Wednesday, June 25, 2008
New I-9 Form
All employees, citizens and noncitizens, hired after November 6, 1986 and working in the United States must complete a Form I-9. See www.uscis.gov/files/form/I-9.pdf'
Tuesday, June 24, 2008
Boy George Denied a Visa
The U.S. Department of State has broad discretion in determining whether it will grant a person a visa to enter the U.S. In this case, it apparently decided that Boy George was ineligible due to his pending criminal case. See:
http://www.mail.com/Article.aspx?articlepath=APNews/General-Entertainment/20080624/People-Boy-George.xml&cat=entertainment&subcat=&pageid=1
http://www.mail.com/Article.aspx?articlepath=APNews/General-Entertainment/20080624/People-Boy-George.xml&cat=entertainment&subcat=&pageid=1
Deportation for Filing False Tax Return
5th Circuit Court finds that filing a false tax return can result in an aggravated felony for immigration purposes and therefore, deportation. See Arguelles-Olivares v. Mukasey, (5th Cir. Apr. 22, 2008).
Tuesday, June 10, 2008
2 Year EAD - Immigration Work Permit
http://www.cundyandmartin.com/
USCIS announced on June 9, 2008, a two year employment authorization document rather than the one year document that is currently used. For more information, see: http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm
The new two-year EAD is only available to individuals who have filed to become a lawful permanent resident (LPR) using a Form I-485, Application to Register Permanent Residence or Adjust Status, and filed for employment authorization under Section 274.a.12(c)(9) of Title 8, Code of Federal Regulations (8 C.F.R.) but are unable to become an LPR because an immigrant visa number is not currently available.
USCIS announced on June 9, 2008, a two year employment authorization document rather than the one year document that is currently used. For more information, see: http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm
The new two-year EAD is only available to individuals who have filed to become a lawful permanent resident (LPR) using a Form I-485, Application to Register Permanent Residence or Adjust Status, and filed for employment authorization under Section 274.a.12(c)(9) of Title 8, Code of Federal Regulations (8 C.F.R.) but are unable to become an LPR because an immigrant visa number is not currently available.
Friday, June 6, 2008
USCIS Update on Naturalization Applications
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today it has
centralized initial processing of all applications for naturalization (Form-400) at its National Benefits Center in Missouri. This change is part of the USCIS initiative to increase the efficiency of case management and improve customer service.
This internal administrative change will not change where applicants file their naturalization applications. Applicants will continue to file their naturalization applications (N-400), including all supporting documents and fees with the USCIS Service Center having jurisdiction over their place of residence. Applicants will also continue to report to a local field office for the interview and naturalization test.
USCIS will send applicants a notice when the Service Center transfers their application to the National Benefits Center for initial processing. USCIS will also inform the applicant how to contact the National Benefits Center and how to check their local USCIS field office processing times. USCIS will return to the sender any application mailed directly from the applicant to the National Benefits Center.
centralized initial processing of all applications for naturalization (Form-400) at its National Benefits Center in Missouri. This change is part of the USCIS initiative to increase the efficiency of case management and improve customer service.
This internal administrative change will not change where applicants file their naturalization applications. Applicants will continue to file their naturalization applications (N-400), including all supporting documents and fees with the USCIS Service Center having jurisdiction over their place of residence. Applicants will also continue to report to a local field office for the interview and naturalization test.
USCIS will send applicants a notice when the Service Center transfers their application to the National Benefits Center for initial processing. USCIS will also inform the applicant how to contact the National Benefits Center and how to check their local USCIS field office processing times. USCIS will return to the sender any application mailed directly from the applicant to the National Benefits Center.
Thursday, June 5, 2008
DOL Answers Questions about Fragomen Audit
www.cundyandmartin.com
DOL Information Paper below
Frequently asked questions on audit of permanent labor certification applications
filed by attorneys at Fragomen, Del Rey, Bernsen & Loewy LLP
(1) Why are we doing this?
