As unemployment statistics top 8.9% in the latest release from the U.S. Department of Labor, economic stability and growth continues to remain a focal point of discussion.  It's difficult to comprehend that while so many people are losing their jobs, there is still a significant shortage of workers in particular sectors.  U.S. manufacturers report labor shortages in product development and production in aerospace, medical devices, alternative energy and infrastructure improvements throughout the United States.  The U.S. also depends on temporary workers from all over the world to supplement seasonal positions in the agricultural, hospitality, food service and construction industries.  In addition, our nation is still projecting a worker shortage of millions of people in the coming decades as baby boomers retire.  Projections vary in terms of workforce statistics, but according to census details, 78 million Americans were born between 1946 and 1964, the first of whom will turn 65 in 2011.  Even if a quarter of our current workforce is made up of this population, we will have a series deficit on our hands. 
 
It's clear that President Obama is cognizant of these issues and that there is no single answer, program or reform that can solve everything at one time, hence his aggressive agenda, righting the ship to secure the US as a powerhouse.  That being said, announcements by Cecilla Munoz, Deputy Assistant to the President, regarding the possibility of Comprehensive Immigration Reform (CIR) serves as a public recognition from our top officer that immigration reform is both necessary and timely in order to aide in economic recovery.  It must happen now in order to tackle the complex work force issues at hand.
 
Former U.S. Department of Labor chief economist Diana Furchtgott-Roth sites four tangible ways CIR will be advantageous.  She talks about an increase in taxes paid federally and to individual states as well as a decrease in families without health insurance thereby increasing the effectiveness of our healthcare system to name a few.  The American Immigration Lawyers Association (AILA) goes on to lay out simple facts.  "Legalizing undocumented workers would improve wages and working conditions for all workers and increase tax revenues for cash-strapped federal, state, and local governments."  They further note that a 2007 report from the White House Council of Economic Advisers concluded that immigration as a whole increases the U.S. Gross Domestic Product (GDP) by roughly $37 billion each year."  Lastly, "newly legalized workers would be able to move into higher-paying jobs, pay more in taxes, and spend more on goods and services-all of which would increase the already-substantial economic benefits of immigration for the United States."  Combining these statistics and projections from top economists with a shrinking workforce and a tremendous deficit, CIR provides the US with real potential for change.
 
The Immigration Policy Center says it best, "Without comprehensive reform of the immigration system, our nation cannot experience a full economic recovery.  As it is, undocumented workers make up roughly 5% of our labor force.  In the absence of reform, this huge chunk of our workforce will continue to fall through a trap door into the underground economy.  The existence of a large underground labor market puts downward pressure on wages in some industries, weakens workplace safety, and undermines the well-being of all American workers.  Reforming our immigration system should be part of the solution, not an enduring obstacle, to fixing our economy."

Employers who enter into contracts or sub-contracts with the federal government have been monitoring the pending government legislation that may require them to register for E-Verify.  The good news for those not looking forward to this burden is that the final rule requiring federal contractors to utilize E-Verify for new hires and to re-verify any current employees working on existing contracts has been suspended until September 8, 2009.  Therefore, any federal contracts entered into prior to September 8, 2009 will not mandate the use of E-Verify. 
 
According to U.S. Citizenship and Immigration Services, the extension provides the Obama Administration adequate opportunity to review the entire rule prior to its applicability to federal contractors and subcontractors.  However, the delay is probably also a result of a pending lawsuit in federal court that challenges the legality of this regulation.  The lawsuit, which was filed by the U.S. Chamber of Commerce and is joined by the Society for Human Resource Management, the Associated Builders and Contractors Inc., the American Council on International Personnel and the HR Policy Association, says that E-Verify is too costly, burdensome and flawed for mandatory use.  The Plaintiffs also fear an increase in discrimination lawsuits from employees.  The suit argues that Congress, not a federal agency, has authority to mandate this kind of work authorization. 
 
E-Verify is an Internet based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees.  E-Verify is controversial; the number of errors that it contains and the contract that users must sign with the government promising to cooperate with any investigations are just some of the hot topics surrounding this system.
 
If your company is considering signing up for E-Verify, either under this regulation or voluntarily, please contact Grzeca Law Group to discuss the possible implications.

A K-1 visa is a single entry nonimmigrant visa which allows a U.S. citizen to bring his/her foreign fiancé to the United States.  Upon entry to the United States, the U.S. citizen and the foreign national are required to marry within 90 days.  After marrying, the foreign national is eligible to file for his/her permanent resident status pursuant to their marriage to a U.S. citizen.  The application for permanent resident status also includes applications for an advanced parole document and an employment authorization document.
 
To apply for a K-1 visa a Petition for Alien Fiancé (Form I-129F) is filed with U.S. Citizenship and Immigration Services (CIS) and typically takes 5-6 months to be adjudicated.  The petition needs to be accompanied by evidence of the relationship showing that the relationship is "real" and that the couple has met each other in person within the last two years. 
 
If CIS approves the petition it is forwarded to the National Visa Center and then sent on to a U.S. Embassy or Consulate.  Once received by the U.S. Embassy or Consulate, the foreign national is contacted directly and given further instructions and information regarding visa fees, the  interview, medical exam, and completing the final biographic forms.  It is important to note that even though the fiancé visa is a nonimmigrant visa originally filed with CIS the final processing will take place at a U.S. Embassy or Consulate.
 
Prior to the foreign national attending his/her interview, the U.S. citizen is required to complete a short affidavit of support for his/her fiancé to be submitted directly to the Embassy or Consulate by the foreign national.  The purpose is to prove that the U.S. citizen has the financial means to support his/her fiancé upon entry to the United States.  Financial documents are also required as evidence.
 
Children of the foreign national under the age of 21 are eligible to enter to the U.S. on a K-2 visa with their parent.  Children do not need to have petitions individually filed on their behalf with CIS, but need to be listed on the parent's petition and included on the affidavit of support.  Necessary biographic forms and medical exams must be completed once their parent's case has reached the Embassy or Consulate.  Children are also eligible to file for their adjustment of status once their parent and the U.S. citizen marry.

Please contact John Sesini at Grzeca Law Group for further information.

The iCERT Visa Portal System is a new system created for the U.S. Department of Labor to provide employers and their representatives with one system to access case information for various supported visa types.  Effective June 30, 2009, one is required to file Labor Condition Applications (LCA) for H-1B and E-3 Petitions utilizing the iCERT Visa Portal System.  There will no longer be immediate turnaround for the LCA's, as the anticipated processing time will now be seven business days.
 
In addition to the LCA, effective October 1, 2009, one will be required to file the Application for Permanent Employment Certification (Form ETA-9089) for the PERM process through the iCERT Visa Portal System as well.  At this time, it is unclear what types of delays may result from this change in systems for the PERM Application process.
 
Grzeca Law Group is registering on the DOL's new system in anticipation of June 30.  Please contact us if you have any further questions about the new iCERT Visa Portal System and how it may affect the processing of H-1B Petitions.