Corporate Immigration Services for
US and Foreign Companies
LL.M. Law Group can help retain the critical international
talent that your company needs. We also have experience advising individuals and
companies located abroad how to obtain immigration benefits through investment
in the United States.
If you are a U.S. company or employer seeking to sponsor a
nonimmigrant or immigrant employee, please complete the
Employer Immigration Questionnaire (one for every employee) in full and
return to our office by e-mail, fax
or mail to the address below. Please note that you will need to provide
documentation regarding your ability to pay the sponsored employee and also
copies of all passports and immigration documentation pertinent to the case.
If you are an individual or company located outside the U.S. but
are seeking to obtain immigration benefits by investing in the United States,
please complete the
Investor
Immigration Questionnaire. Please note that you will need to provide
extensive documentation regarding the investment.
Work Visas USCIS Updates
Updated March 9, 2010
USCIS to Accept H-1B Petitions for FY 2011 Beginning April 1, 2010. On
March 8, 2010 USCIS announced that it will begin accepting H-1B petitions
subject to the fiscal year (FY) 2011 cap on April 1, 2010. The fiscal year cap
(numerical limitation on H-1B petitions) for FY 2011 is 65,000. Petitioners are
Reminded to Follow Regulatory Requirements.
For more information please visit
http://www.uscis.gov/.
Updated March 7, 2010
USCIS FAQs: Federal Contractors and E-Verify (Revised
11/2009). USCIS has revised the FAQs regarding Federal Contractors and E-Verify.
For more information please click
here or
visit
http://www.uscis.gov/.
Joint SSA and DHS Presentation on E-Verify and Federal
Contractors. Click
here for the USCIS: E-Verify for Federal Contractors Power Point
Presentation.
Quick Reference Guide to E-Verify For Employers.
This joint USCIS and SSA Quick Reference Guide to E-Verify for employers covers
topics such as case administration, mailing of documents, user administration,
and more. Click
here for the Guide.
Updated December 23, 2009
USCIS Reaches FY 2010 H-1B Cap. On 12/22/09 U.S. Citizenship
and Immigration Services (USCIS) announced that it has received a sufficient
number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2010.
USCIS is hereby notifying the public that Dec. 21, 2009 is the “final receipt
date” for new H-1B specialty occupation petitions requesting an employment start
date in FY 2010.
Petitions filed on behalf of current H-1B workers who have been counted
previously against the cap will not be counted towards the congressionally
mandated FY 2010 H-1B cap. Therefore, USCIS will continue to process petitions
filed to:
- Extend the amount of time a current H-1B worker may remain in the United
States.
- Change the terms of employment for current H-1B workers.
- Allow current H-1B workers to change employers.
- Allow current H-1B workers to work concurrently in a second H-1B position.
For more information please visit
http://www.uscis.gov/.
Updated December 21, 2009
USCIS Updates FY 2010 H-1B and H-2B Count (Updated
12/17/09). As of December 15, 2009, approximately 64,200 H-1B cap-subject
petitions had been filed. USCIS has approved sufficient H-1B petitions for
aliens with advanced degrees to meet the exemption of 20,000 from the fiscal
year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced
degree will now count toward the general H-1B cap of 65,000. USCIS will continue
to accept both cap-subject petitions and advanced degree petitions until a
sufficient number of H-1B petitions have been received to reach the statutory
limits, taking into account the fact that some of these petitions may be denied,
revoked, or withdrawn.
For more information please visit
http://www.uscis.gov/.
Updated December 14, 2009
DOS Proposed Rule on Schedule of Fees for Consular Services.
On 12/14/09, DOS issued a proposed rule that amends the schedule of fees for
consular services for nonimmigrant visa application and border crossing card
processing fees. The rule raises the application processing fee for most
non-petition-based nonimmigrant visas and adult border crossing cards.
The rule raises from $131 to $140 the fee charged for the
processing of an application for most non-petition-based nonimmigrant visas
(Machine-Readable Visas or MRVs) and adult Border Crossing Cards (BCCs). The
rule also provides new application fees for certain categories of petition-based
nonimmigrant visas and treaty trader and investor visas (all of which are also
MRVs).
Applicants for petition-based visas would pay an application fee of $150.
