1. Want to stay in touch?  The InFOCUS Immigration Solutions August newsletter is available for your viewing here.
2. We link to an interesting letter to President Obama on Immigration Reform that says it all very well
3. USCIS to permit EAD (Employment Authorization Documents) to be expedited through the Nebraska Service Center (NSC) if they have been p ending for more than 60 days under particular circumstances.  Please contact our office for more information on this should you require assistance with expediting your case.
4. Department of State announces that they will phase in the implementation of an online, electronic Immigrant Visa form, the DS-260 that will eventually replace the DS-230 form. Federal Register 75 FR 45475.
5. Just yesterday, the US Senate passed a border security spending bill containing a provision that will be paid for by increasing fees for employers that have a large H-1B or L-1 foreign worker presence in their workforce. Specifically, the bill would increase total filing and fraud prevention fees by an incredible $2000 or more for petitioners with a U.S. workforce of more than 50 percent H-1B or L-1 nonimmigrants. The provision would be applicable to employers with 50 or more employees in the United States. The bill would also provide $600 million in emergency funds to increase security along our borders with Mexico by hiring more than new 1,000 border patrol and immigration enforcement officers, and increasing unmanned drone surveillance operations in the region.  For more on this
6. The USCIS will start receiving email inquiries on I-90 and N-400 forms if the wait time has exceeded the designated processing times.
7. The Department of Labor (DOL) bans the Asian Journal from the H-1B Program and agrees to pay $516, 500 in back pay to 32 employees plus a $40,000 penalty.

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Immigration Solutions has thousands of worldwide subscribers interested in our news and services who are visiting our website and Blog daily.  We invite you to take advantage of this additional targeted exposure and strongly consider advertising your product or service with us.  Contact us through our website or give us a call to discuss your needs and advertising requirements.  We’ll walk you through a very affordable process that will give you the extra edge that you’re looking for.

► Breaking News

• Judge Blocks AZ Law

A federal judge today blocked the most controversial parts of Arizona’s immigration law from taking effect, delivering a last-minute victory to opponents of the crackdown.  The judge also put on hold parts of the law that required immigrants to carry their papers at all times, and made it illegal for undocumented workers to solicit employment in public places.  We link here and here for more on the subject

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NEWS BYTES FOR OUR ARTS, SPORTS AND ENTERTAINMENT CLIENTS:

• Immigration Solutions’ July Sports | Arts & Entertainment News

• Sports Teams and Celebrities Among those Facing Visa Refusals

• Iroquois Lacrosse Team Denied UK Visas

• James Cameron’s offer to help with BP Oil Spill turned down

• NYU  Music Technology Program
  

• US Reversal on Visa Denied to Colombian Journalist

and more

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• Thinking of Applying for US Citizenship?

New Brochure:  http://www.uscis.gov/USCIS/Resources/Citizenship%20&%20Naturalization%20Based%20Resources/G-1151.pdf

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Immigration Solutions provides US and global visa services to individuals and employers throughout the USA and abroad.  We specialize in business immigration and have a depth of experience in the IT, healthcare, arts & entertainment sectors, amongst others.  Our services include complex business visas for investors, multinational managers, skilled professionals and outstanding individuals in science, business, education, athletics and entertainment.  We additionally provide employer compliance consulting services on proper I-9 (Employment Eligibility Verification) auditing, training, and work with our clients to develop compliant immigration policies and procedures.

DHS finalized a regulation that provides greater flexibility for employers to electronically sign and store I-9 forms, which are used by U.S. Immigration and Customs Enforcement (ICE) to verify employment eligibility-eliminating the need for paper filing and streamlining efforts to ensure a legal workforce nationwide.

Employers—who complete and retain the Form I-9 (Employment Eligibility Verification)—may sign the form electronically and retain the form in an electronic format.

More in the final rule:

1)  DHS will allow competing paper and electronic systems:  This clarifies that an employer moving to an electronic system need not create digital images/data related to historical paper forms. However, from some employer’s perspective monitoring two distinct verification systems for compliance may be too difficult a logistical challenge. These particular employers have elected to go entirely electronic to take advantage of the ability to monitor compliance and provide for electronic reminders. We strongly recommend that employers should continue to approach converting paper I-9s to electronic images very carefully, first discussing the benefits as well as the concerns (in particular audit related and privilege issues) with their immigration attorneys.

2)  The final rule reaffirms that employers will not be required to use a specific technology to complete and store I-9 information, so long as the system they use ensures accessibility and they are able to produce a reasonable facsimile or copy of the I-9.

3)  The final rule will also relax the audit trail requirement from the interim rule so that employers no longer have to keep records of when the information is accessed or viewed. Instead, an audit trail will only need to include information on the the initial completion and any subsequent modification to the I-9.