The U.S. Department of Labor has a statutory responsibility to ensure that foreign workers are not hired to fill jobs where qualified, able and willing U.S. workers are available. To fulfill this responsibility, the Department requires employers to recruit for U.S. workers before foreign workers can be hired for permanent positions, and to attest to the Department in their applications that the job opportunity has been and is clearly open to U.S. workers and that any U.S. workers who applied for the job opportunity were rejected for lawful job-related reasons. Audits of applications are one of the major tools the Department uses to ensure program integrity.
The Department's regulations specifically prohibit an employer's immigration attorney or agent from participating in considering the qualifications of U.S. workers who apply for positions for which certification is sought, unless the attorney is normally involved in the employer's routine hiring process. Where an employer does not normally involve immigration attorneys in its hiring process, there is no legitimate reason to consult with immigration attorneys before hiring apparently qualified U.S. workers who have responded to recruitment required by the permanent labor certification program. The Department’s rule safeguards against the use of attorneys to find reasons not to hire U.S. workers that the employer would, but for the attorney’s involvement, deem qualified. The rule applies only to consideration of particular applicants, and does not bar employers from seeking general advice on the meaning of "qualified" in the context of a labor certification application.
The Department is auditing all employer applications filed by attorneys at Fragomen, Del Rey, Bernsen & Loewy LLP because it has information indicating that in at least some cases the firm may have improperly instructed clients who filed permanent labor certification applications to contact their attorney before hiring apparently qualified U.S. workers.
(2) What incident/incidents prompted this audit?
The Department identified information indicating that in at least some cases the firm may have improperly instructed clients who filed permanent labor certification applications to contact their attorney before hiring apparently qualified U.S. workers. Specifically, several recruitment forms drafted by some Fragomen attorneys instructed their clients that "After interview, should any of the applicants appear to be qualified for the position, please contact a Fragomen attorney
immediately to further discuss the candidate’s background as it relates to the requirements stated for said position," or some variation thereof.
(3) How unusual is this type of audit?
Audits of applications are one of the major tools the Department uses to ensure program integrity. Audits are conducted regularly. Where the Department identifies an employer or attorney that appears to have a practice that violates the program’s rules, the Department has authority to audit all applications submitted by that employer or attorney/agent to determine which, if any, were affected by the unlawful practice.
(4) Are the audits a form of punishment?
Audits are not a punishment. Audits are used by the Department to thoroughly examine applications to ensure that all program requirements have been properly followed. They are routine and regularly undertaken to ensure program
integrity. # # #
DOL Information Paper below
Frequently asked questions on audit of permanent labor certification applications
filed by attorneys at Fragomen, Del Rey, Bernsen & Loewy LLP
(1) Why are we doing this?
The U.S. Department of Labor has a statutory responsibility to ensure that foreign workers are not hired to fill jobs where qualified, able and willing U.S. workers are available. To fulfill this responsibility, the Department requires employers to recruit for U.S. workers before foreign workers can be hired for permanent positions, and to attest to the Department in their applications that the job opportunity has been and is clearly open to U.S. workers and that any U.S. workers who applied for the job opportunity were rejected for lawful job-related reasons. Audits of applications are one of the major tools the Department uses to ensure program integrity.
The Department's regulations specifically prohibit an employer's immigration attorney or agent from participating in considering the qualifications of U.S. workers who apply for positions for which certification is sought, unless the attorney is normally involved in the employer's routine hiring process. Where an employer does not normally involve immigration attorneys in its hiring process, there is no legitimate reason to consult with immigration attorneys before hiring apparently qualified U.S. workers who have responded to recruitment required by the permanent labor certification program. The Department’s rule safeguards against the use of attorneys to find reasons not to hire U.S. workers that the employer would, but for the attorney’s involvement, deem qualified. The rule applies only to consideration of particular applicants, and does not bar employers from seeking general advice on the meaning of "qualified" in the context of a labor certification application.