These categories include:
- H visa for temporary workers and trainees
- L visa for intracompany transferees
- O visa for aliens with extraordinary ability
- P visa for athletes, artists and entertainers
- Q visa for international cultural exchange visitors
- R visa for religious occupations
For more information please visit
http://www.state.gov/
USCIS Updates FY 2010 H-1B and H-2B Count (Updated
12/14/09). As of December 10, 2009, approximately 62,500 H-1B cap-subject
petitions had been filed. USCIS has approved sufficient H-1B petitions for
aliens with advanced degrees to meet the exemption of 20,000 from the fiscal
year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced
degree will now count toward the general H-1B cap of 65,000. USCIS will continue
to accept both cap-subject petitions and advanced degree petitions until a
sufficient number of H-1B petitions have been received to reach the statutory
limits, taking into account the fact that some of these petitions may be denied,
revoked, or withdrawn.
For more information please visit
http://www.uscis.gov/.
Updated December 8, 2009
USCIS Updates FY 2010 H-1B and H-2B Count (Updated
12/8/09). As of December 4, 2009, approximately 61,100 H-1B cap-subject
petitions had been filed. USCIS has approved sufficient H-1B petitions for
aliens with advanced degrees to meet the exemption of 20,000 from the fiscal
year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced
degree will now count toward the general H-1B cap of 65,000. USCIS will continue
to accept both cap-subject petitions and advanced degree petitions until a
sufficient number of H-1B petitions have been received to reach the statutory
limits, taking into account the fact that some of these petitions may be denied,
revoked, or withdrawn.
For more information please visit
http://www.uscis.gov/.
Updated December 6, 2009
Types of USCIS Site Visits. At a November 19, 2009,
program put on by the Department of Homeland Security, titled "2009 Government
and Employers: Working Together to Ensure a Legal Workforce," Ronald Atkinson,
Chief of Staff of USCIS' Fraud Detection and National Security (FDNS) office,
explained the three types of site visits that are currently being conducted:
1. Risk Assessment Program fraud study. Applicable to any type of
benefit program, including family and employment-based, this study is part of a
joint program between USCIS and ICE. Applications and petitions are chosen at
random, usually on a post-approval basis, for visits to help in designing
profiles of potential fraud.
2. Targeted site visits. These visits take place where fraud is
suspected, and consist of a visit to ask questions. Advance notice, including
notice to counsel, is supposed to be provided.
3. Administrative site visits. These relate to religious worker and
H-1B petitions. They generally are conducted by contractors who know nothing of
immigration law. Religious worker visits are performed under the regulations for
that category. For H-1B site visits, the contractors have been equipped with a
set of specific questions, and all employers/beneficiaries should be asked
pretty much the same questions, primarily reaching the issues of whether there's
really an employer there, whether the employer knows it filed the petition, and
whether the beneficiary is doing the work and receiving the wage indicated on
the petition. H-1B visits are done on a post-adjudication basis, and are
randomly selected. Each employer should receive only one such visit, but may
receive different visits for different sites.
For more information please visit
http://www.dhs.gov/index.shtm
ICE Form I-9 Inspection Overview and Civil Fine Guidance. On November
19, 2009, ICE released guidance on Form I-9 inspections and civil fines. The
guidance outlines the process of an I-9 inspection and provides five factors
that ICE considers during the course of the inspection and when determining a
recommended fine. For more information click
here.
USCIS Representatives Discuss Recent Increase in FY 2010
H-1B Filings. At the New York CLE on December 1, 2009, USCIS representatives
discussed H-1B usage. Without revealing the exact number of H-1B petitions have
been received, nor providing an estimate of the number of H-1B visas remaining,
USCIS indicated that there has been an "uptick" in receipts in the last two
weeks, including approximately 2000 received in the days before Thanksgiving.
