
- DHS has amended its H-2B regulations regarding temporary nonagricultural
workers and their U.S. employers.
Ø
8.
DHS Issues H-2A Final Rule
- DHS has amended its H-2A regulations regarding temporary and seasonal
agricultural workers and their U.S. employers.
Ø
9.
USCIS Announces New Mailing Address Format for
National Capital Region Offices
- USCIS announced a new address format for offices within the National
Capital Region (NCR), affecting all USCIS headquarters offices, the
Arlington Asylum Office, and the Washington District Office.
Also in this issue:
ABIL GLOBAL (New Section!)
New Publications and Items of Interest
Recent News from ABIL Members
Government Agency Links
Details...
1.
U.S. Chamber of Commerce Challenges
Legality of E-Verify Requirement for Federal Contractors
Under new regulations, federal
contractors and subcontractors will be required to begin using the E-Verify
online work authorization verification system starting January 15, 2009.
The U.S. Chamber of Commerce filed
a lawsuit on December 23, 2008, against the Department of Homeland Security
(DHS) that challenges the legality
of that requirement.
Joining the Chamber as co-plaintiffs in
the lawsuit, filed in the U.S. District Court for the District of Maryland,
were the Associated Builders and Contractors, the Society for Human
Resources Management, the American Council on International Personnel, and
the HR Policy Association.
Robin Conrad, executive vice president of
the National Chamber Litigation Center (NCLC), the Chamber's public policy
law firm, said, "the Administration can't use an Executive Order to
circumvent federal immigration and procurement laws. Federal law explicitly
prohibits the secretary of Homeland Security from making E-Verify mandatory
or from using it to reauthorize the existing workforce."
The Chamber's lawsuit challenges the
government’s use of an Executive Order coupled with federal procurement law
to make E-Verify mandatory for federal contractors with projects exceeding
$100,000 and for subcontractors with projects exceeding $3,000. The Chamber
also challenged expanding E-Verify to require the reauthorization of
existing workers.
"The DHS intends to expand E-Verify on an
unprecedented scale in a very short timeframe, and to impose liability on
government contractors who are unable to comply," said Randy Johnson, vice
president of Labor, Immigration and Employee Benefits at the Chamber. "Given
the current economy, now is not the time to add more bureaucracy and
billions of dollars in compliance costs to America’s businesses."
The Chamber is the world's largest
business federation, representing more than 3 million businesses and
organizations of every size, sector, and region. The American Immigration
Lawyers Association (AILA), among others, applauded the Chamber's challenge.
Charles H. Kuck, president of AILA, noted, "The idea of using an Executive
Order to go beyond clear federal immigration and procurement laws and to
impose liability on government contractors who are unable to comply is
simply misguided and unlawful."
2.
DHS Issues Interim Rule on I-9
Verification Documents
The Department of Homeland Security (DHS)
is amending its regulations governing the types of acceptable identity and
employment authorization documents and receipts that employees may present
to their employers for employment authorization verification (Form I-9). The
interim rule, effective February 9, 2009:
· requires
that all documents presented during the verification process be
unexpired;
· eliminates
List A identity and employment authorization documentation forms I-688,
I-688A, and I-688B (Temporary Resident Card and outdated Employment
Authorization Cards);
· adds
foreign passports containing certain machine-readable immigrant visas to
List A;
· adds
to List A as evidence of identity and employment authorization valid
passports for citizens of the Federated States of Micronesia (FSM) and
the Republic of the Marshall Islands (RMI), along with Form I-94 or Form
I-94A indicating nonimmigrant admission under the Compact of Free
Association Between the United States and the FSM or RMI ; and
· makes
technical updates.
The DHS noted that it issues temporary
I-551 stamps to legal permanent residents (LPRs) on either unexpired foreign
passports or the Arrival-Departure Record (Form I-94), to serve as temporary
documentation of LPR status while they wait for the actual Form I-551.
Although the regulations refer to temporary I-551 "stamps," the DHS noted
that the Department of State has been affixing machine-readable immigrant
visas (MRIVs) that contain a pre-printed temporary I-551 notation in the
foreign passports of those immigrating to the U.S. for several years. The
pre-printed temporary I-551 notation is triggered after the bearer is
admitted to the U.S. as an LPR. To update the regulations to reflect this
alternate temporary I-551 document, this rule modifies the reference in List
A [8 CFR 274a.2(b)(1)(v)(A)(3)] to temporary I-551 stamps on unexpired
foreign passports to include pre-printed temporary I-551 notation on MRIVs.