The Department is auditing all employer applications filed by attorneys at Fragomen, Del Rey, Bernsen & Loewy LLP because it has information indicating that in at least some cases the firm may have improperly instructed clients who filed permanent labor certification applications to contact their attorney before hiring apparently qualified U.S. workers.
(2) What incident/incidents prompted this audit?
The Department identified information indicating that in at least some cases the firm may have improperly instructed clients who filed permanent labor certification applications to contact their attorney before hiring apparently qualified U.S. workers. Specifically, several recruitment forms drafted by some Fragomen attorneys instructed their clients that "After interview, should any of the applicants appear to be qualified for the position, please contact a Fragomen attorney
immediately to further discuss the candidate’s background as it relates to the requirements stated for said position," or some variation thereof.
(3) How unusual is this type of audit?
Audits of applications are one of the major tools the Department uses to ensure program integrity. Audits are conducted regularly. Where the Department identifies an employer or attorney that appears to have a practice that violates the program’s rules, the Department has authority to audit all applications submitted by that employer or attorney/agent to determine which, if any, were affected by the unlawful practice.
(4) Are the audits a form of punishment?
Audits are not a punishment. Audits are used by the Department to thoroughly examine applications to ensure that all program requirements have been properly followed. They are routine and regularly undertaken to ensure program
integrity. # # #
Tuesday, June 3, 2008
AILA Position Paper on H-2B Program
http://www.cundyandmartin.com/
H-2B Seasonal & Temporary Workers Vital to America’s Small & Seasonal Businesses
The Issue: The H-2B visa program is vital to America’s small businesses.
• The H-2B program is capped at 66,000 visas per year. This is the same arbitrary number set by Congress in 1990. The visa allotment is split equally between the winter and summer seasons.
• Small business owners rely on the H-2B program because it is the only way they can legally hire workers for temporary and seasonal positions when they cannot find Americans to hire.
• Small and seasonal businesses prefer to hire American workers, and they do hire every
qualified American who applies for a seasonal or temporary short-term position. Nevertheless, many positions remain unfilled, leaving these businesses desperately in need of workers. This is not surprising, since many Americans are unwilling to engage in low-skilled and semi-skilled labor, or to relocate for several months to remote locations, to fill available seasonal and short-term positions.
• Unlike the hiring of American workers, small business owners must go through a tough application process to hire foreign workers through the H-2B program. Employers must prove to State and US Departments of Labor that there are no available U.S. workers to fill vacant short-term positions.
• H-2B workers go home at the end of the season. They cannot, and do not, stay in the US permanently through this program.
Congress Must Act Now: Without immediate relief, small businesses across the US
will suffer permanent harm.
• This year, the cap for the summer season was hit on January 2, 2008, meaning there are no more available H-2B visas for the rest of the fiscal year without a Congressional fix, putting America’s small and seasonal businesses in dire straits.
• Hitting the cap so early in the year hurts all businesses with short-term needs, especially summer resorts throughout the US, the timber industry in the Northeast, fish and crab processors in the Southeast and Mid-Atlantic, and recreational facilities and tourism across the nation.
• Congress must provide H-2B relief now so that America’s employers can get the seasonal temporary workers they need in time for this summer in order to become fully staffed and provide quality service.
• Without immediate access to more temporary H-2B workers, many small businesses will be extremely short-staffed this year and could be forced to close. For small businesses, relief must come now so that America’s employers can get the seasonal temporary workers they need in time for this spring and summer.
Congress can and must provide short-term relief:
• Small Businesses Need Urgent Congressional Action NOW
• Given the failure to provide a permanent solution last year, Congress must pass short-term relief as soon as possible to save small businesses.
• An H-2B visa returning worker extension will go a long way in helping small and seasonal businesses survive in the short term. The extension would provide emergency relief by exempting from the cap H-2B returning workers who already have successfully participated in the program in one of the previous 3 years.
