The U.S. Supreme Court (with just eight justices sitting) has held oral argument on the U.S. Department of Justice’s challenge to Arizona’s Support Our Law Enforcement and Safe Neighborhoods Act (“S.B. 1070”) in Arizona v. U.S., No. 11-182. Justice Elena Kagan is not participating in the case because she was the Solicitor General and involved
US Immigration
Document Fraud in Workplace Gets A Congressional Hearing
The prevalence of document fraud in the workplace was the subject of Immigration and Customs Enforcement Deputy Assistant Director Waldemar Rodriguez’s testimony yesterday before the U.S. House of Representatives House Committee on the Judiciary, Subcommittee on Immigration Policy and Enforcement. She noted that because immigration-related crime poses a significant threat to national security and public…
USCIS Releases Information on Filed H-1B Petitions
As of April 4, 2012, USCIS has received 22,500 H-1B non-immigrant visa petitions needed to meet the regular and master’s degree caps, according to information released by the agency on H-1B non-immigrant visa petitions for Fiscal Year 2013. Approximately one-third of the petitions received are counted toward the 20,000 master’s degree cap. The H-1B regular…
ICE In The Easter Basket
The Obama administration is launching another round of worksite investigations. ICE officials indicate approximately 500 employers have been visited during the past couple of days by Special Agents who have requested not only the employment verification forms (Forms I-9), but also evidence of the corporate structure, contracts with subcontractors and temporary employment agencies, and payroll…
Employment-Based Immigrant Visa Category EB-2 Going to Retrogress?
The tide seems to be turning and the EB-2 immigrant visa numbers may again retrogress for nationals of India and China. Charlie Oppenheim, Chief, Visa Control and Reporting at the Department of State, speaking at the recent AILA Midwest Regional Conference in Chicago, advised American Immigration Lawyers Association Members that he will likely retrogress India…
DOL H-2B Rule Modifies Application Process, Strengthens Worker Protection; Effective April 23, 2012
Reversing many of the critical reforms initiated in 2009 that streamlined the H-2B application process, the U.S. Department of Labor has amended its regulations governing the certification of the employment of foreign workers performing temporary or seasonal non-agricultural labor or services under the H-2B visa program. The Final Rule will take effect on April 23…
H-1B Employers: Prepare For Site Visits From USCIS
At a time of increasingly aggressive enforcement of immigration laws, the California Service Center of the U.S. Citizenship and Immigration Service has notified certain stakeholders that the USCIS will be ramping up “administrative site visits” in connection with H-1B petitions filed by U.S. employers. This is an effort at enhanced enforcement in response to the…
Department of Homeland Security Strategic Plan Released
Secretary Janet Napolitano has released the U.S. Department of Homeland Security’s Strategic Plan for Fiscal years 2012-2016. The plan, released on February 13, outlines broadly the Department’s missions and goals to align program activity to better serve the public. More importantly, the plan revisits mission performance benchmarks and projects how those benchmarks will change as…
L-1 Specialized Knowledge – Where Do We Go From “If Everyone Is Special Then No One Is Special?
Many multinational companies with global operations use L-1 visas to facilitate the transfer of their executives, managers and specialized knowledge personnel into the U.S. for temporary assignments. In the last couple of years, these companies have experienced extreme backlogs, denials and inconsistent challenges by U.S. Citizenship and Immigration Service and Consular Offices.
The U.S. Chamber…
Worksite Enforcement Update – Employers Revisited by ICE?
“Hi, this is Kevin."
“Hi Kevin, it’s Sally at ABC Company. We need your help again. ICE Special Agents came by the worksite again today and delivered a Notice of Inspection for our Forms I-9 and supporting documents. They limited the inspection to the I-9s for active AND separated employees hired after their last inspection, …