Because the pre-printed notation is not included on the I-94, this rule does
not make any changes to regulatory references to temporary I-551 stamps on
I-94s.
The rule also updates the list of
acceptable documents and receipts by including "Form I-94A" next to each
reference to the I-94 because the I-94A is nearly identical to the I-94
except that all fields are computer-generated rather than annotated by hand.
The interim rule also replaces the term
"employment eligibility" with
"employment authorization." The
amended I-9 form reflecting these and other form-related changes was
published as an attachment to this
rule for "informational purposes." USCIS's Web site still has the version of
the I-9 form that was revised June 5, 2007.
The interim rule is available at
http://edocket.access.gpo.gov/2008/pdf/E8-29874.pdf.
Questions and answers are available at
http://www.uscis.gov/files/article/I9_qa_12dec08.pdf.
3.
US-VISIT Expanded To Nearly All
Noncitizens
The Department of Homeland Security has
published a final rule, effective January 18, 2009, that expands the
population of those who will be subject to US-VISIT requirements to nearly
all non-U.S. citizens, including lawful permanent residents. Exceptions
include Canadian citizens seeking short-term admission for business or
pleasure under B visas and individuals traveling on A and G visas, among
others. Those subject to US-VISIT may be required to provide finger scans,
photographs, or other biometric identifiers upon arrival in the U.S.
Currently, noncitizens arriving at a U.S. port of entry with a nonimmigrant
visa, or those traveling without a visa under the Visa Waiver Program, are
subject to US-VISIT requirements with certain limited exceptions.
On August 31, 2004, the Department
promulgated an interim final rule that expanded the US-VISIT program to
include those seeking admission under the Visa Waiver Program and travelers
arriving at designated land border ports of entry. This rule also finalizes
that interim final rule and addresses public comments.
The final rule is available at
http://edocket.access.gpo.gov/2008/pdf/E8-30095.pdf.
4.
New York Documents Designated for
Western Hemisphere Travel Initiative
Effective December 2, 2008, the
Department of Homeland Security has designated enhanced driver's licenses
and identity documents (EDLs) issued by the state of New York as acceptable
identity and citizenship documents for entering the U.S. at land and sea
ports of entry. U.S. citizens possessing these EDLs will be permitted to
present the EDLs, in lieu of passports, as acceptable documents under the
Western Hemisphere Travel Initiative (WHTI) when entering the U.S. at land
and sea ports of entry.
On October 27, 2007, the Secretary of
Homeland Security and the Governor of New York signed a Memorandum of
Agreement (MOA) to develop, issue, test, and evaluate an enhanced driver's
license and identification card with facilitative technology to be used for
border crossing purposes. Under the terms of the agreement between DHS and
the State of New York, New York will only issue EDLs to U.S. citizens. EDLs
also may be issued as photo identification cards to non-drivers.
The notice is available at
http://edocket.access.gpo.gov/2008/pdf/E8-28535.pdf.
5.
EADs Extended for Salvadoran TPS
Beneficiaries
USCIS announced an automatic extension of
the validity of Employment Authorization Documents (EADs) for eligible
Salvadoran TPS beneficiaries for six months, through September 9, 2009.
Initially, the expiration date for Salvadoran EADs was March 9, 2009. USCIS
has automatically extended the EAD validity period to allow for the agency
to process and re-issue new EADs for such beneficiaries.
USCIS announced on September 24, 2008,
that it would extend through September 9, 2010, TPS status for nationals of
El Salvador who have already been granted TPS. Salvadoran nationals (and
people having no nationality who last habitually resided in El Salvador) who
had been granted TPS must have re-registered for the 18-month extension
during the 90-day re-registration period that ended on December 30, 2008.
TPS does not apply to nationals of El Salvador who entered the U.S. after
February 13, 2001.
Details on the automatic extension of the
EADs, including the application requirements and procedures, were published
on December 15, 2008, at
http://edocket.access.gpo.gov/2008/pdf/E8-29511.pdf.
6.
