Badmus

According to a recent report from Immigration and Customs Enforcement (ICE), between fiscal years (FY) 2010 and 2014, ICE will prioritize its efforts on the first three homeland security missions identified in the 2010 Quadrennial Homeland Security Report: (1) preventing terrorism and enhancing security; (2) securing and managing our borders; and (3) enforcing and administering our immigration laws. One top priority in this plan is to “create a culture of employer compliance.”  According to ICE:

Categories: Employer Compliance, Blogroll, General |

According to the USCIS, big changes are coming to E-Verify on June 13 that will enhance its usability, security, accuracy and efficiency. The newly redesigned E-Verify features a clean and modern design, easy and intuitive navigation, and clear and simple language. Users must complete a new online tutorial to use E-Verify for new employer verification after June 13.  For more information and to register for the tutorial, click here.

Categories: Employment Immigration, Employer Compliance, General |

Broadgate, Inc., et al v. USCIS, et al
Case number: 1:10cv00941

This Application for Preliminary Injunction and Complaint filed on June 8, 2010 by Greenberg Traurig LLP in the U.S. District Court of the District of Columbia, challenges USCIS’s application of the January 8, 2010, Neufeld Memorandum’s definition of employer-employee relationships, resulting in the denial of H-1Bs filed by IT staffing firms. Judge Gladys Kessler will be hearing the case.

AILA InfoNet Doc. No. 10060830 (posted Jun. 8, 2010)

Categories: Employment Immigration, Employer Compliance, Immigration Litigation and Removal, Blogroll, General |

ALEXANDRIA, Va., June 8 /PRNewswire-USNewswire/ — TechServe Alliance, the national trade association representing the IT services industry, filed a lawsuit today in U.S. District Court in and for the District of Columbia against U.S. Citizenship and Immigration Services (USCIS), Alejandro Mayorkas, Director of USCIS, the Department of Homeland Security (DHS), and Janet Napolitano, Secretary of Homeland Security.

The five count Complaint charges that the government improperly and without any valid legal basis altered long-standing policy that has allowed IT staffing firms to obtain H-1B visas on the same basis as other companies. In an abrupt reversal of its policy without any notice or opportunity for comment and contrary to well settled law, the government now erroneously contends IT staffing firms are not “U.S. employers” and are therefore ineligible to serve as petitioners for H-1B visas. Since implementing this new policy, the agency has been improperly denying petitions of IT staffing firms on that basis. Along with the complaint, TechServe Alliance filed a motion seeking entry of a preliminary injunction barring the agency from continuing to enforce this policy as it was adopted in violation of law.

“USCIS’s actions are a thinly veiled attack on the IT staffing industry and its business model,” observed Mark Roberts, CEO of TechServe Alliance.

In a Memorandum dated January 8, 2010 by Donald Neufeld, Associate Director of Service Center Operations at USCIS (”Neufeld Memo”), USCIS reversed well settled policy, determining that IT staffing firms are not “U.S. employers” under U.S. immigration law and are therefore ineligible to access the H-1B visa program. USCIS arrived at this erroneous determination by arguing that IT staffing firms fail to exercise control over their consultants; summarily concluding there is no employer-employee relationship–an element of the definition of U.S. employer. In doing so, USCIS ignores the fact that IT staffing firms hire, fire, pay and supervise; activities which the applicable regulation as well as other areas of law have long recognized as establishing an employer-employee relationship.

In Count I of the Complaint, TechServe Alliance contends the Neufeld Memo amends an existing legislative rule allowing the Secretary of Homeland Security to issue the rule only after a notice-and-comment rulemaking process has been properly conducted in accordance with the Administrative Procedure Act (APA). The APA requires federal agencies to provide notice and an opportunity for interested parties to comment and have those comments considered prior to issuing final rules and regulations. Because USCIS failed to conduct such a process in accordance with the APA, TechServe Alliance seeks entry of a preliminary injunction barring the agency from enforcing its rule and vacating the Neufeld Memo. Count II sets forth a claim under the Regulatory Flexibility Act in light of the government’s failure to conduct the required analysis of the rule’s impact on small entities, Count III sets forth a claim that the regulation exceeds USCIS’s statutory and regulatory authority, and Counts IV & V assert the Neufeld Memo is arbitrary and capricious and not authorized by law.

“IT staffing is a lawful business model that greatly benefits the U.S. economy, U.S. businesses and U.S. workers. The government should not be allowed to attack the industry by circumventing the rulemaking process and reversing long-standing policy by decree. Because of their vast power to destroy lives and businesses, government institutions should be required to rigorously comply with applicable law and process. USCIS, DHS and its leadership failed to meet the most minimal standards of compliance with the law. Despite wide spread objection and outrage over the policy enunciated in the Neufeld Memo on both substantive and procedural grounds, USCIS and DHS have failed to rescind this policy. Accordingly, we were left with no choice but to defend the industry against these unfair, ill-conceived, and unauthorized actions and seek equitable relief from the Courts,” stated Roberts.

