USCIS released the latest counts for the H1B and H2B cap counts.

To read the release, click here

Categories: Employer Compliance, General |

On July 30, 2008, USCIS announced that individuals with pending Freedom of Information Act requests can now check the status of their request online.

 To read the accouncement, click here.

 To check the status of your FOIA request, click here.

 By Michelle Richart

Categories: Immigration Litigation and Removal, Blogroll, General |

On June 9, 2008, President Bush issued an executive order prohibiting federal contracting agencies from contracting with any companies who do not use an electronic employment eligibility verification system designated by the Secretary of Homeland Security.  The Executive Order does not specify when contractors must comply nor does it designate the specific electronic verification system contractors must use. However, Secretary Michael Chertoff of the Department of Homeland Security responded to the Executive Order by designating E-Verify as the system of choice “to ensure that the federal government only does business with companies that agree to verify the legality of their new hires and further, that the specific employees tapped to perform contract services in the United States for the federal government are authorized to work in this country.”

The E-Verify program (formerly the Basic Pilot Program) is a voluntary, internet-based system, jointly managed by the Department of Homeland Security (DHS) and the Social Security Administration (SSA).  The E-Verify program requires participating employers to verify employment eligibility of new hires by checking the employee’s I-9 information against the SSA and DHS databases.

Companies with federal contracts and others should carefully plan the implementation of E-Verify immediately. Because the use of E-Verify is not risk-proof, cautious employers should contact an immigration attorney before acting.  Badmus Immigration Law Firm (BILF) offers counseling and training in E-Verify implementation. Contact your BILF attorney immediately to avoid the pitfalls of this new turn in immigration compliance.

Click here to contact us.

By Ann Massey Badmus

Categories: Employment Immigration, Employer Compliance, General |

MYTH: Illegal immigrants just don’t want to wait in line like everybody else.”Why don’t they just get in line?!” This question is forever poisoning the immigration debate and it’s posed by radio hosts, every day folks, and even members of Congress. But, before throwing up your hands in defeat when you hear the question, consider responding with these quick mythbusting facts!

FACT: There is no “line” for the vast majority of undocumented immigrants.

• There is no line and the “regular channels” do not include them. If given a choice, opinion surveys of undocumented immigrants indicate that 98 percent would prefer to live and work legally in the U.S. and would do so if they could. However, most do not have the necessary family relationships to apply for legal entry, or, if they do, they face years or decades of waiting time for a visa.

• The ways to “come legally” are restricted to certain categories of persons. Getting a green card is generally limited to four different routes: Employment (The number of green cards available for unskilled or low-skilled workers—hotel workers, landscapers, construction workers to name few — is limited to 5,000 per year for the entire United States); Family (A legal, qualified family member in the U.S. can seek permission (a petition) to bring in certain eligible foreign-born family members); Political refugees; and Lottery.

More mythbusting facts on this issue can be found in Why Don’t They Just Get In Line? The Real Story of Getting a “Green Card” and Coming to the U.S. Legally, AILA’s one page fact sheet.

“AILA InfoNet Doc. No. 08061164 (posted Jun. 11, 2008)”

Categories: Legislation and Policy, General |

On June 9, 2008, Chertoff annouced that USCIS will begin issuing two year work permits, instead of one year work permits, for certain individuals who have pending adjustment of status cases (pending green cards).  To read the release, click here.

By Michelle Richart

Categories: Employment Immigration, Family Immigration, Medical Professionals, Blogroll, General |

In order to help expedite applications and due to recent delays in naturalization applications, USCIS just announced that it will begin a centralized processing procedure.  To read the release, click here.

By Michelle Richart

Categories: Employment Immigration, Family Immigration, Blogroll, General |

If so, Customs and Border Patrol issued a press release on June 6, 2008, with some helpful tips to make your experience easier. 

Click here to read the release.