4)  The final rule will also relax the interim rule’s requirement to provide a transaction record to the employee at the time the electronic I-9 is created. Under the rule to be published tomorrow, the employer may “provide or transmit a confirmation of the transaction only if an employee requests it . . . within a reasonable period of time.” Finally, the final rule will remove the mandate that the electronic storage system be searchable “by any data element,” requiring only an indexing system that “permits the identification and retrieval for viewing or reproducing of relevant documents and records maintained in an electronic storage system.”

5) Indexing does not require all fields:   The final rule identifies that not all of the “data element(s)” must be searchable, but that the system must provide a sense of “searchability” consistent with the amended 8 CFR Sec. 274a.2(e)(6).

More information about I-9 forms and Employment Eligibility Verification is available on the U.S. Citizenship and Immigration Services website at www.uscis.gov/I-9.

For further guidance on the electronic signing and storage of the I-9, and the changes to the current regulations to assist businesses in complying with the requirements of the law, please visit www.ice.gov or view the Federal Register at www.gpoaccess.gov.

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What can Immigration Solution do for you?

Our firm’s years of experience and knowledge with employer compliance and worksite enforcement issues can assist your business in offsetting the extent of sanctions and other ICE enforcement threats.  Because of this, employer compliance is becoming more complex and enforcement (investigations and audits) is increasing.

In order to effectively deal with these issues and avoid the very severe consequences for non-compliance, employers must take the time to develop a strategy and be prepared in advance with an Immigration Compliance Program. Immigration Solutions has created a package of services and solutions to assist you with your compliance procedures that can be tailored to your specific needs and concerns.  Contact our office should you wish to discuss your audit, training and compliance needs.

The government contracting official decides if your contract qualifies for the E-Verify clause and if you meet the following criteria:

• The contract was awarded on or after the Federal contractor rule effective date of September 8, 2009 and includes the FAR E-Verify clause
• The contract has a period of performance that is more than 120 days
• The contract’s value exceeds the simplified acquisition threshold of $100,000
• At least some portion of the work under the contract is performed in the United States

What if you use Subcontractors?

All subcontractors must also verify all existing employees directly performing work under the covered contract. Contractors will need to include a clause for a subcontractor if they meet the following criteria:

• Is for commercial or non-commercial services or construction
• Exceeds $3,000; and
• Includes work performed in the United States

We have a talented team of attorneys and specialists to assist you with pre-Everify audits, reporting and training to get you ready for enrollment. Call us to arrange a consultation today.  562 612.3996.  Our Compliance Services and Solutions: http://www.immigrationsolution.netemployer_compliance_services_solutions.php

California-based client receives FAR E-Verify contract language and waits until the 11th hour to get their I-9’s in order:

In order to properly enroll in the DHS FAR E-Verify free Internet-Based program, or a vendor-based Designated Agent program, the contractor must rely upon the accuracy of their I-9’s and the information provided by their employees on the I-9 form.  We recommend a proactive approach to this issue by obtaining a pre-EVerify I-9 audit (can be a random audit or a complete audit depending upon the condition of your I-9s) to pinpoint reoccurring issues and correc them – with accompanying I-9 compliance training and the establishment of policy and procedure around how your company will handle this function – then you’re ready to enroll in E-Verify.

If you have questions or require any of the above services, our distinguished team of attorneys and specialists are available to work with you on your compliance needs.

Leslie Davis, Managing Director
Immigration Solutions

ICE is not backing off sending I-9 audit notices to US employers.  It’s latest  round of 180 NOI’s (Notice of Inspection) were sent to employers March 2nd in 5 Southeastern states:   Louisiana. Alabama, Arkansas Tennessee and Mississippi.  The notices alert business owners that ICE will be inspecting their hiring records to determine whether or not they are complying with employment eligibility verification laws and regulations.

Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual’s identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual.

Due to the ongoing, law enforcement sensitive nature of these audits, the names and locations of the businesses will not be released at this time.

We link to the Press Release on the ICE website

A strong reminder to employers: Compliance with immigration law is crucial in this enforcement climate. We are in a historic moment regarding U.S. Immigration reform. Major U.S. companies have been slapped with steep fines for non-compliance with immigration laws and contractors have been closed and even jailed for employing illegal immigrants. Now is the time for prudent companies to implement a Corporate Immigration Compliance Program. Our firm’s years of experience and knowledge with employer compliance and worksite enforcement issues can assist your business in offsetting the extent of sanctions and other ICE enforcement threats.  Because of this, employer compliance is becoming more complex and enforcement (investigations and audits) is increasing.

We have a very informative area on our website  relating to this topic.  Please refer to our services and solutions and contact us if you require assistance with I-9 management, audits or training.