Alongside TechServe Alliance, the American Staffing Association and IT staffing firms Broadgate, Inc., Logic Planet, Inc. and DVR Softek Inc. are also plaintiffs in the action.

Categories: Employment Immigration, Employer Compliance, Immigration Litigation and Removal, Blogroll, General |

The Justice Department announced today that John Jay College, a New Y ork City public college in the City University of New York system, has agreed to pay $23,260.00 in civil penalties and $10,07 2.23 in back pay to a former employ ee in order to settle a lawsuit filed by the Justice Department on April 15, 2010. The lawsuit alleged that John Jay College engaged in a pattern or practice of citizenship status discrimination by requesting documents issued by the Department of Homeland Security (DHS) from non-U.S. citizens, but not from U.S. citizens, during the employment eligibility verification Form I-9 process.

As part of the settlement, John Jay has also agreed to train its recruitment personnel on their responsibilities not to discriminate, implement a policy prohibiting discrimination on the basis of citizenship status, and provide periodic reports to the Department of Justice for three years.

The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) in the Civil Rights Division, which conducted the investigation in this matter, will continue to monitor John Jay College to ensure compliance with the settlement agreement. OSC is responsible for enforcing the antidiscrimination provisions of the Immigration and Nationality Act (INA), which protect U.S. citizens and certain work-authorized individuals from citizenship status discrimination. The INA also protects all work-authorized individuals from national origin discrimination, over-documentation in the employment eligibility verification process, and retaliation.

“All workers authorized to work in the United States have the right to look for a job without encountering discrimination because of their immigration status or national origin,” said Thomas E. Perez, Assistant Attorney General for Justice Department’s Civil Rights Division. “We are pleased to have reached the settlement with John Jay College, and look forward to continuing to work with all employers, both public and private, to educate them about the protections and obligations under the law.”

Categories: Employer Compliance, Blogroll, General |

The Justice Department announced a settlement agreement with ValleyCrest Landscape Companies to resolve charges of hiring discrimination against U.S. citizens and other work-authorized domestic workers at its Virginia locations.

Under the agreement, ValleyCrest will modify its hiring policy to ex tend significantly the time period during which it will recruit U.S. workers for jobs that would otherwise be filled with H-2B temporary v isa holders. Specifically, ValleyCrest will recruit and hire domestic workers up until two weeks before H-2B workers are scheduled to begin work. It has also made other changes to its personnel practices and will provide full back pay of $11,173 to a U.S. citizen who applied for but was not given a job.

“Every individual who is authorized to work in this country has the right to know they will be free from discrimination, and that they will be on the same playing field as every other applicant or worker,” said Thomas E. Perez, Assistant Attorney General for the Justice Department’s Civil Rights Division.

The charges were filed by the Mid-Atlantic Regional Organizing Coalition (MAROC) of the Laborers’ International Union of North America. The Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the antidiscrimination provisions of the Immigration and Nationality Act (INA), which protect U.S. citizens and certain work-authorized individuals from citizenship status discrimination. The INA also protects all work-authorized individuals from national origin discrimination, over-documentation in the employment eligibility verification process, and retaliation.

Categories: Employer Compliance, Blogroll, General |

The U.S. Department of Labor has unveiled a new tool to help employers and others understand how to comply with requirements under the H-1B visa program, which allows for the temporary employment of foreign workers in the U.S. in certain specialty occupations.

An online “advisor,” available at http://www.dol.gov/elaws/h1b.htm, describes the program’s standards and provides detailed information about employers’ and workers’ rights and responsibilities. It outlines notification requirements, monetary issues, worksite issues, recordkeeping, worker protections and enforcement. “The Labor Department’s goal is to provide employers and the public with user-friendly information regarding both rights and responsibilities under the H-1B program,” said Secretary of Labor Hilda L. Solis. “The new online advisor harnesses technology to help take the mystery out of the new rules, and it offers an important resource to workers and employers alike.”

The H-1B nonimmigrant visa classification was created under the Immigration and Nationality Act to help employers who cannot obtain needed skills and abilities from the U.S. workforce by authorizing the employment of qualified individuals who are not otherwise authorized to work in the U.S. The act establishes certain standards to protect similarly employed U.S. workers from being adversely affected by the employment of foreign workers under the H-1B program, as well as to protect H-1B workers themselves. Responsibilities for the H-1B visa program are shared among the Labor Department’s Office of Foreign Labor Certification and the department’s Wage and Hour Division, the U.S. Department of Homeland Security’s U.S. Citizenship and Immigration Service and the U.S. Department of State. The new advisor tool focuses solely on compliance with the requirements enforced by the Wage and Hour Division. The tool does not review the process for participating in the program or for invoking H-1B visa portability.

