|
_________________
Big Cases, Big Problems
A common myth is that large-scale investigations and enforcement actions by the U.S. Immigration & Customs Enforcement (ICE), such as the Swift & Company and Wal-Mart raids, are the norm rather than the exception. In reality, small and medium-sized businesses are also subject to the same -- if not more -- scrutiny from immigration law enforcement agencies. Click here for more information. |
Visit us at:
|
|
In today's immigration enforcement climate, it is absolutely essential for U.S. employers ranging from independent entrepreneurs to multinational corporations to stay abreast of the ever-changing immigration laws that prohibit the employment of undocumented foreign nationals. At the same time, employers must be mindful of the the federal law that prohibits employment discrimination based on citizenship status or national origin. There is also tremendous value in sponsoring highly skilled, uniquely talented foreign national employees for non-immigrant employment visas and for lawful permanent residence in the United States. A well-balanced, "big picture" approach is key to meeting each of these equally important objectives.
Equipped with specialized knowledge and in-depth experience in this complex and continuously evolving arena, we are pleased to introduce you to Enforcement Advisor -- your reliable source of worksite enforcement and compliance news. By providing you with up-to-date information, articles, and tips on worksite enforcement actions, employment compliance, and other related areas, this newsletter will serve as a valuable and convenient resource to you and your colleagues.
Sincerely,
IGBANUGO PARTNERS
Int'l Law Firm, PLLC |
|
|
New Form I-9
All U.S. employers must complete and retain an Employment Eligibility Verification Form (I-9) for each person they hire for employment in the United States, including citizens and noncitizens. The employer must verify the employment eligibility and identity documents presented by the employee and record the document information on the Form I-9.
On November 7, 2007, the USCIS issued a new Form I-9, as well as the M-274, Handbook for Employers, Instructions for Completing the Form I-9, for use by employers. Five documents were removed from List A of the List of Acceptable Documents: Certificate of U.S. Citizenship (Form N-560 or N-570); Certificate of Naturalization (Form N-550 or N-570); the old Alien Registration Receipt Card (Form I-151); the Reentry Permit (Form I-327); and the Refugee Travel Document (Form I-571). One document was added to List A of the List of Acceptable Document: Unexpired Employment Authorization Document (I-766).
The USCIS requires employers to use the new Form I-9 for all persons hired on or after November 7, 2007. Employers will not, however, be subject to penalties for using an outdated Form I-9 until 30 days after the Department of Homeland Security publishes a Notice in the Federal Register. Because it is unknown when such Notice will be published, employers should use the updated Form I-9 for all new employees and for all existing employeees if re-verification is needed, effective immediately.
|
|
Plan Ahead for H-1B Filings
Employers who are seeking to file H-1B petitions for nonimmigrant workers must start planning ahead for the Fiscal Year 2009, which begins on October 1, 2008. We advise employers to file their H-1B petitions by the earliest date possible - April 1, 2008. Similar to last year, a filing rush is expected and all 65,000 H-1B visa numbers are expected to run out on April 1, the very first day visas become available. While there is an H-1B visa exemption quota of 20,000 for U.S. advanced-degree holders, these numbers are expected to be used up within a month, similar to last year. Fortunately, the following petitions are not subject to the cap:
1. Petitions, such as amended petitions and extensions, for current H-1B workers.
2. New petitions filed by institutions of higher education or related or affiliated nonprofit entities, or nonprofit research organizations or government research organizations.
|
Improvements for E-Verify Customer Service
USCIS is stepping up its efforts to expand and improve contact services for customers to obtain important information and assistance on E-Verify program. Formerly known as the Basic Pilot employment eligibility verification prgoram, E-Verify is a free Web-based system allowing participating employers to electronically verify the employment eligibilty of newly-hired employees. Click here for more information.
| |
|
Meet Our Experts
Herbert A. Igbanugo, Esq. heads the U.S. Immigration & Nationality Law practice group. Selected as a "2006 and 2007 Minnesota SuperLawyer," he is known and respected in the legal community, and has been an adjunct professor of law at Hamline University and guest lecturer at the William Mitchell College of Law (St. Paul, Minnesota). He is also a frequent faculty participant and author for the Minnesota Institute of Legal Education, American Bar Association, National Bar Association and American Immigration Lawyers Association. Mr. Igbanugo has substantial experience with the complex maze of U.S. Immigration and Customs legislation and regulations. He possesses a mastery of the intricate laws, complex procedures, and difficult bureaucracy created by the Homeland Security Act of 2002 and the plethora of regulations of the U.S. Department of Homeland Security and U.S. Department of State.
Mark A. Cangemi, Esq. - a thirty-four year veteran of the legacy Immigration & Naturalization Service (INS) and the U.S. Immigration & Customs Enforcement (ICE) - heads our Worksite Enforcement Defense and Employer Compliance Practice Group. Mr. Cangemi's immigration career is unique due to the wide scope of his extensive operations and senior management experience in immigration enforcement. Over the past decade, he has trained numerous divisions of state and federal law enforcement officials in the implementation and execution of enforcement strategy.
| |
|