USCIS also confirmed that demand for visas under the Chile and Singapore
provisions has been very small this year. USCIS has, for several years,
estimated the demand for Chile/Singapore visas, and has set aside that estimated
number. The remaining number of visas that are set aside for Chile and Singapore
(from maximums of 1,400 for nationals of Chile and 5,400 for nationals of
Singapore) are returned to the "general" H-1B pool, and USCIS accepts petitions
up to a number that includes an estimate of the number of Chile and Singapore
visas that will go unused. Thus, though the Chile/Singapore set aside reduces
initially the H-1B cap from 65,000 to 58,200, in reality, some number of
thousand unused Chile/Singapore visas are added back in, bringing the number of
H-1B visas generally available well above 58,200. That is why, according to the
latest H-1B cap count, the number, 58,900, exceeds 58,200.
For more information please visit
http://www.uscis.gov/.
USCIS Updates FY 2010 H-1B and H-2B Count (Updated
11/30/09). As of November 27, 2009, approximately 58,900 H-1B cap-subject
petitions had been filed. USCIS has approved sufficient H-1B petitions for
aliens with advanced degrees to meet the exemption of 20,000 from the fiscal
year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced
degree will now count toward the general H-1B cap of 65,000. USCIS will continue
to accept both cap-subject petitions and advanced degree petitions until a
sufficient number of H-1B petitions have been received to reach the statutory
limits, taking into account the fact that some of these petitions may be denied,
revoked, or withdrawn.
For more information please visit
http://www.uscis.gov/.
Updated November 19, 2009
USCIS Updates FY 2010 H-1B and H-2B Count (Updated 11/18/09). As of
November 13, 2009, approximately 55,600 H-1B cap-subject petitions had been
filed. USCIS has approved sufficient H-1B petitions for aliens with advanced
degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B
petitions filed on behalf of an alien with an advanced degree will now count
toward the general H-1B cap of 65,000. USCIS will continue to accept both
cap-subject petitions and advanced degree petitions until a sufficient number of
H-1B petitions have been received to reach the statutory limits, taking into
account the fact that some of these petitions may be denied, revoked, or
withdrawn.
For more information please visit
http://www.uscis.gov/.
Updated November 17, 2009
USCIS Updates FY 2010 H-1B and H-2B Count (Updated 11/17/09). As of
November 6, 2009, approximately 54,700 H-1B cap-subject petitions had been
filed. USCIS has approved sufficient H1-B petitions for aliens with advanced
degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B
petitions filed on behalf of an alien with an advanced degree will now count
toward the general H1-B cap of 65,000. USCIS will continue to accept both
cap-subject petitions and advanced degree petitions until a sufficient number of
H-1B petitions have been received to reach the statutory limits, taking into
account the fact that some of these petitions may be denied, revoked, or
withdrawn.
For more information please visit
http://www.uscis.gov/.
Updated November 4, 2009
USCIS Updates FY 2010 H-1B and H-2B Count (Updated 11/03/09). As of
October 25, 2009, approximately 52,800 H-1B cap-subject petitions and
approximately 20,000 petitions qualifying for the advanced degree cap exemption
had been filed. Any H1-B petitions filed on behalf of an alien with an advanced
degree will now count toward the general H1-B cap of 65,000. USCIS will continue
to accept both cap-subject petitions and advanced degree petitions until a
sufficient number of H-1B petitions have been received to reach the statutory
limits, taking into account the fact that some of these petitions may be denied,
revoked, or withdrawn.
For more information please visit
http://www.uscis.gov/.
Updated October 8, 2009
DHS Rescission of Safe-Harbor Procedures for Employers Who Receive a
No-Match Letter. DHS issued a final rule amending regulations for
safe-harbor procedures for employers who receive No-Match letters. This rule
rescinds the amendments promulgated on August 15, 2007, and October 28, 2008.
SUMMARY: The Department of Homeland Security (DHS) is amending its
regulations by rescinding the amendments promulgated on August 15, 2007, and
October 28, 2008, relating to procedures that employers may take to acquire a
safe harbor from receipt of No-Match letters. DHS is amending its regulations as
proposed on August 19, 2009, without change. Implementation of the 2007 final
rule was preliminarily enjoined by the United States District Court for the
Northern District of California on October 10, 2007. After further review, DHS
has determined to focus its enforcement efforts relating to the employment of
aliens not authorized to work in the United States on increased compliance
through improved verification, including participation in E- Verify, ICE Mutual
Agreement Between Government and Employers (IMAGE), and other programs.