• Time is of the essence. Without Congressional relief soon, many U.S. businesses will be forced to limit their services or close their doors permanently.
• Congress must therefore pass an H-2B returning worker exemption immediately.
Current Legislation:
• Short-term H-2B relief has been introduced in the House by Rep. Stupak (D-MI), and in the Senate by Sen. Mikulski (D-MD), as the Save Our Small and Seasonal Businesses Act of 2007 (H.R. 1843/S. 988).
• Both of these bills would extend the exemption of returning temporary workers essential to small and seasonal businesses from the arbitrary numerical cap.
H-2B Seasonal & Temporary Workers Vital to America’s Small & Seasonal Businesses
The Issue: The H-2B visa program is vital to America’s small businesses.
• The H-2B program is capped at 66,000 visas per year. This is the same arbitrary number set by Congress in 1990. The visa allotment is split equally between the winter and summer seasons.
• Small business owners rely on the H-2B program because it is the only way they can legally hire workers for temporary and seasonal positions when they cannot find Americans to hire.
• Small and seasonal businesses prefer to hire American workers, and they do hire every
qualified American who applies for a seasonal or temporary short-term position. Nevertheless, many positions remain unfilled, leaving these businesses desperately in need of workers. This is not surprising, since many Americans are unwilling to engage in low-skilled and semi-skilled labor, or to relocate for several months to remote locations, to fill available seasonal and short-term positions.
• Unlike the hiring of American workers, small business owners must go through a tough application process to hire foreign workers through the H-2B program. Employers must prove to State and US Departments of Labor that there are no available U.S. workers to fill vacant short-term positions.
• H-2B workers go home at the end of the season. They cannot, and do not, stay in the US permanently through this program.
Congress Must Act Now: Without immediate relief, small businesses across the US
will suffer permanent harm.
• This year, the cap for the summer season was hit on January 2, 2008, meaning there are no more available H-2B visas for the rest of the fiscal year without a Congressional fix, putting America’s small and seasonal businesses in dire straits.
• Hitting the cap so early in the year hurts all businesses with short-term needs, especially summer resorts throughout the US, the timber industry in the Northeast, fish and crab processors in the Southeast and Mid-Atlantic, and recreational facilities and tourism across the nation.
• Congress must provide H-2B relief now so that America’s employers can get the seasonal temporary workers they need in time for this summer in order to become fully staffed and provide quality service.
• Without immediate access to more temporary H-2B workers, many small businesses will be extremely short-staffed this year and could be forced to close. For small businesses, relief must come now so that America’s employers can get the seasonal temporary workers they need in time for this spring and summer.
Congress can and must provide short-term relief:
• Small Businesses Need Urgent Congressional Action NOW
• Given the failure to provide a permanent solution last year, Congress must pass short-term relief as soon as possible to save small businesses.
• An H-2B visa returning worker extension will go a long way in helping small and seasonal businesses survive in the short term. The extension would provide emergency relief by exempting from the cap H-2B returning workers who already have successfully participated in the program in one of the previous 3 years.
• Time is of the essence. Without Congressional relief soon, many U.S. businesses will be forced to limit their services or close their doors permanently.
• Congress must therefore pass an H-2B returning worker exemption immediately.
Current Legislation:
• Short-term H-2B relief has been introduced in the House by Rep. Stupak (D-MI), and in the Senate by Sen. Mikulski (D-MD), as the Save Our Small and Seasonal Businesses Act of 2007 (H.R. 1843/S. 988).
• Both of these bills would extend the exemption of returning temporary workers essential to small and seasonal businesses from the arbitrary numerical cap.
U.S. Department of Labor auditing all permanent labor certification applications of Fragomen, Del Rey, Bernsen & Loewy LLP.
