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Higher Civil Fines Against Employers for Violating Federal Immigration Laws
In an ongoing effort to reduce the number of undocumented workers in the United States, Attorney General Michael Mukasey recently announced higher civil fines against employers who violate federal immigration laws. Under the new rule, which will take effect on March 27, 2008, civil fines will increase by as much as $5,000.
The increase in civil fines is meant to hold employers more accountable for violating employment eligibility requirements and knowingly hiring unauthorized workers. Learn more about the new rule that affects all employers.
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USCIS Announces Changes in Biometric Procedures for Adjustment Applicants
As of February 15, 2008, USCIS began consolidating biometrics (fingerprint) collections when employment-based Form I-485 adjustment of status applications and Form I-765 employment authorization applications are filed at the same time at one of the Service Centers. Applicants who concurrently file their I-485 and I-765 applications will receive one biometrics appointment letter, instead of two, to appear at a designated Application Support Center (ASC). For more details, see the USCIS update.
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Knock, Knock! Who's There?
Given the rising number of laws and rules designed to address the "employer-driven illegal alien" problem in the United States, immigration compliance is, or ought to be, a top concern for U.S. employers. Now more than ever, employers need to have office policies in place to respond to a potential knock on the door by enforcement agents. For more information, click here.
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New USCIS Policy on FBI Name Checks
On February 4, 2008, the U.S. Citizenship & Immigration Services (USCIS) adopted a new policy regarding FBI name checks. In the USCIS memorandum, "Revised National Security Adjudication and Reporting Requirements," Michael Aytes, Associate Director of USCIS, announced a major shift in the agency's approach to FBI name checks of pending applications.
The memo states that after a FBI fingerprint and IBIS check have been completed, and the FBI name check request has been pending for more than 180 days, the adjudicator shall approve the application and proceed with the card issuance. This new procedure will apply to Applications for Adjustment of Status (I-485); Applications for Waiver of ground of Inadmissibility (I-601); Applications for Status as a Temporary Resident Under Section 245A of the Immigrant and Nationality Act (I-687), or Applications to Adjust Status from Temporary Permanent Resident (Under Section 245A of Public Law 99-603) (I-698). USCIS will still require name check clearance for Applications for Naturalization (N-400).
The memo affects all applicants whose FBI name check requests have been pending for 180 days. This group also includes applicants with pending district court or court of appeals actions challenging delays in the adjudication of applications.
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Priority Dates for EB-3 Category Jump Ahead
The March 2008 Visa Bulletin shows a huge jump in the processing of employment-based, third-preference (EB-3) immigrant visa applications. Starting on March 1, 2008, foreign national workers in the EB-3 category may apply for lawful permanent resident status if their labor certification application or I-140 petition (if no labor certification is required) was filed before January 1, 2005. Read more on how priority dates determine when foreign nationals may obtain lawful permanent resident status. |
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Recent Worksite Enforcement Action
Body Shop Owners Among Six Arrested by ICE in Alien Smuggling Probe
LOS ANGELES - The father and son owners of an Oxnard, Calif., body shop were among six suspects arrested on Febrruary 21 by U.S. Immigration and Customs Enforcement (ICE) agents on charges of running a human smuggling ring that outfitted vehicles with hidden compartments and used those vehicles to bring illegal aliens into the United States from Mexico.
FARGO, N.D. - Michael Brent Byrd, a Texan man who owns and operates B&B Masonry Inc., was sentenced to six months in prison for harboring illegal aliens in Grand Forks, N.D. The case is the result of an investigation by ICE that began with the arrest of illegal aliens by the U.S. Customs and Border Protection's (CBP) Border Patrol. Byrd was also ordered to forfeit $45,450.
Byrd and B&B Masonry Inc. pleaded guilty October 25 to harboring illegal aliens who worked for him work at a construction site in Grand Forks, N.D.
Louisville, KY., Restaurant Owner Indicted for Harboring Illegal Aliens
LOUISVILLE, KY. - The owner of a local Chinese restaurant was indicted on February 4 on federal charges that he harbored illegal aliens to work at his restaurant and had them work 12-hour days, six days per week. This indictment resulted from a criminal worksite enforcement investigation conducted by ICE.
The indictment alleges that the restaurant owner recklessly disregarded that the illegal aliens had entered and remained in the U.S. in violation of immigration law.
OREM, Utah - 57 illegal aliens were arrested during a worksite enforcement operation conducted on February 7 at Universal Industrial Sales Inc. (UIS) in Lindon, Utah.
ICE Executes Federal Search Warrant at Van Nuys, Calif., Manufacturing Plant in Ongoing Probe
LOS ANGELES - ICE agents executed a federal search warrant on February 7 at a Los Angeles-area computer printer cartridge manufacturing plant, arresting eight current and former company workers on criminal charges and another 130 employees on administrative immigration violations. | |
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