March 2011

At least 12,000 additional numbers will be available for EB-2 (employment-based, second preference) immigrant visa because of a dramatic reduction in the use of EB-1 (employment-based, first preference) immigrant visa, the Chief of Immigrant Visa Control and Reporting Division, U.S. Department of State, Charlie Oppenheim, has announced. He said U.S. Citizenship and Immigration Services “ha[s]…

Becoming the latest state to mandate E-Verify usage, Governor Bob McDonnell announced that Virginia state government agencies will be required to utilize the online system for new hires effective July 1, 2011, in order to determine the employment eligibility of new hires.

Virginia had already passed a law in 2010 (H.B. 737) requiring state executive…

E-Verify: the Good, the Bad, and the Unresolved

The United States Citizenship and Immigration Services (USCIS) has recently released an independent report of the E-Verify system, highlighting the successes, failures, and remaining challenges that face employers face today.

The Good

USCIS reduced the Tentative Nonconfirmations (TNCs or mismatches) from 8% between June 2004 and March …

Guest Blog by Scott Blaney

The tide of state immigration laws in Arizona appears to have ebbed. On March 17, 2011, the Arizona State Senate voted down five controversial bills aimed at controlling illegal immigration in the state. The Senate’s rejection of the bills came just two days after 50 Chief Executive Officers in Arizona…

Immigration-Related Relief Individuals Stranded in U.S. Due to Earthquake and Tsunami Devastation

The U.S. Citizenship and Immigration Service has announced that relief will be provided to certain Japanese and Other Nationals from the Pacific who are stranded in the United States due to the earthquake and tsunami devastation that occurred in March. Individuals who have…

With news of record-breaking immigration enforcement results and the new Employment Compliance Inspection Center, pressure on employers regarding Form I-9 compliance may seem unrelenting. However, a recently published decision by the Office of the Chief Administrative Hearing Officer appears to give employers greater negotiating power, a glimmer of good news.

The Office of the…

The Department of Homeland Security’s Immigration and Customs Enforcement (ICE) office has told 1,000 employers across the country the agency will audit their hiring records to determine compliance with employment eligibility verification laws. These Notices of Inspection (NOIs) often request not only I-9 documentation, but payroll records, copies of immigration filings, copies of Social Security…