Company
Agrees To Pay Largest Settlement Ever in Worksite Enforcement Case
After a large
worksite enforcement operation conducted by U.S. Immigration and Customs
Enforcement (ICE), IFCO Systems North America, headquartered in Houston,
Texas, and the largest pallet management services company in the U.S., has
agreed to pay $20.7 million in civil forfeitures and penalties over four
years for employing undocumented workers at its plants.
The settlement
amount includes $2.6 million in back pay and penalties relating to IFCO's
overtime violations with respect to 1,700 of its pallet workers. IFCO is
also paying $18.1 million in civil forfeitures that will be available to
support future law enforcement activities.
Following a tip to
ICE in February 2005 that undocumented workers at an IFCO plant in Albany,
New York, were observed ripping up their W-2 forms, on April 19, 2006, ICE
agents, in concert with other federal and state authorities, conducted a
worksite enforcement action at over 40 IFCO pallet plants in 26 states,
which resulted in the detention of 1,182 undocumented workers. The U.S.
Attorney's Office in New York has prosecuted several IFCO managers and
employees for criminal offenses associated with the employment of those
workers. To date, nine IFCO managers and employees have entered guilty pleas
related to such criminal conduct. Four managers are currently pending trial
on a felony indictment in the U.S. District Court in the Northern District
of New York and the investigation of IFCO employees is continuing. The IFCO
settlement agreement concerns only the liability of the corporation and does
not address any pending or possible future criminal charges against
individual employees, ICE noted.
ICE found that
several IFCO managers and employees harbored and transported undocumented
workers, and encouraged and induced them to remain in the U.S. as pallet
workers. An analysis of the payroll information IFCO submitted to the
Internal Revenue Service (IRS) and the Social Security Administration (SSA),
and the hiring patterns and practices at IFCO, suggested to ICE that from
2003 through April 2006, as many as 6,000 undocumented workers were employed
at IFCO pallet plants.
IFCO received
repeated notices from the SSA and others, dating back to at least 2000, of
irregularities in the social security numbers used for employment purposes
by many of its pallet workers. ICE found that IFCO failed to take
significant measures to verify the social security numbers of these workers,
and in 2004 and 2005, failed to make any effort to address the use of
invalid social security numbers by numerous pallet employees. Investigative
entities further concluded that at 30 of IFCO's pallet plants, the company
owed back wages to piece-wage pallet workers, the vast majority of whom were
undocumented. Under the settlement agreement, ICE noted, IFCO acknowledged
and accepted responsibility for the unlawful conduct of its managers and
employees, as described in the agreement. The agreement includes a
compliance and reporting program intended to prevent the employment of
undocumented workers at IFCO plants in the future. The company will take
remedial actions in hiring, such as using the E-Verify online work
authorization verification system for all new hires, and will verify the
social security numbers of all IFCO employees through SSA.
IFCO also must
maintain an employee hotline to receive reports of any suspected violations
of law at the company. The agreement runs through the year 2012, at which
time, if the company has been in full compliance with all of the agreement's
terms and conditions, the U.S. Attorney's Office will not seek to prosecute
the company for any criminal charges related to the conduct of its employees
before April 2006.
"Today's
announcement that IFCO Systems North America will pay the largest settlement
amount ever in a worksite enforcement case and the fact that nine IFCO
managers have admitted their guilt related to the employment of illegal
aliens will send a powerful message that ICE will investigate and bring to
justice companies which hire illegal workers," said John P. Torres, Acting
Assistant Secretary of Homeland Security for ICE.
Andrew T. Baxter,
Acting United States Attorney, stated, "This settlement accomplishes the
government's objective of deterring employers who might seek to subvert the
immigration laws of this country. The Agreement severely punishes IFCO for
its serious immigration and employment violations; but it also allows the
corporation to continue its operations, so that its lawful employees and
innocent shareholders do not suffer the consequences of a business failure
in this economy. It is our hope that the compliance and reporting
requirements under the agreement will serve as a model for other
businesses."
ICE's announcement
is at
http://www.ice.gov/pi/nr/0812/081219albany.htm.
7.
DHS Issues Final Rule, Notice on H-2B
Temporary Nonagricultural Workers
The Department of Homeland Security (DHS)
has amended its H-2B regulations regarding temporary nonagricultural workers
and their U.S. employers. The final rule, effective January 18, 2009,
generally removes the requirement for H-2B petitioners to state on petitions
the names of prospective H-2B workers who are outside the U.S. The rule also
reduces the waiting period from six months to three months for an H-2B
worker who has reached his or her maximum three-year period of stay in H-2B
nonimmigrant status before such person may seek an extension of nonimmigrant
stay, change of status, or readmission to the U.S. in any H or L
nonimmigrant status.