 By Michelle Richart

Categories: Blogroll, General |

On June 6, 2008, the Department of Homeland Security released the following press release:

 For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

The U.S. Department of Homeland Security (DHS) announced today the launch of three initiatives – the Global Entry pilot program, the Passenger Service Program, and an expanded Model Ports Initiative – intended to strengthen customer service at U.S. ports of entry.

“Perhaps the single criticism we hear most from international travelers is frustration with the entry process,” said Homeland Security Secretary Michael Chertoff. “We’re committed to a more welcoming environment for the roughly one million foreign travelers arriving at our ports each day. These initiatives will reduce much of the frustration and anxiety we encounter, and make it easier on our frontline personnel to focus even more on actual security and criminal risks.”

Global Entry is a customer service and security program designed to expedite the screening and processing of pre-approved, low-risk travelers entering the U.S.* Currently only U.S.Citizens and Lawful Permanent Residents (LPR) are eligible to join.** The pilot starts today at George Bush Intercontinental, John F. Kennedy International and Washington Dulles International airports. Global Entry applicants will voluntarily provide their biographic and biometric information, undergo a background check and complete an interview with a U.S. Customs and Border Protection (CBP) officer. Once accepted, Global Entry travelers can use a kiosk at any of the three pilot airports to verify their identity electronically and make any needed customs declarations. CBP has been accepting applications at www.cbp.gov/travel since May 12.

Under the new Passenger Service Program, CBP Program Service Managers will serve as a dedicated point of contact for identifying and resolving passenger issues. The initiative promotes customer service techniques in officer interactions with the traveling public, and includes joint efforts with the private sector and industry stakeholders to reduce wait times through the use of improved signage and technology. The program will be established at CBP’s top 20 Model Ports.

The department also is expanding the Model Ports Initiative to 18 additional airports. Originally established in 2006 as part of the Rice-Chertoff Initiative, Model Ports has enhanced border security with the use of the new technology while streamlining security processes and facilitating travel for legitimate visitors. In addition to brochures and increased signage, a new video, currently available in Spanish, French, German and English, will assist travelers through the customs and immigration process by providing practical information about the entry process and required entry documents and forms.

In a related effort, CBP is providing wait times online at www.cbp.gov for 16 of the busiest international airports and pedestrian wait times for 12 land border crossings in Arizona, California, and Texas.

###

* Removed the word “foreign”; ** added sentence, June 6, 2008.

 By Michelle Richart

Categories: Employment Immigration, Family Immigration, Blogroll, General |

This month the Office of the Inspector General released the results of their FBI Security Procedures Audit.  The redacted, 123 page report released to the public summarizes the current FBI name check program, it’s deficiencies, and makes recommendations.

Notably, last year, the FBI received 4 million name check requests and approximately 14% of those checks took more than 60 days, many taking several months.  The report also notes that approximately 50,000 naturalization applications are still pending background checks initiated more than one year ago and the same is true for approximately 45,000 application to adjust status to permanent resident.

 To read the report, click here. 

 By Michelle Richart

Categories: Immigration Litigation and Removal, Legislation and Policy, Family Immigration, Medical Professionals, Blogroll, General |

Recently, the Department of Labor (DOL) has conducted a review of denied PERM cases in the appeals/motions queue for “clear error,” and that 350– more than one-third of the approximately 900 cases reviewed thus far –have been returned to the PERM queue for processing.
This is the result of a pilot program advocated by AILA, as discussed in this passage from the minutes of the April 3, 2008, stakeholder meeting:
“The DOL has initiated a pilot ’sub-queue’ of ‘government error’ cases by pre-screening them. Examples of ‘government error’ would be requiring Kellogg language when it is not required; a clear communication problem such as where an audit letter is not received by an employer or representative, or where an audit reply is timely submitted but is not matched with the case, and data entry errors on mail-in cases.”

AILA InfoNet Doc. No. 08052961 (posted May. 29, 2008)

Categories: Employment Immigration, General |