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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.

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

  • 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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