News Release
U.S. Department of Labor auditing all permanent labor certification
applications filed by major immigration law firm
Department acts to protect employment opportunities for American workers
WASHINGTON — The U.S. Department of Labor today announced that it has begun auditing all permanent
labor certification applications filed by attorneys at Fragomen, Del Rey, Bernsen & Loewy LLP. The
department has information indicating that in at least some cases the firm improperly instructed clients who
filed permanent labor certification applications to contact their attorney before hiring apparently qualified
U.S. workers. The audits will determine which, if any, applications should be denied or placed into
department-supervised recruitment because of improper attorney involvement in the consideration of U.S.
worker applicants.
"The department’s decision to further investigate these applications will help ensure the integrity of the
permanent labor certification process and ultimately protect job opportunities for American workers," said
Gregory F. Jacob, solicitor of labor. "The department takes seriously its responsibility to ensure that American
workers have access to jobs they are qualified and willing to do and that their wages and working conditions
are not adversely affected by the hiring of foreign workers."
The permanent labor certification process, established by the Immigration and Nationality Act, allows
employers to sponsor aliens for permanent residence (secure a "green card") to fill positions for which no
qualified, willing and available U.S. workers can be found. The department’s regulations set forth detailed
procedures by which an employer seeking certification must demonstrate that no qualified U.S. workers can
be located.
The department’s regulations specifically prohibit an employer’s immigration attorney or agent from
participating in considering the qualifications of U.S. workers who apply for positions for which certification is
sought, unless the attorney is normally involved in the employer’s routine hiring process. Where an
employer does not normally involve immigration attorneys in its hiring process, there is no legitimate reason
to consult with immigration attorneys before hiring apparently qualified U.S. workers who have responded to
recruitment required by the permanent labor certification program.
In 2004, the department adopted reforms streamlining the permanent labor certification process by moving
to an attestation-based system. Audits of applications are one of the major deterrents used by the
department to ensure program integrity.
U.S. Department of Labor
http://www.cundyandmartin.com/
U.S. Department of Labor auditing all permanent labor certification
applications filed by major immigration law firm
Department acts to protect employment opportunities for American workers
WASHINGTON — The U.S. Department of Labor today announced that it has begun auditing all permanent
labor certification applications filed by attorneys at Fragomen, Del Rey, Bernsen & Loewy LLP. The
department has information indicating that in at least some cases the firm improperly instructed clients who
filed permanent labor certification applications to contact their attorney before hiring apparently qualified
U.S. workers. The audits will determine which, if any, applications should be denied or placed into
department-supervised recruitment because of improper attorney involvement in the consideration of U.S.
worker applicants.
"The department’s decision to further investigate these applications will help ensure the integrity of the
permanent labor certification process and ultimately protect job opportunities for American workers," said
Gregory F. Jacob, solicitor of labor. "The department takes seriously its responsibility to ensure that American
workers have access to jobs they are qualified and willing to do and that their wages and working conditions
are not adversely affected by the hiring of foreign workers."
The permanent labor certification process, established by the Immigration and Nationality Act, allows
employers to sponsor aliens for permanent residence (secure a "green card") to fill positions for which no
qualified, willing and available U.S. workers can be found. The department’s regulations set forth detailed
procedures by which an employer seeking certification must demonstrate that no qualified U.S. workers can
be located.
The department’s regulations specifically prohibit an employer’s immigration attorney or agent from
participating in considering the qualifications of U.S. workers who apply for positions for which certification is
sought, unless the attorney is normally involved in the employer’s routine hiring process. Where an
employer does not normally involve immigration attorneys in its hiring process, there is no legitimate reason
to consult with immigration attorneys before hiring apparently qualified U.S. workers who have responded to
recruitment required by the permanent labor certification program.
In 2004, the department adopted reforms streamlining the permanent labor certification process by moving
to an attestation-based system. Audits of applications are one of the major deterrents used by the
department to ensure program integrity.
U.S. Department of Labor
http://www.cundyandmartin.com/
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