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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.

• Permanent Labor Certification (Green Card through employment/PERM)
   
• US WORK VISAS
   
• INVESTOR VISAS
   
• RESOURCES FOR EMPLOYERS

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

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

• 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.

• 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.

• 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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