For more information please visit
http://www.dhs.gov/index.shtm
Updated October 2, 2009
USCIS' FDNS Commences Audit of H-1B Program, Including Unannounced Site
Visits to H-1B Employers and Their Clients. The U.S. Citizenship and
Immigration Services’ (USCIS) Office of Fraud Detection and National Security (FDNS)
has recently commenced an assessment of the H-1B program.
USCIS created the FDNS in 2004 with a mission to detect, deter, and combat
immigration benefit fraud and to strengthen USCIS’ efforts ensuring benefits are
not granted to persons who threaten national security or public safety. FDNS is
USCIS’ primary conduit for information sharing and collaboration with other
governmental agencies, including Immigration Customs and Enforcement (ICE). FDNS
currently consists of approximately 650 Immigration Officers, Intelligence
Research Specialists, and Analysts located in field offices throughout the
United States. Additionally, FDNS has contracted with multiple private
investigation firms to conduct site visits on behalf of FDNS. FDNS’ budget is
derived from the Fraud Fee, which is paid by employers with each initial H-1B or
L petition.
AILA's Verification Liaison Committee offers a practice pointer on a Fraud
Detection and National Security (FDNS) H-1B audit and reminds members of
employer rights during an FDNS site visit.
For more information please visit
http://www.uscis.gov/.
USCIS Updates FY 2010 H-1B and H-2B Count (Updated 10/01/09)
USCIS updated its count of FY 2010 cap-subject H-1B petitions and advanced
degree cap-exempt petitions, as well as FY 2010 H-2B petitions received as of
9/25/2009.
As of September 25, 2009, approximately 46,700 H-1B cap-subject petitions and
approximately 20,000 petitions qualifying for the advanced degree cap exemption
had been filed. USCIS will continue to accept both cap-subject petitions and
advanced degree petitions until a sufficient number of H-1B petitions have been
received to reach the statutory limits, taking into account the fact that some
of these petitions may be denied, revoked, or withdrawn.
For more information please visit
http://www.uscis.gov/.
Updated September 9, 2009
USCIS Update: E-Verify Federal Contractor Rule Now Effective. On
9/8/09 USCIS issued an update reminding federal contractors and subcontractors
that they now may be required to use the E-Verify system to verify their
employee's eligibility to work in the U.S. if their contract includes the
Federal Acquisition Regulation (FAR) E-Verify clause.
For more information please visit
http://www.uscis.gov/.
Updated September 8, 2009
Federal Contractors Required to Use E-Verify Beginning Sept. 8, 2009.
Effective Sept. 8, 2009, federal contractors and subcontractors are required to
use the E-Verify system to verify their employees' eligibility to work in the
United States if their contract includes the Federal Acquisition Regulation
(FAR) E-Verify Clause.
For more information please visit
http://www.uscis.gov/.
Handbook for Employers revised 07/31/09. Click
here.
USCIS Updates FY 2010 H-1B and H-2B Count (Updated 9/4/09).
USCIS updated its count of FY 2010 cap-subject H-1B petitions and advanced
degree cap-exempt petitions, as well as FY 2010 H-2B petitions received as of
8/28/2009.
As of August 28, 2009, approximately 45,100 H-1B cap-subject petitions had
been received by USCIS and counted towards the H-1B cap. Approximately 20,000
petitions qualifying for the advanced degree cap exemption had been filed. USCIS
will continue to accept both cap-subject petitions and advanced degree petitions
until a sufficient number of H-1B petitions have been received to reach the
statutory limits.
For more information please visit
http://www.uscis.gov/.
Updated August 27, 2009
USCIS Update: Expiration Date of Employment Eligibility Verification Form
I-9 Extended to August 31, 2012. On 8/27/09 USCIS announced that OMB has
extended its approval of the I-9 Employment Eligibility Verification form to
8/31/2012. An amended version of the form is available. Employers may use either
the current form or the new one with a revision date of 8/7/09.
Updated form I-9
For more information please visit
http://www.uscis.gov/.
Updated August 20, 2009
USCIS Updates FY 2010 H-1B and H-2B Count (Updated 8/19/09).
USCIS updated its count of FY 2010 cap-subject H-1B petitions and advanced
degree cap-exempt petitions, as well as FY 2010 H-2B petitions received as of
8/14/09.