The rule also adjusts the definition of
"temporary services or labor," which is generally defined as a period of one
year but could be for a specific one-time need of up to three years. The
rule also eliminates the DHS's current practice of adjudicating H-2B
petitions where the Secretary of Labor or the Governor of Guam has not
granted a temporary labor certification. The rule also prohibits H-2B
petitioners from requesting an employment start date on the Petition for a
Nonimmigrant Worker (Form I-129) that differs from the date of need listed
on the approved temporary labor certification. The final rule requires H-2B
petitioners to notify the DHS when the H-2B worker fails to report for work,
is terminated before completing the work for which he or she was hired, or
absconds from the worksite.
The final rule also precludes employers
from passing the cost of recruiter fees charged by a petitioner, agent,
facilitator, recruiter, or similar employment service to prospective H-2B
workers as a condition of an offer of H-2B employment. Under this rule,
however, employers and H-2B workers may agree that certain transportation
costs and government-imposed fees be borne by H-2B workers, if the passing
of such costs to these workers is not prohibited under the Fair Labor
Standards Act or any other statute.
Moreover, the rule enforces existing
penalties in the case of an employer who fails to meet any of the conditions
of the H-2B petition, or who willfully misrepresents a material fact in the
H-2B petition. Employers who fail to meet the H-2B conditions or who
willfully make material misrepresentations on an H-2B petition may be
precluded from approval for a period of up to five years of any H (except
H-1B1), L, O, or P-1 nonimmigrant visa petition, or any immigrant visa
petition described in section 204 of the INA.
Nationals from the following countries
are eligible to participate in the H-2B visa program:
Argentina; Australia; Belize; Brazil;
Bulgaria; Canada; Chile; Costa Rica; Dominican Republic; El Salvador;
Guatemala; Honduras; Indonesia; Israel; Jamaica; Japan; Mexico; Moldova; New
Zealand; Peru; Philippines; Poland; Romania; South Africa; South Korea;
Turkey; Ukraine; and United Kingdom.
This rule also provides that DHS will
publish a notice in the Federal Register listing the countries that the
Departments of Homeland Security and State have designated as eligible for
their nationals to participate in the H-2B program.
Finally, this rule establishes a pilot
exit control program for certain H-2B workers, by requiring them to report
their departures at designated ports of entry. U.S. Customs and Border
Protection (CBP) published a notice in the Federal Register describing the
procedures and requirements for participation in this pilot program at
http://edocket.access.gpo.gov/2008/pdf/E8-29787.pdf.
The DHS also published a separate notice, effective January 18, 2009, announcing the manner in which H-2B petitioners must notify U.S. Citizenship and Immigration Services regarding their employment of nonagricultural workers in H-2B nonimmigrant status or job placement fee information. Among other things, the notice sets forth the procedures for H-2B petitioners to notify USCIS when:
-
an H-2B worker fails to report to
work within five work days of the employment start date on the H-2B
petition;
-
when the temporary labor or services
for which H-2B workers were hired is completed more than 30 days early;
or
-
when the H-2B worker absconds from
the worksite or is terminated before the completion of the temporary
labor or services for which he or she was hired.
Regulations require H-2B petitioners to
retain evidence of such notification sent to USCIS for a one-year period.
The notice further provides the
procedures for H-2B petitioners to notify USCIS, after an H-2B petition has
been filed, within two work days of learning that an H-2B worker paid a fee
or other compensation to a facilitator, recruiter, or similar employment
service as a condition of the offer of obtaining the H-2B employment.
The text of the final rule is available
at
http://edocket.access.gpo.gov/2008/E8-30094.htm.
The notice is available at
http://edocket.access.gpo.gov/2008/E8-30098.htm.
Another notice announcing the list of eligible H-2B countries is at
http://edocket.access.gpo.gov/2008/E8-30114.htm.
8.
