|
_____________
June 2009 Priority Dates
The U.S. Department of State (DOS) has issued the June 2009 Visa Bulletin, showing the movement of priority dates for each employment category and family category. If the foreign national's priority date is "current" or is on or before the date listed in the Visa Bulletin, an immigrant visa number is available. This means the foreign national may apply to adjust to lawful permanent resident status or apply for an immigrant visa at a U.S. consulate, assuming he or she has an approved or approvable immigrant petition.
Due to extremely high demand in the past several months, the third employment-based (EB-3) permanent residence category is now unavailable for all countries for the remainder of the fiscal year as of May 1, 2009. Visas remain immediately available in the second employment-based (EB-2) category for all countries except China and India. The first employment-based (EB-1) preference category remains immediately available for all countries. For more information on how priority dates work, see Priority Dates: What They Are and How They Determine When You Can Get Your Green Card.
|
Visit us at:
|
|
|
|
Compliance Programs Now More Important Than Ever
Secretary of Homeland Security Janet Napolitano recently announced a new approach to worksite enforcement strategy, instructing agents to pursue employers who knowingly violate the laws and to base immigration raids on investigative work and reliable evidence. President Barack Obama is also advocating comprehensive immigration reform that includes "cracking down" on employers who hire undocumented workers. This increased focus on offending employers is expected to lead to future government prosecutions that far exceed the $11 million settlement between Wal-Mart and ICE in March 2005.
Over the years, there has been a steady rise in worksite enforcement action. In fiscal year 2002, there were 25 criminal arrests and 485 administrative arrests related to worksite enforcement. Six years later, the numbers jumped to 1,103 criminal arrests and 5,184 administrative arrests. Worksite enforcement action disrupts business operations, hurts the bottom line, and affects long-term growth, even when the government investigation does not actually result in prosecution.
Employers who hire undocumented workers are subject to severe civil fines and criminal punishments under the Immigration Reform and Control Act (IRCA), which makes it unlawful to knowingly hire and subsequently employ undocumented immigrants. In particular, civil fines ranging from $275 to $2,200 per undocumented worker may be imposed on first-time violators. Employers who continue to violate the law are subject to a second civil fine ranging from $2,200 to $5,500 per undocumented worker. After that, the civil fines may increase from $3,300 to $11,000 per undocumented worker. At the same time, employers must be cognizant of the anti-discrimination laws that make it illegal to reject workers based on their national origin or citizenship status.
The new worksite enforcement strategy that prioritizes criminal and civil actions against employers should push more businesses to implement compliance programs that limit the risk of government investigations and legal action. This includes a comprehensive I-9 audit system that involves training all human resources personnel on IRCA requirements, setting up reminders to reverify employment authorization when needed, and performing periodic reviews or random samplings of I-9s. An effective compliance program is key to avoiding worksite raids, which are now more targeted toward employers under the Obama Administration.
|
|
_________________________________
New iCERT Portal for LCA and PERM Filings
On April 15, 2009, the Department of Labor (DOL) began accepting labor condition applications (LCAs) through its new iCERT portal system and introduced a new and more detailed version of the Form ETA-9035 (LCA form). The DOL will continue to accept LCAs through the legacy system on the existing LCA form through June 30, 2009, to allow more time to address issues raised by users and to give users sufficient time to adapt to the new iCERT system. After June 30, the legacy system will be disabled for new applications and all LCAs will need to be filed through the iCERT portal on the new Form ETA-9035. Employers and their counsel may still access the legacy system to check the status of pending cases and to withdraw LCAs.
On September 1, 2009, DOL will begin accepting applications for permanent labor certification (PERM filings) through the iCERT portal and on a new edition of Form ETA-9089, but will continue to accept such applications via the legacy PERM system through September 30. As of October 1, the legacy system will be disabled for new applications and all PERM applications will need to be filed through the iCERT portal on the new Form ETA-9089. Employers and their counsel may still access the legacy system to check the status of pending cases and to withdraw cases.
The iCERT system requires employers or attorneys to register and create a user account, from which they may file both LCAs and PERM applications. Information from the legacy system will not automatically transfer to iCERT. When iCERT is implemented for PERM applications later this year, employers will no longer have to establish or maintain PERM subaccounts for their immigration counsel. Instead, counsels will be able to use their own accounts to file PERM applications on behalf of employers.
For information on registering and using an iCERT account, go to http://www.foreignlaborcert.doleta.gov. To access the iCert system, go to http://icert.doleta.gov. Employers and counsels should give themselves adequate time to become familiar with the iCERT portal and to establish accounts before the legacy system is disabled according to the current schedule. The timeline for mandatory use, however, may be subject to change as it has been before.
| |
|
|
|