As of August 14, 2009, approximately 45,000 H-1B cap-subject petitions had
been received by USCIS and counted towards the H-1B cap. Approximately 20,000
petitions qualifying for the advanced degree cap exemption had been filed. USCIS
will continue to accept both cap-subject petitions and advanced degree petitions
until a sufficient number of H-1B petitions have been received to reach the
statutory limits.
In addition, USCIS has received 8,974 H-2B petitions for the first half of FY
2010. It has approved 8,183 and 791 are pending.
For more information please visit
http://www.uscis.gov/.
Updated August 12, 2009
USCIS Explains Employment-Related Notification Requirements for
Petitioners of Religious Workers. On August 10, 2009 U.S. Citizenship and
Immigration Services (USCIS) announced the manner in which petitioners for
religious workers must notify USCIS regarding their employment of nonimmigrant
religious workers in R-1 status. The procedures are necessary to enable
petitioners to comply with the notification requirements established by USCIS
regulations governing the R-1 nonimmigrant classification.
For more information please visit
http://www.uscis.gov/.
USCIS Updates FY 2010 H-1B and H-2B Count (Updated 8/11/09). USCIS
updated its count of FY 2010 cap-subject H-1B petitions and advanced degree
cap-exempt petitions, as well as FY 2010 H-2B petitions received as of 8/7/09.
As of August 7, 2009, approximately 44,900 H-1B cap-subject petitions had
been received by USCIS and counted towards the H-1B cap. USCIS will continue to
accept both cap-subject petitions and advanced degree petitions until a
sufficient number of H-1B petitions have been received to reach the statutory
limits.
In addition, USCIS has received 8,974 H-2B petitions for the first half of FY
2010. It has approved 8,183 and 791 are pending.
Note that on August 6, 2009, USCIS announced the reopening the FY 2009 H-2B
filing period and immediately began accepting petitions. H-2B petitions for FY
2009 must be received, evaluated and adjudicated on or before September 30,
2009. Petitions received on or after Oct. 1, 2009, and/or requesting a starting
date on or after Oct. 1, 2009, will be considered towards the fiscal year 2010
H-2B cap.
For more information please visit
http://www.uscis.gov/.
Updated July 15, 2009
DOJ "Do's and Don'ts" for Employers on E-Verify. Guidance for
employers regarding E-Verify from the Office of Special Counsel for
Immigration-Related Unfair Employment Practices, Civil Rights Division, DOJ.
Click
here for more information.
Updated July 14, 2009
Secretary Napolitano Strengthens Employment Verification with
Administration's Commitment to E-Verify. On July 8, 2009 Department of
Homeland Security (DHS) Secretary Janet Napolitano strengthened employment
eligibility verification by announcing the Administration’s support for a
regulation that will award federal contracts only to employers who use E-Verify
to check employee work authorization.
For more information please visit
http://www.uscis.gov/.
Updated July 8, 2009
DHS to Propose Rescission of No-Match Rule & Support E-Verify for
Government Contractors. DHS announced that it will be proposing a new
regulation rescinding the 2007 No-Match Rule, which was blocked by court order
shortly after issuance and has never taken effect. Additionally, Secretary
Napolitano expressed support for a regulation to award federal contracts only to
employers who use E-Verify to check employment authorization. Click
here for more
information.
Updated June 14, 2009
Rule Requiring Federal Contractors to Use E-Verify System Delayed. On
June 3, 2009 USCIS announced that implementation of the final rule requiring
federal contractors and subcontractors to begin using U.S. Citizenship and
Immigration Services’ (USCIS) E-Verify system has been delayed until Sept. 8,
2009.
For more information please visit
http://www.uscis.gov/.
Updated May 4, 2009
DHS Announces Changes In Worksite Enforcement Policies.
On April 30, 2009 the Department of Homeland Security announced policy changes
around worksite immigration enforcement. The newly announced DHS guidelines will
focus on criminal prosecutions of employers who knowingly hire unauthorized
workers. In 2008, large-scale raids resulted in more than 6,000 arrests, only
135 of whom were employers. Click
here to read the press release.