The H-1B Advisor is one of a series of Employment Laws Assistance for Workers and Small Businesses, or “elaws,” advisors developed by the Labor Department’s Office of the Assistant Secretary for Policy, working with other department agencies, to help employers and employees understand federal employment laws. To access the set of advisors, visit the elaws website at http://www.dol.gov/elaws/. To learn more about the Labor Department’s role in administering the Immigration and Nationality Act and the H-1B visa program, visit the department’s Office of Foreign Labor Certification website at http://www.foreignlaborcert.doleta.gov and its Wage and Hour Division site at http://www.dol.gov/whd/.

Categories: Employment Immigration, Employer Compliance, Blogroll, General |

SAN DIEGO - A San Diego-area French bakery, along with its owner and a manager, are charged in a 16-count indictment unsealed Wednesday resulting from an investigation by U.S. Immigration and Customs Enforcement (ICE) into allegations the business knowingly hired undocumented workers. The French Gourmet, Inc, of San Diego, Calif., together with its president and one of the company’s managers, are accused in the indictment handed down by a federal grand jury here April 15. The indictment alleges the defendants conspired to engage in a pattern or practice of hiring and continuing to employee unauthorized workers, a misdemeanor, in addition to 14 felony counts, including making false statements and shielding undocumented alien employees from detection.

Also named in the indictment are the bakery’s owner, Michel Malecot, 52, and a company manager, Richard Kauffman, 51, both of San Diego. The men are charged with 12 felony counts for making false statements and shielding undocumented alien employees working at the bakery from detection. They were arraigned Wednesday. If convicted, Malecot and Kauffman face a maximum of five years in prison and a $250,000 fine on each count. The indictment also seeks criminal forfeiture of proceeds gained from the corporation’s unlawful activities.

“Employers have a responsibility for maintaining the integrity of their workforce,” said Mike Carney, acting special agent in charge for ICE Office of Investigations in San Diego, “This indictment shows ICE’s commitment to holding businesses accountable when they repeatedly ignore immigration laws as it relates to their workforce. The goal of our enforcement effort is two-fold, first to reduce the demand for illegal employment and, second, to protect job opportunities for the nation’s lawful workforce.”

According to the indictment, the company’s managers, including Malecot and Kauffman, certified on the firm’s Employment Verification Forms (I-9) that the documents they examined appeared to be genuine, and to the best of the their knowledge, the employees listed on the I-9 were eligible to work in the United States. The managers then put the illegal workers on the company’s payroll and paid them by paycheck until they received “no match” letters from the Social Security Administration (SSA) advising that the Social Securitynumbers being used by the employees did not match the names of the rightful owners of those Social Security numbers.

After receiving the “no match” letters, The French Gourmet, Inc., then allegedly conspired to pay the undocumented employees in cash until the workers produced a new set of employment documents with different Social Security numbers.  In May 2008, ICE agents executed a federal search warrant at The French Gourmet and arrested 18 undocumented workers. During the searches, ICE agents seized employee and payroll records as evidence in the criminal case.

In 2009, ICE implemented a comprehensive strategy to reduce the demand for illegal employment and protect employment opportunities for the nation’s lawful workforce. Under this strategy, ICE is focusing its resources on auditing and investigating employers suspected of knowingly employing illegal workers. The goal of the enforcement strategy is to promote national security, protect critical infrastructure and ensure fair labor standards. ICE is using all available criminal and administrative tools, including civil fines and debarment, to penalize and deter illegal employment. In fiscal year 2009, ICE worksite investigations resulted in a total of 410 criminal arrests, including 114 management personnel.

ICE Press Release

Categories: Employment Immigration, Employer Compliance, Immigration Litigation and Removal, Blogroll |

CHICAGO - The president and office manager of two Bensenville, Ill., staffing companies that supplied temporary workers to suburban warehouses were charged Monday with unlawfully hiring dozens of illegal aliens to form their labor pool. The charges resulted from a worksite enforcement investigation conducted by U.S. Immigration and Customs Enforcement (ICE).  Clinton Roy Perkins, and his son-in-law, Christopher J. Reindl, are president and office manager, respectively, of Anna II Inc., and Can Do It Inc. Both are staffing companies located at 801 Golf Lane in Bensenville that provide workers to warehouses throughout the Chicagoland area. Perkins, 65, of Wayne, Ill., and Reindl, 40, of St. Charles, Ill., were each charged April 26 with one count of unlawfully hiring illegal aliens between October 2006 and October 2007. The charges also seek forfeiture from Perkins of $488,095, which was seized from various bank accounts as well as the Bensenville office.