DHS Issues H-2A Final Rule
The Department of Homeland Security (DHS)
has amended its H-2A regulations regarding temporary and seasonal
agricultural workers and their U.S. employers. The final rule, effective
January 17, 2009, lengthens the amount of time an agricultural worker may
remain in the U.S. after his or her employment has ended and shortens the
time period that an agricultural worker whose H-2A nonimmigrant status has
expired must wait before he or she is eligible for H-2A nonimmigrant status
again.
The rule also provides temporary
employment authorization for agricultural workers seeking an extension of
their H-2A nonimmigrant status through a different U.S. employer, provided
that the employer is a registered user in good standing with the E-Verify
employment eligibility verification program.
In addition, the rule modifies the
current notification and payment requirements for employers when a worker
fails to show up at the start of the employment period, an H-2A employee's
employment is terminated, or an H-2A employee absconds from the worksite.
The rule also requires certain employer attestations and precludes the
imposition of fees by employers or recruiters on prospective beneficiaries.
Under the final rule, the DHS also will
revoke an H-2A petition if the Department of Labor revokes the petitioner's
underlying labor certification.
Finally, the rule establishes criteria
for a pilot program under which workers admitted on certain temporary worker
visas at a port of entry participating in the program must also depart
through a port of entry participating in the program and present designated
biographical information upon departure. U.S. Customs and Border Protection
(CBP) will publish a notice designating which temporary workers must
participate in the program, which ports of entry are participating in the
program, and the types of information that CBP will collect from the
departing workers.
Nationals from the following countries
are eligible to participate in the H-2A visa program: Argentina; Australia;
Belize; Brazil; Bulgaria; Canada; Chile; Costa Rica; Dominican Republic; El
Salvador; Guatemala; Honduras; Indonesia; Israel; Jamaica; Japan; Mexico;
Moldova; New Zealand; Peru; Philippines; Poland; Romania; South
Africa; South Korea; Turkey; Ukraine; and
United Kingdom.
The DHS also published a notice, effective January 17, 2009, announcing the manner in which petitioners must notify U.S. Citizenship and Immigration Services regarding their employment of agricultural workers in H-2A nonimmigrant status or job placement fee information. Among other things, the regulations require H-2A petitioners to provide notification to DHS within two work days in the following instances:
-
when an H-2A worker fails to report
to work within five work days of the employment start date on the H-2A
petition or within five work days of the start date established by the
petitioner, whichever is later;
-
when the agricultural labor or
services for which H-2A workers were hired is completed more than 30
days early; or
-
when the H-2A worker absconds from
the worksite or is terminated before the completion of agricultural
labor or services for which he or she was hired.
The regulations also require H-2A
petitioners to retain evidence of the notification filed with DHS for a
one-year period beginning from the date of the notification. Petitioners who
use a different employment start date than that stated on the H-2A petition
must retain evidence of the changed start date and make such evidence
available for inspection by DHS officers for a one-year period beginning on
the newly established employment start date.
The final rule is available at
http://edocket.access.gpo.gov/2008/E8-29888.htm.
The notice is available at
http://edocket.access.gpo.gov/2008/E8-29786.htm.
The list of eligible H-2A countries is at
http://edocket.access.gpo.gov/2008/E8-29785.htm.
9.
USCIS Announces New Mailing Address
Format for National Capital Region Offices
U.S. Citizenship and Immigration Services
(USCIS) announced on December 3, 2008, a new address format for offices
within the National Capital Region (NCR), affecting all USCIS headquarters
offices, the Arlington Asylum Office, and the Washington District Office.
To ensure the timely delivery of USCIS
mail, correspondence addressed to the affected offices should list a unique
mailstop and corresponding ZIP code + 4 number. If the address does not list
a mailstop and corresponding ZIP code + 4 number, the correspondence will
still be delivered but may be subject to minor delays as a result of the new
mail process.
The new format for the address of the
Information and Customer Service Division, which handles all general
inquiries, is:
Information and Customer Service Division
MS 2260
U.S. Citizenship & Immigration Services
111 Massachusetts Ave. N.W.
Washington, D.C. 20529-2260
This address format change does not apply
to USCIS offices outside the National Capital Region (such as the Baltimore
District). It also currently does not apply to the Alexandria Application
Support Center.
The notice is available at
http://www.uscis.gov/files/article/update_addresschange_3dec2008.pdf.
The list of the unique mailstop and corresponding ZIP code + 4 number for
each affected office is at
http://www.uscis.gov/files/article/external_mailstop_plus_four_chart_3dec08.pdf.
