Watson Law Offices Newsletter
November 2011
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| Obama Administration Continues Crackdown on Employers | | |
I-9 audits scheduled to increase in the new Fiscal Year
A recent report by the Wall Street Journal, announced that in recent weeks the Obama administration has notified 500 companies across the country that Immigration and Customs Enforcement (ICE) will soon be inspecting their I-9 records.
The administration appears to not be wasting any time in trying to meet, if not exceed, the level of audits conducted in Fiscal Year 2011. From October 1, 2010 to September 30, 2011, ICE audited 2,496 companies to determine their level of I-9 compliance and detect any hiring of unauthorized workers. This surpassed the previous year's record of 2,196 audits.
We previously warned companies of the danger I-9 audits pose to even the most diligent employers. Although the increasingly large number of I-9 audits has been defended by the Obama Administration as an attempt to weed out employers who hire illegal labor, many of the companies that have been fined hundreds of thousands of dollars as the result of an I-9 audit never hired even one unauthorized worker. Many of the fines dealt out to U.S. companies have been for paperwork violations and failure to properly complete the one-page form.
We hope that all of our clients will continue to be vigilant in the filling out and retention of their I-9 records. Our office offers assistance to companies to ensure that their I-9 policies and procedures are compliant with the law. Should you be interested in discussing I-9 training or a self-audit, do not hesitate to contact our office. Don't let your company be put at risk of fines and liability over "technical" violations. |
December 2011 Visa Bulletin
| |  The U.S. Department of State has now published the latest Visa Availability dates for December 2011. The December 2011 Visa Bulletin sees movement in almost all categories. Applicants from India and China who fall into the Second Preference Employment-Based Category have seen the most significant movement. As we alerted readers in our last newsletter, the Department of State predicted that there would be significant advancement in these two EB-2 categories. Charles Oppenheim, the State Department Official charged with creating and publishing the Visa Bulletin, predicted that these categories could reach cut-off dates of around March 1, 2008. In fact, the December Visa Bulletin shows availability in these categories for applicants with Priority Dates earlier than March 15, 2008! We must warn clients, however, that we do not believe that this forward movement will last for more than the next one or two Visa Bulletins. The government has clearly stated their intentions in "creating" advancement in these two categories. Until all eligible applicants file Applications for Adjustment of Status with U.S. Citizenship and Immigration Services, it is hard for the government to determine just how many people are waiting in line to file. The more applicants who are eligible to file, the easier it is for the government to get a reasonably accurate estimate of how many people are waiting. The government has confirmed that there is likely to be forward movement for the next couple of months, with retrogression to follow for the rest of the 2012 Fiscal Year. Watson Law Offices Summary of the December 2011 Visa Bulletin. |
H-1B Cap Count as of November 14th
| |  Less than 10,000 Visas Remain
U.S. Citizenship and Immigration Services is now reporting the current H-1B Cap Count as of November 14, 2011.
Each Fiscal Year, the government may only issue 65,000 new H-1B visas. An additional 20,000 are set aside for graduates of U.S. Master degree programs.
56,300 Cap-Subject petitions have been received by USCIS for the 2012 Fiscal Year H-1B quota. Only 8,700 visas remain.
The 20,000 visas set aside in the U.S. Master's Cap have all been claimed. All petitions filed for U.S. Master's graduates will now be counted against the regular Cap.
Based on experiences in previous years, it is likely that demand for H-1B visas will increase throughout November. This could very well mean that all visas could be used up in the next few weeks. Once the quota on H-1B visas has been filled, employers will need to wait until April 2012 to file any new H-1B petitions.
Please note: if we have already filed your H-1B petition and your case is pending with the government, you have already been counted against the Cap. Clients in this situation do not need to worry about "missing" the Cap.
If you are an employer interested in hiring a foreign worker under the FY 2012 H-1B Cap, now is the time to contact us!
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| Federal Register Updates List of Health Professional Shortage Areas (HPSAs) | | 
You may also search the address of your facility to see if it qualifies for HPSA designation, by entering the address here.
Please note: if you are an International Medical Graduate who has already had a Conrad Waiver or a National Interest Waiver approved for a facility that was once designated as a HPSA but has now been removed from the list, your previous approval is still valid.
International Medical Graduates willing to work within a HPSA may be eligible for Conrad Waivers or National Interest Waivers. If you are an International Medical Graduate interested in discussing how working in a HPSA (or other underserved areas) can affect your ability to work temporarily or permanently in the United States, please contact the office to schedule a consultation.
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This is an effort on our part to reach out to our larger community of friends, colleagues, current and former clients and anyone interested in Immigration Law. We expect there will be a strong push to make changes to existing Immigration Laws in the coming months and years, and we will try to keep our subscribers informed not only as to what changes are taking place, but how they are likely to impact everyone.
We welcome your input on what we should include, and how we should present this information. Please let us know what you think and what you would like to see. Also, please share this email with anyone whom you think would be interested in and benefit from this information.
THANK YOU!
Sincerely,
ROY WATSON
Watson Law Offices
142 Great Road
Bedford, MA 01730
(781)533-7700
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