Updated April 20, 2009
On April 18, 2009 USCIS announced Interim Rule on H-1B Visas.
Rule modifies petition selection process and prohibits multiple filings.
For more information please visit
http://www.uscis.gov/.
Applicability Date for E-Verify Federal Contractor Rule Extended.
On April 16, 2009 USCIS announced that the applicability date of the
final rule requiring federal contractors and subcontractors to begin using
U.S. Citizenship and Immigration Services’ (USCIS) E-Verify system has
been pushed back by six weeks to June 30, 2009.
For more information please visit
http://www.uscis.gov/.
Updated April 6, 2009
USCIS Reminds all U.S. Employers of Requirements to Use Revised Form I-9,
Employment Eligibility Verification. The revised Form I-9, Employment
Eligibility Verification (Rev. 02/02/09), went into effect on April 3, 2009 for
all U.S. employers. The revision date is printed on the lower right-hand corner
of the form. Employers may no longer use previous versions of the Form I-9.
Click
here for the new I-9 form.
Revised Form I-9 Questions and Answers click
here.
USCIS Announces New Requirements for Hiring H-1B Foreign Workers. On
March 20, 2009 USCIS announced additional requirements for employers, who
receive funds through the Troubled Asset Relief Program or under section 13 of
the Federal Reserve Act (covered funding), before they may hire a foreign
national to work in the H-1B specialty occupation category.
The new “Employ American Workers Act,” (EAWA), signed into law by President
Obama as part of the American Recovery and Reinvestment Act on Feb. 17, 2009,
was enacted to ensure that companies receiving covered funding do not displace
U.S. workers. Under this legislation any company that has received covered
funding and seeks to hire new H-1B workers is considered an “H-1B dependent
employer.” All H-1B dependent employers must make additional attestations to the
U.S. Department of Labor (DOL) when filing the Labor Condition Application. For
more information please visit
http://www.uscis.gov/.
U.S. Department of Labor issued a New Prevailing Wage Form:
In conjunction with the regulations from January 18, 2009 for the
H-2B program, the Department of Labor has created and received approval
from OMB for a new form to collect the necessary information from
employers in order to provide a prevailing wage so that employers may
begin the recruitment process. Employers must begin using the
Form ETA-9141 for wage requests for H-2B work that is to commence on
or after October 1, 2009. Click
here for for instructions on how to complete the form.
Updated March 27, 2009
District Court Overturns Illinois E-Verify Statute
A U.S. District court has ruled
that an Illinois act, prohibiting employers from participating in E-Verify until
SSA and DHS databases are able to make a determination on 99% of the tentative
nonconfirmation notices issued to employers within 3 days, is invalid under the
Supremacy Clause. Click
here for more
information.
Questions and Answers: USCIS to Accept H-1B Petitions for FY 2010
Beginning April 1, 2009. Click
here
for more information.
Questions and Answers: Employ American Workers Act and its Effect on H-1B
Petitions. On March 20, 2009 USCIS announced additional requirements for
employers, who receive funds through the Troubled Asset Relief Program or under
section 13 of the Federal Reserve Act before they may hire a foreign national to
work in the H-1B specialty occupation category. lick
here
for more information.
Updated March 20, 2009
USCIS Releases Updated I-9 Handbook for Employers. USCIS released an
updated Handbook for Employers with instructions for completing Form I-9,
Employment Eligibility Verification Form. The handbook's revision date is
4/3/09. Click
here to view this document.
EB-5 Immigrant Investor Pilot Program Extended. Certain Form I-526
Petitions and Form I-485 Applications Affected. On March 12, 2009
USCIS announced that the Immigrant Investor Pilot Program has been extended
through September 30, 2009 due to March 11 signing of the “Fiscal 2009 Omnibus
Appropriations Bill.” For more information please visit
http://www.uscis.gov/.
Updated February 28, 2009
Premium Processing Service Expanded for Certain Form I-140 Petitions.
USCIS will expand Premium Processing Service for designated Forms I-140
(Immigrant Petition for Alien Worker) to include alien beneficiaries who have
reached, or are reaching, their limitation of stay in H-1B nonimmigrant status.