ABIL GLOBAL
German business visas.
A new article by Dr. Gunther Mävers (bio:
http://www.abil.com/lawyers/lawyers-mavers.cfm),
"What One Should Know With Regard to a German Business Visa," has been
posted to the Alliance of Business Immigration Lawyers' Web site. Dr. Mävers
notes that employees of internationally operating companies often use a
visitor's visa for business trips to Germany without being aware of which
activities are actually permitted under this visa. Even if violations of the
legal provisions of residence and work permits are often unnoticed and
consequently not punished, Dr. Mävers says, there are considerable
consequences for all persons concerned if violations are detected. The
article, which provides information about compliance with visa requirements
when traveling to Germany on business, is available, along with other
articles by ABIL Global members, at
http://www.abil.com/global_immigration.cfm.
New Publications and Items of Interest
U.S. Citizenship and Immigration
Services Ombudsman reports.
USCIS's Ombudsman released several reports in December:
·
Observations on the
E-Verify Experience in Arizona & Recommended Customer Service Enhancements
found that mid-sized and large employers appear relatively satisfied with
the speed and accuracy of E-Verify. Smaller employers, however, expressed
varying levels of concern with user-friendliness. Also, the report found
that confusion remains about the exact timing and the specific processes
that employers and employees must follow after E-Verify returns a Tentative
Nonconfirmation (TNC) determination. Apart from these operational
observations, the Ombudsman found that USCIS outreach and education efforts
have been well received by system users, but may not be reaching
smaller-sized employers that represent 50 percent of the existing private
U.S. payroll. The Ombudsman
recommends that USCIS:
1. Simplify the language used in all
E-Verify instructions and supporting documentation.
2. Make all registration and operational
documents publicly available online for review by prospective E-Verify end
users and employees.
3. Ensure that USCIS's education and
outreach efforts reach small business communities.
4. Develop and add a tickler/calendar
system in E-Verify that can issue timely prompts to employers to advise them
of their next appropriate course of action for each specific open and
unresolved TNC.
5. Announce as a stated goal an intention
to replace the current Form I-9 employment authorization verification
process for employers that voluntarily use E-Verify.
The E-Verify report is available at
http://www.dhs.gov/xlibrary/assets/cisomb_everify_recommendation_2008-12-22.pdf.
· Improving
the Processing of "Schedule A" Nurse Visas
recommends that USCIS adjust its normal procedures for processing Schedule A
nurse applications. Specifically, USCIS should separate and prioritize, as
well as centralize, its process for these applications in accordance with
Congress's expressed concern about the national nursing shortage and to
ensure consistent adjudication of applications. In addition, the Ombudsman
suggested that USCIS may wish to consider establishing points of contact
with the Department of Labor (DOL) on the processing of Schedule A nurse
applications as partners hoping to achieve the same goal: the expeditious
processing of Schedule A nurse applications.
The Ombudsman recommends that USCIS (1) separate and prioritize Schedule A
green card nurse applications so that they can be expedited, without the
requirement of a written request, upon immigrant visa availability; and (2)
centralize Schedule A nurse applications at one designated USCIS service
center to facilitate more efficient and consistent processing of Schedule A
applications.
Additionally, the Ombudsman suggests that
USCIS regularly communicate with DOL and develop points of contact at DOL to
discuss concerns and direct inquiries regarding the processing of nurse
immigration applications.
The nurse report is available at
http://www.dhs.gov/xlibrary/assets/cisomb_ead_recommendation_36.pdf.
USCIS Ombudsman questions
and answers from teleconferences.
The Ombudsman's office has made available notes on the following topics from
its teleconferences:
The links to notes from these
teleconferences are available at
http://www.dhs.gov/xabout/structure/gc_1171038701035.shtm
(scroll down).
Recent News from ABIL Members
In an article published on December 16,
2008, in California Executive, "Stimulating the U.S. Economy Through
Immigration Reform," Angelo Paparelli (bio:
http://www.abil.com/lawyers/lawyers-paparelli.cfm),
managing partner of Paparelli & Partners LLP, said that approximately
500,000 allocated family- and employment-based visas are lost each year
"either because of paperwork delays, security clearances or ineptitude." Mr.
