1) Prevailing Wage Determinations:   The Department of Labor (DOL) advised today that a prevailing wage determination (PWD) obtained for an H-1B case can be used for a PERM case (and vice versa) if it is still valid and for the same job opportunity.  The announcement was made in the AILA/DOL Stakeholder Telephone Conference of 6/22/10 that can be viewed on the AILA website.  This will be extremely useful and will eliminate the long wait time in obtaining a PWD for DOL National for a PERM case when all information in re the job and its requirements remain identical.

2)  Current H-1B Cap Count as of 6/18/2010:  22,900 cases have been received under the general H-1B cap.  9,700 cases have been received against the advanced US degree cap of 20,000.

3)  CBP Releases Port of Entry Contact information:   http://www.cbp.gov/xp/cgov/toolbox/contacts/ports/

4)  iCERT now posts PERM Processing Times: http://icert.doleta.gov/#fragment-2

5)  Life Along the Mexico-US Border Photo Essay:  http://www.washingtonpost.com/wp-srv/world/interactives/mexicoborder/

6)  DHS Releases Fact Sheet on  Southwest Border “Next Steps”

7)  E-Verify no longer voluntary for Utah Employers:

We will cover these topics and many more in greater detail in our free July newsletter.  If you haven’t signed up to receive it, you can do so here

In a Press Release today, DHS Secretary Janet Napolitano, announced the elimination of the paper arrival/departure form (Form I-94W) for authorized travelers from nations participating in the Visa Waiver Program (VWP).

The elimination of the paper I-94W form enables travelers to provide basic biographical, travel and eligibility information automatically through ESTA prior to departure for the United States —reducing redundancy and enhancing the security of sensitive personal information, as CBP stores and protects all VWP data electronically on secure servers.

CBP recommends that travelers submit ESTA applications as soon as an applicant begins making travel plans. ESTA applications may be submitted at any time prior to travel, and once approved, will be valid for two years or until the applicant’s passport expires. To date, CBP has received more than 19 million ESTA applications from citizens of VWP countries—applications that will now automatically cover I-94W submission.

For more information about ESTA, please visit www.cbp.gov

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.

The complete title of this study is “Breaking the Immigration Stalemate: From Deep Disagreements to Constructive Proposals”.  The study was done by The Brookings-Duke Immigration Policy Roundtable at Duke University.  They describe themselves as an interdisciplinary “think and do” tank committed to understanding and addressing real-world ethical challenges facing individuals, organizations and societies worldwide.

This is an excellent study that in the end, they feel they were able to agree on a set of recommendations that address the most vexing and controversial issues stymieing immigration reform.

The study proposes 6 policy changes. These changes include emphasizing enforcement at the workplace, setting standards for the legalization of illegal immigrants and establishing an independent Standing Commission on Immigration.

The October 6 event featured the release of the Roundtable’s report and a discussion of the proposals and the potential pitfalls to achieving them. The report is the result of months of deliberation by the Roundtable, a joint project of the Brookings Institution and the Kenan Institute for Ethics. Roundtable members represent a broad spectrum of conflicting views from across the “pro-immigration” and “restrictionist” divide, but have nonetheless come together in support of this single set of recommendations.

We link to the Summary of this report, and for more reading with full audio of the event go here.

Global Entry expedites the customs and security process for trusted air travelers while helping DHS ensure the safety of all airline passengers,” said Secretary Napolitano. “Expanding this vital program allows us to improve customer service at airports and concentrate our resources on higher-risk travelers.”

Starting Aug. 24, new Global Entry enrollment centers and kiosks will open at 13 additional international U.S. airports in Boston, Dallas, Detroit, Fort Lauderdale, Fla., Honolulu, Las Vegas, Newark, N.J., Orlando, Fla., Sanford*, Fla., Philadelphia, San Juan, Puerto Rico, San Francisco and Seattle.

In a 8/11/09 Press Release, the Department of Homeland Security announced its funding of an additional $30Mil for Operation Stonegarden to enforce immigration laws and combat illegal traffficking along the southwest border.

DHS Secretary, Janet Napolitano, stated, “Operation Stonegarden grants direct critical funding to state, local and tribal law enforcement operations across the country,” said Secretary Napolitano. “I am proud to announce an additional $30 million in funding specifically for the Southwestern states to ensure our first responders are equipped with the resources they need to confront the complex and dynamic challenges that exist along our Southern border.”

July 1,2009 CBP (Customs and Border Protection) notifies that all Visa Waiver Program emergency or temporary passports must be electronic passports.  Only travelers holding these E-Passports will be able to travel to the USA under the VWP.  Passports that do not comply with this regulation  (with the exception of those that are traveling for emergency reasons and have been given discretionary approval) may be detained for processing and may potentially be denied admission to the USA.

We link to the CBP website for more information.

Reviews:  The inspection process, what does the law say, what can I expect to happen at a US port of entry and more….

http://www.ilw.com/immigdaily/news/2009,0624-admission.shtm

Customs and Border Protection are reminding international travelers that this is the busiest travel time of the year, and would like to provide some travelers tips to make your travel trouble free.

Here are some of the travel tips offered by Customs and Border Protection for your visit or return to the United States:

• Have all the required travel documents for the countries you’re visiting, as well as identification for re-entry to the United States. Passports are required to the U.S. by air.

• Make sure you find out the rules and regulations concerning food and agricultural items before you travel, as some are prohibited or must meet certain requirements, such as a license or permit. Also, all live birds and bird products, whether for personal or commercial use, may be restricted and/or quarantined.

• When you arrive at a port of entry in the United States, a U.S. Customs and Border Protection officer will inspect you. Be prepared to tell the officer the purpose of your trip and those items that you purchased or obtained abroad.

• If you are a visitor to the United States, the officer may require you to provide your biometrics – digital finger scans and photograph – to verify your identity against your travel documents. This simple and fast collection of biometrics is the same as you experienced if you had to get a visa for your trip to the U.S.

For more information on CBP’s summer traveler tips:

Read this press release from CBP.gov