Currently, only certain alien beneficiaries who are in H-1B nonimmigrant status
at the time of filing may request premium processing for Form I-140. Click
here
to read the update, or visit
http://www.uscis.gov/ for more information.
Fact Sheet: Premium Processing Service for Certain Form I-140 Petitions
Begins March 2, 2009 click
here.
Updated February 4, 2009
The effective date of the new I-9 form.
January 30, 2009. The effective date of the new I-9 form has been
delayed for 60 days, until April 3, 2009. It was originally scheduled to
take effect on February 2.
Updated January 14, 2009
On January 8, 2009 USCIS released Fact Sheet: E-Verify Strengthening the
Employment Eligibility Document Review Process for the Nation’s Employers.
Click
here
to read the Fact Sheet.
Final Religious Worker Rule Effective November 26, 2008. U.S.
Citizenship and Immigration Services (USCIS) published the final rule on the
special immigrant and nonimmigrant religious worker visa categories on November
26, 2008. This rule became effective immediately on the date of
publication. For more information please visit
http://www.uscis.gov/.
News Archives:
2008
NOTICE FOR ILLINOIS EMPLOYERS ABOUT E-VERIFY
What is the status of E-Verify in Illinois?
Earlier this year, the State of Illinois passed a new
law—Section 12(a) of the Illinois Right to Privacy in the Workplace Act—that
would effectively prohibit employers in the state from enrolling in the
Department of Homeland Security’s E-Verify program. In September of 2007, DHS
sued Illinois and asked a court to declare the new law illegal.
The law was scheduled to take effect on January 1, 2008, but the state has
agreed to not enforce this law until DHS’ lawsuit is over. What does all this
mean?
If your business already has enrolled in E-Verify, you may continue to use
E-Verify after January 1, 2008 to confirm that your newly-hired employees are
authorized to work in the United States. If your business has not yet signed up
for E-Verify, you may enroll in the program before or after January 1, 2008 by
going to
www.dhs.gov/E-Verify and following the link for employer registration.
Illinois has agreed that it will not penalize employers simply for participating
in the program, at least until the lawsuit is finished.
Are there any state requirements I have to follow before enrolling in or
using E-Verify?
Possibly. For example, Illinois did pass other new laws that are not a
subject of the DHS lawsuit. Because Illinois only agreed to not enforce Section
12(a), you are encouraged to consult with a lawyer to determine whether any of
these other provisions may be applicable to your business and to understand your
rights and responsibilities under state law. DHS cannot give legal advice to
individual employers.
What should I do if the state says I violated Section 12(a)?
If Illinois state officials attempt to enforce Section 12(a) of the Right to
Privacy in the Workplace Act against your business, please
contact DHS immediately at 1-888-464-4218. This would include any attempt
by the state to: (a) prevent your business from enrolling in E-Verify; (b)
requiring your business to stop using E-Verify; or (c) bringing or threatening
to bring any legal action (including fines) against your business simply for
participating in E-Verify. You may also want to contact a lawyer.
What will happen next?
The state legislature is now considering possible changes to the Illinois
law. At this time, DHS cannot predict with certainty whether Illinois will, in
fact, change its law, what those changes may be, or when the changes may occur.
DHS intends to post future developments regarding the Illinois law on the
E-Verify website,
www.dhs.gov/E-Verify, so employers should check that site on a regular basis
for any updates. We remain hopeful that the state will act to preserve the
ability of Illinois employers to participate in E-Verify without having to
continue with our lawsuit. In the meantime, Illinois mployers are able and
encouraged to take advantage of the E-Verify program.
E-Verify
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E-Verify is a free and simple to use
Web-based system that electronically verifies the employment eligibility
of newly hired employees. For more information on E-Verify visit
www.dhs.gov/E-Verify.
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E-Verify works by allowing participating employers to electronically
compare employee information taken from the Form I-9 (the paper based
employee eligibility verification form used for all new hires) against
more than 425 million records in the Social Security Administration’s (SSA)
database and more than 60 million records in DHS immigration databases.
Results are returned within seconds.
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Currently, more than 30,000 companies are enrolled in E-Verify. More
than 3.2 million new hires have been processed through E-Verify and
usage is growing by roughly 83 percent annually. The system is currently
capable of handling up to 25 million inquiries a year.
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