Super Express Van Tours of Houston was not your ordinary bus line. It served neither tourists nor commuters. Instead, federal officials say, it specialized in transporting illegal immigrants around the country. Once they arrived from Mexico, it kept the passengers under lock and key in “safe houses” — preventing both scrutiny from outsiders and possible escapes — until it loaded them into minivans and shuttled them to cities across the United States, including Los Angeles, Atlanta and Miami.

Super Express was no stranger to the Border Patrol and other federal authorities — its drivers had been stopped and arrested seven times over five years for transporting illegal immigrants. But the drivers and their human cargo were merely the low-hanging fruit. That’s why it was a welcome development last week when agents arrested the company’s owner, Fermin A. Tovar.  For more

Customs and Border Protection (CBP) last week provided AILA (the American Immigration Lawyers Association) with information regarding enforcement issues at Newark Airport.  The CBP have been assisting ICE with an investigation of certain H-1B non-immigrants and particular employers who hire H-1B workers.  This created events where H-1B visa holders were detained as a result of  employers being under investigation by ICE.

This incident has been a strong reminder that non-immigrants in work-related status such as H-1B, L-1, E and O-1 classification should be prepared for the potential of additional scrutiny when entering the United States after travel abroad.  CBP will question arriving non-immigrants about their employer, and may request documentation to prove that the nonimmigrant is still employed according to the petition that was filed on their behalf.

The above-mentioned incident where CBP engaged in more extensive questioning, has caused many H-1B visa holders and their employers to have concern about documentation that their employees will need to re-enter the USA following foreign travel.

CBP does have the authority to inquire about these issues, however, recent events indicate that their line of questioning may become more extensive and may result in more situations where arriving employees will be put in secondary inspection.  Secondary Inspection is where CBP officers wish to question the alien concerning their intent in the USA and conduct a more thorough interview and review any additional documentation that the individual may have brought with them, as well as information on electronic devices (cellphones and laptops).  They may even conduct Internet searches on the individual and the employer.  Therefore, employees entering the USA in H-1B classification or other employment based visas should be prepared for the possibility of additional scrutiny, and for the possibility of secondary inspection, regardless of where and when they enter – be it an airport or a land border.

We highly recommend that entering non-immigrants bring the following additional information with them in the event they are asked to produce evidence of their employment:

1)      Copies of 2 recent paycheck vouchers

2)      A copy of the USCIS petition that their status is based upon

3)      Current/Original I-797 approval notice

4)      A current letter of employment verification from a company officer or HR professional confirming job title and dates of employment  on business letterhead – is an excellent idea, as well.

We have heard recent reports that employers may also be contacted by CBP to confirm information related to the employment relationship and job duties.

We will provide updates to you on this issue and intend to monitor it very closely.  If you or your employees have encountered any additional scrutiny and would like to relay your experiences, please contact Immigration Solutions.

DHS employees are being asked to volunteer for assignments at U.S. diplomatic missions to help State Department officials review applications for visas.

The assignments, “some of which are located in high-threat areas,” would last at least 30 days, the notice states.

ICE agents already are posted in a dozen countries to weed out applications from potential terrorists or criminals, but the new notice seeks people to conduct in-depth background checks and write intelligence reports. Federal officials told CNN they would back up State Department officials who lack law-enforcement experience to look for security threats.

After meeting with his homeland security and counterterrorism team Tuesday, Obama told reporters that the government “has to do better” to stop attacks like the December 25 attempt to blow up Northwest Airlines Flight 253.

Additionally, U.S. anti-terrorism officials are pushing to get more air marshals on American jetliners and beef up efforts to screen visa applicants overseas after some stinging criticism from President Obama.

Internal notices issued Tuesday and Wednesday by the Department of Homeland Security is asking employees to step up to train as air marshals and to serve at U.S. diplomatic posts abroad. Both moves follow Obama’s call for immediate reforms to prevent the kind of “potentially disastrous” failure involved in the unsuccessful attempt to bomb a U.S. jetliner on Christmas Day.

First they were arrested and faced deportation under what has proven to be the Obama administration’s only workplace raid.  Then they were given work permits and told they could stay in the USA while their employer was prosecuted…

Now, the more than 2 dozen undocumented workers arrested during the February raid are again facing deportation.

The deportations and likely removals are a conclusion to a case that displeased both advocates for illegal immigrants and those who lobby for stricter immigration enforcement.

In this case – the company, the workers and even the Seattle US Immigration and Customs Enforcement (ICE) office that conducted the raid came in for some sort of punishment or special scrutiny

Shortly following the raid, ICE officials traded urgent emails going over Q&A sent by an apparently miffed White House, according to emails obtained by the AP through a federal records request.

In all, 27 workers have been deported; 7 have been allowed to leave the country voluntarily and 15 await court dates with an immigration judge, said ICE spokeswoman Lorie Dankers.

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