In addition to hiring illegal workers, the defendants allegedly paid their workers’ wages in cash and failed to deduct payroll taxes or other withholdings, according to a single-count criminal information filed in the Northern District of Illinois. “Employers in all industries and locations must comply with the nation’s immigration laws if we are tohave an effective immigration enforcement strategy in this country,” said Gary Hartwig, special agent in charge of the ICE Office of Investigation in Chicago. “ICE is committed to ensuring that employers are held accountable for maintaining a legal workforce. The goal of our enforcement effort is two-fold - reduce the demand for illegal employment, and protect job opportunities for the nation’s lawful workforce.”

Anna II/Can Do It provided both skilled and unskilled labor to clients operating warehouses in various suburbs. The workers performed janitorial services, loaded and unloaded freight packages and merchandise, and installed and removed structures inside warehouses. Both defendants allegedly failed to require the aliens that Perkins hired to provide documents establishing their immigration status or lawful right to work in the United States.

Perkins and Reindl directed low-level supervisory employees to transport illegal workers back and forth between locations near the aliens’ residences in Chicago and work sites in the suburbs, the charges allege. Both also allegedly provided bogus six-digit numbers - purporting to be the last six digits of the aliens’ Social Security numbers - to a company, knowing that their workers were in the country illegally and did not possess valid Social Security numbers. The charges also allege that Perkins and Reindl repeatedly withdrew funds in the amount of $9,800 from bank accounts to pay their employees’ wages in cash, believing that withdrawing amounts less than $10,000 would avoid triggering the banks’ currency transaction reporting requirements.

ICE was assisted in the investigation by the U.S. Department of Labor’s Office of Inspector General in Chicago. Assistant U.S. Attorneys Christopher R. McFadden and Daniel May, Northern District of Illinois, are prosecuting the case. If convicted, unlawfully hiring illegal aliens carries a maximum penalty of five years in prison and a $250,000 fine.

ICE press release

Categories: Employment Immigration, Employer Compliance, Blogroll, General |

From the Immigration Policy Center -

March 18, 2010

Washington D.C. - Today, in the Washington Post, Senators Charles Schumer (D-NY) and Lindsay Graham (R-SC) laid out their blueprint for immigration reform legislation, noting that the American people want Congress to reform the badly broken immigration system. Their framework, welcomed by the President in a statement also released today, rests on four pillars: ending illegal employment through biometric Social Security cards, enhancing border and interior enforcement, managing the flow of future immigration to correspond to economic realities, and creating a tough but fair path toward legalization for the 11 million people currently in the U.S. without authorization. While there will undoubtedly be intense debate over the specifics of each component, the framework marks an important bipartisan step forward on an issue that has been mired in political controversy and held up by both parties for too long.

 ”Today’s statements mark renewed commitment to providing immigration reform that will bolster the economy and provide for America’s future,” said Mary Giovagnoli, Director of the Immigration Policy Center. ”We encourage the President and Senators Schumer and Graham to go beyond words and produce legislation that will finally fix our broken immigration system once and for all.” 
Of critical importance is the recognition that immigration reform can’t be accomplished if we focus on just one aspect of the problem. While many think that immigration reform is only about the millions of unauthorized immigrants currently living in the United States, the scope and necessity of reform is much greater, and will have a significant positive impact on U.S. citizens and businesses. For example, there are insufficient numbers of visas for either high-skilled or less-skilled workers to meet the changing needs of the U.S. economy and labor market, which hurts U.S. business and fuels unauthorized immigration when economic times are good. Outdated and arbitrary visa caps have created long backlogs of family members who wait up to 20 years to be reunited with family living in the United States. Wage and workplace violations by unscrupulous employers who exploit immigrant workers are undercutting honest businesses and harming all U.S. workers. Inadequate government infrastructure is delaying the integration of immigrants who want to become U.S. citizens and fully participate in our civic life.  

The Immigration Policy Center has developed a series of papers which clearly lay out the problems with our broken immigration system, and the solutions which must be included in comprehensive immigration reform legislation. 
To read the papers in the series see:  

• Breaking Down the Problems: What’s Wrong With our Current Immigration System
• Family Immigration: Repairing our Broken Immigration System
• Enforcing Immigration Laws: Repairing our Broken Immigration System
• Naturalization and Integration: Repairing our Broken Immigration System
• Earned Legalization: Repairing our Broken Immigration System
• Employment Verification: Repairing our Broken Immigration System

Categories: Legislation and Policy, Employment Immigration, Employer Compliance, Family Immigration, General |