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Two-Year EADs Coming Soon
On June 9, in his State of Immigration Address, Homeland Security Secretary Michael Chertoff announced that the USCIS would soon be issuing two-year EADS for those whose adjustment of status application is expected to pend for more than a year.
Chertoff stated: "I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card.
Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year. This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year." |
DOL Auding PERM Labor Certification
Applications filed by Major Immigration Law Firm On June 2, 2008, the US Department of Labor announced that it will audit all PERM labor certifications filed by attorneys at Fragomen, Del Rey, Bernsen & Loewy LLP., a major immigration law firm.
The DOL stated, "The department has information indicating that in at least some cases the firm improperly instructed clients who filed permanent labor certification applications to contact their attorney before hiring apparently qualified U.S. workers. The audits will determine which, if any, applications should be denied or placed into department-supervised recruitment because of improper attorney involvement in the consideration of U.S. worker applicants."
The department's regulations specifically prohibit an employer's immigration attorney or agent from participating in considering the qualifications of U.S. workers who apply for positions for which certification is sought, unless the attorney is normally involved inthe employer's routine hiring process.
The DOL noted that where an employer does not normally involve immigration attorneys in its hiring process, there is no legitimate reason to consult with immigration attorneys before hiring apparently qualified U.S. workers who have responded to recruitment required by the permanent labor certification program.
The American Immigration Lawyers Association (AILA) released a letter to the DOL for making new rules by press release and for releasing a potentially damaging announcement prior to conclusion of the investigation. |
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LIGHTS, CAMERA, ACTION!
"You know you're going to have a bad day," someone once said, "when you find a crew from 60 Minutes waiting in your office." No less traumatic would be, upon your arrival at work, prior to having your first cup of coffee, you stumble on some law enforcement or similar action taking place and a news reporter wanting an on-camera interview with you. During these stressful times, it is easy to lose control if you have not prepared in advance and have not developed an honest "script" to allow time to gather facts and information, project empathy for those adversely effected, and represent yourself and your company in the best light.
Long before the lights, microphones, cameras and reporters surround you is the time to develop a written media policy that clearly addresses who has the authority and training to represent company interests. This policy can also cover your outreach contacts, employee newsletter, awards program, etc.
Here are some suggestions for your media policy and training module:
1. Always appear to be open and cooperative. It is never a good policy to make misrepresentations to the media. If you do not have an answer, say so and offer to get back to the representative.
2. Personalize your business and the civic commitments your company has made.
3. Develop media contacts and provide them with good stories. Invite the media to company functions.
4. Respond to media deadlines. It is important to share your viewpoint.
5. Try to avoid saying, "No comment." A better answer is," I would love to answer that, but I simply do not have all the facts available. May I get back to you?"
6. It is all right to say "I do not know" but be willing to do some follow-up.
7. If you have to address bad news, do it all at once.
8. At the right time, confess sins and repent, but not too often and only after adequate consultations.
PREPARE, PREPARE, PREPARE
The media will scrutinize your responses and provide stories from both a positive and negative persective.
Positive responses will include a display of sincerity and compassion for the individuals involved in the incident. The media will often characterize an event as a David-Goliath situation and will invariably choose the underdog to represent most favorably. The media like risk takers, rugged individualists and idealists who appear open and accepting of responsibility.
On the negative side, the media will adversely portray the powerful and wealthy, and conformists who have limited social conscience and who seemingly evade the issues at hand and cast blame on others.
In the context of an immigration worksite law enforcement operation, it is critical to blend the interests of the company with a sincere concern for the welfare of those undocumented workers apprehended at your place of employment. Keep in mind that everyone will have a story to tell, to the investigating agency and to potential prosecutors. Many people representing diverse points of view, interests and motivations, will review the totality of the record. How you and other company representatives present your version of the story will either foster goodwill and understanding or further alienate those who have an interest in the outcome of the investigation.
Disclaimer: This article is intended for general information and is not legal advice. Consult an attorney when crafting your individualized employment and media policies.
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Congress Holds Hearing on Impact of ICE Workplace Raids
On May 20, 2008, the Subcommittee on Workforce Protections of the House of Representatives' Committee on Education and Labor held a hearing on "ICE Workplace Raids: The Impact on U.S. Citizen Children, Families, and Communities."
In her opening statement, Rep. Lynn Woolsey (D-Cal.), chairwoman of the subcommittee, noted that Immigration and Customs Enforcement (ICE) conducted its recent raid on the AgriProcessors meat processing plant in Postville, Iowa even as the U.S. Department of Labor and Iowa state officials were investigating the plant owner for child labor law violations. Rep. Woolsey said, "We are very concerned that the raid will have the effect of derailing the investigation." Of the 300-plus workers arrested in the raid, 12 were children between the ages of 15 and 17. At least 200 children had parents who were swept up in the raid.
Rep. Woolsey noted that ICE guidelines, which outline humanitarian concerns that officials should follow when conducting raids, are not being followed consistently. She said, "These guidelines are discretionary, and so ICE officials most likely have no real incentive to follow them."
Subcommittee Ranking Member Joe Wilson (R-SC) observed that following the AgriProcessors raid, 56 persons who had been taken into custody were released for humanitarian concerns. He spoke of the threat of identity theft and document fraud posed by undocumented workers, and of his support for the SAVE Act (H.R. 4088) and the New Employee Verification Act (NEVA, H.R. 5515).
Rep. Ruben Hinojosa (D-Tex.) criticized the current administration's "enforcement only" immigration policy. He opined that it has created "an environment of fear and intimidation," and represents "a moral crisis for this nation."
Members from the panel of witnesses then spoke. Among them was James Sparrow, Deputy Assistant Director of ICE's Office of Investigations. He observed that enforcement is ICE's primary mission. He said that ICE does plan ahead for the impact of worksite raids on the family members of those arrested, including pre-raid consultation with the Public Health Service and post-raid cooperation with social service agencies. He noted that ICE has created an 800 number for family members to call for information following a worksite raid. Mr. Sparrow pointed out that of the 389 people arrested in the AgriProcessors raid, criminal charges were placed against 304 of them. As of May 19, 2008, 85 of the 304 pled guilty and were sentenced on federal felony charges. "This is the greatest number of defendants ever to plead guilty and be sentenced in one day in the Northern District of Iowa," said U.S. Attorney Matt M. Dummermuth.
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EB-3 Category Will Become Unavailable
Effective with the July 2008 Visa Bulletin, the EB-3 (employment-based, third preference) category will become unavailable until October 1, 2008. The USCIS will continue to accept and issue receipts for adjustment of status applications through the end of June.
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