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 May 6, 2008
USCIS Announces Enhancements to E-Verify Program
WASHINGTON—
U.S. Citizenship and Immigration Services (USCIS) announced today improvements
to the E-Verify employment authorization program that will reduce an already low
mismatch rate, while also streamlining and increasing the effectiveness of the
overall program.
Today's announcement comprises the first two phases of an overall three-part
enhancement for E- Verify aimed at decreasing the mismatch rate for naturalized
citizens.
“Less than one percent of all work-authorized employees receive a tentative
nonconfirmation through E-Verify," said USCIS Acting Director Jonathan Scharfen.
"While this is a very small percentage, we believe every employee who is
authorized to work in the United States should be instantly authorized by the
program. We're confident that the enhancements we're launching today will help
us achieve that goal."
Starting today, the E-Verify system will include naturalization data, which will
help instantly confirm the citizenship status of naturalized U.S. citizens hired
by E-Verify employers. Naturalized citizens who have not yet updated their
records with the Social Security Administration (SSA) are the largest category
of work-authorized persons who initially face an SSA mismatch in E-Verify.
Additionally, a naturalized citizen who receives a citizenship mismatch with SSA
can call USCIS directly to resolve the issue (in addition to the option of
resolving the mismatch in person at any SSA field office.)
E-Verify also will now include real time arrival data from the Integrated Border
Inspection System. This additional data source will reduce the number of
immigration status related mismatches for newly arriving workers who have
entered the country legally.
USCIS also plans to initiate citizenship status records information sharing with
SSA to further help prevent tentative nonconfirmations from occurring. This
effort will improve the efficiency of E-Verify by providing to SSA with the most
accurate and timely citizenship status information. E-Verify also plans to check
against Department of State passport records in the near future to even further
reduce mismatches.
More than 64,000 employers participate in E-Verify with approximately 1,000 new
enrollments weekly. The Web-based system allows participating employers to
electronically verify the employment eligibility of newly-hired employees.
E-Verify evolved from the Basic Pilot/Employment Eligibility Verification
Program originally developed in 1997 and made available to employers as a
Web-based system in 2004. USCIS operates the program in partnership with SSA.
Updated March 22, 2008
DHS
ISSUES SUPPLEMENTAL PROPOSED RULE WITH EMPLOYER GUIDANCE REGARDING
No-Match Letters
The U.S.
Department of Homeland Security (DHS) released today a Supplemental Proposed
Rulemaking for the No-Match Rule previously issued on August 15, 2007. This
rulemaking addresses three issues cited in a decision of the U.S. District Court
for the Northern District of California enjoining the August 2007 No-Match Rule.
This Supplemental Proposed Rulemaking provides a more detailed analysis of how
DHS developed the No-Match policy and will help responsible employers ensure
that they are not employing unauthorized workers.
"We are serious
about immigration enforcement. The No-Match Rule is an important tool for
cracking down on illegal hiring practices while providing honest employers with
the guidance they need," said Homeland Security Secretary Michael Chertoff.
"This supplement specifically addresses the three grounds on which the district
court based its injunction. We have also filed an appeal and are pursuing these
two paths simultaneously to get a resolution as quickly as possible."
The rule does
not create new legal obligations for businesses. It simply outlines clear steps
an employer may take in response to receiving a letter from the Social Security
Administration indicating that an employee’s name does not match the social
security number on file. If the business follows the guidance in the No-Match
Rule, comprising various actions to rectify the no-match within 90 days of
receiving the letter, they will have a safe harbor from the no-match letter
being used against them in an enforcement action.
The original
No-Match Notice of Proposed Rule Making was published on June 14, 2006, and the
comment period was open for 60 days. The department then incorporated the
comments and issued a final rule on August 15, 2007.
DHS is
requesting public comment on the Supplemental Proposed Rulemaking for 30 days
after its publication in the Federal Register.
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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