Paparelli also predicted an increase in the need for foreign workers as the
new administration embarks on an economic improvement plan. "I would say
that Obama has been blessed with an ability to act on his agenda very
quickly, because of the exigent economic realities. It appears that there
will be money for large infrastructure projects; I believe he has fallen
into a huge opportunity."
John Nahajzer (bio:
http://www.abil.com/lawyers/lawyers-nahajzer.cfm),
of Maggio & Kattar, P.C., was quoted in "Obama Could Raise Cap On H-1B
Skilled Workers," which was published on November 24, 2008, in Law360,
The Newswire for Business Lawyers (http://www.law360.com/).
An article by Mr. Nahajzer on electronic I-9 employment authorization
verification will appear in Workforce Management (http://www.workforce.com/index.html)
in January 2009. Mr. Nahajzer will be speaking at the American Health
Lawyers Association's conference, "Legal
Issues Affecting Academic Medical Centers and Other Teaching Institutions,"
to be held January 29-30, 2009, at the Ritz-Carlton in Washington, D.C. For
details, see
http://www.sonnenschein.com/docs/docs_healthcare/AMC09_brochure.pdf.
Alliance of Business Immigration Lawyers
speakers at the American Immigration Lawyers Association's (AILA) New York
Chapter annual immigration law symposium, held at the New York Marriott
Marquis on December 3, 2008, included Mr. Paparelli, Cyrus Mehta (bio:
http://www.abil.com/lawyers/lawyers-mehta.cfm),
Charles Kuck (bio:
http://www.abil.com/lawyers/lawyers-kuck.cfm),
and Bernard Wolfsdorf (bio:
http://www.abil.com/lawyers/lawyers-wolfsdorf.cfm).
Mr. Mehta was on an AILA Web seminar
panel on "Equivalency Degree
Issues for Advanced Practitioners," held on December 11, 2008.
Mr. Mehta and Poorvi Chothani (bio:
http://www.abil.com/lawyers/lawyers-chothani.cfm),
both ABIL Global members, will speak in Pune, India, on January 2, 2009, in
a program sponsored by the Indo-American Chamber of Commerce. Topics include
immigration to the U.S. pre- and post-Obama, and employing foreign nationals
in India.
Government Agency Links
Follow these links to access current
processing times of the USCIS Service Centers and the Department of Labor,
or the Department of State's latest Visa Bulletin with the most recent
cut-off dates for visa numbers:
USCIS Service Center processing times
online:
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Department of Labor processing times and
information on backlogs:
http://www.foreignlaborcert.doleta.gov/times.cfm
Department of State Visa Bulletin:
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
The Alliance of Business Immigration
Lawyers (ABIL) is an entity that offers a single point of contact for
customer needs, news alerts, staff training and other programs that benefit
the client through the collaboration of the 140 member attorneys and their
460 staff. Corporate counsel, human resource professionals, in-house
immigration managers and other corporate decision-makers turn to ABIL
attorneys for outstanding legal skills and services. ABIL's work also
includes advocating for enlightened immigration reform, providing speakers
and media sources, presenting conferences, publishing books and articles on
cutting-edge immigration topics, and sharing best practices, all with the
ultimate goal of offering value-added services to business immigration
clients.
The Alliance of Business Immigration Lawyers'
website is:
http://www.abil.com/.
Contact Your Flynn & Clark Attorney for Further Information
Steven A. Clark
Jane P. Devlin
Vincent W. Lau
Mary E. Gilbert
FLYNN & CLARK, P.C.,
is a member of ABIL, The Alliance of Business Immigration Lawyers. ABIL is an
entity that offers a single point of contact for customer needs, news alerts,
staff training and other programs that benefit the client through the
collaboration of the 140 member attorneys and their 460 staff. Corporate
counsel, human resource professionals, in-house immigration managers and other
corporate decision-makers turn to ABIL attorneys for outstanding legal skills
and services. ABIL's work also includes advocating for enlightened immigration
reform, providing speakers and media sources, presenting conferences, publishing
books and articles on cutting-edge immigration topics, and sharing best
practices, all with the ultimate goal of offering value-added services to
business immigration clients. This newsletter if produced through Flynn &
Clark's collaboration with ABIL.
Disclaimer/Reminder
This e-mail does not constitute direct legal
advice and is for informational purposes only. The information provided should
never replace informed counsel when specific immigration-related guidance is
needed.
