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Visaserve.Com Newsletter
Volume 45 August 2007

IN THIS ISSUE:

ICE IN THE SUMMER? DHS Issues "Worksite Enforcement" Fact Sheet.

IF YOU ARE NOT IN IT THEN YOU CAN'T WIN IT: DV-2009 Lottery Instructions.

GET YOUR NEW GREEN CARDS: CIS Proposes New Green Cards to Replace Those Without an Expiration Date.

EASY OR DIFFICULT "ACCESS": ICE Announces ACCESS Program to Foster Local Law Enforcement Partnerships.

NEW JERSEY STATE INITIATIVE ON CRIMINAL IMMIGRANTS: New Jersey Attorney General Issues 287(g) Directive.

UPGRADES TO THE BASIC PILOT? Basic Pilot Re-Branded as "E-Verify".

KOCH FOODS ON ICE: ICE Press Release on the Koch Foods Raid.

STATE INITIATIVES ON WHITI: Arizona Teams with DHS on WHTI.

NEXUS ONLINE: CBP Launches An Online Application for Cross-Border Travel Program.

DOT YOUR I's AND CROSS YOUR T's: BALCA Upholds Denial for Failure to Answer H-8.

DOL IS LOOKING FOR FRAUD: DOL Creates An E-mail Address for "Substitutions Plus" Rule Violation Reports.

TPS EXTENDED FOR SALVADORIANS: DHS Extends TPS For El Salvador Nationals Through March, 2009.

IN THE ARMY NOW: CIS Announces a Toll-free Helpline.


 

ICE IN THE SUMMER? DHS Issues "Worksite Enforcement" Fact Sheet.

The Department of Homeland Security ("DHS") has issued a FACT SHEET about "Worksite Enforcement" which highlights recent ICE enforcement efforts targeting businesses that employ undocumented immigrants. The businesses targeted range from temporary employment agencies, to textile, construction and food processing plants.

To read the Fact Sheet, click here . . .

NO-MATCH RULE TO BECOME FINAL: Safe-Harbor Procedures for Employers Who Receive a No-Match Letter.

The Final Rule describes the legal obligations of an employer, under current immigration law, when the employer receives a no-match letter from the Social Security Administration ("SSA") or receives a letter regarding employment verification forms from the DHS. It also describes the ''safe-harbor'' procedures that an employer can follow in response to such a letter and thereby be certain that the DHS will not use the letter as any part of an allegation that the employer had constructive knowledge that the employee referred to in the letter was an alien not authorized to work in the United States.

To read the rule, click here . . .

Judge Issues Order After Lawsuit Is Filed by AFL-CIO, ACLU, and National Immigration Law Center

A federal judge today issued an order temporarily blocking the government from implementing a new DHS rule that would cause U.S. citizens and other authorized workers to lose their jobs, and which would illegally use error-prone social security records as a tool for immigration enforcement. The Judge's order also stops the SSA from beginning to send notices on Tuesday to approximately 140,000 employers across the country notifying them of the new rule, which would impact approximately eight million workers.

To read the Complaint, click here . . .



Dear Readers:

The restful August that we hoped for never came. Hot on the heels of the announcement about the No-Match regulation becoming final in September, the Department of Homeland Security ("DHS"), Immigration and Customs Enforcement ("ICE") continued its sweeps. The AFL-CIO filed a lawsuit in Federal Court to block the No-match rule and (for now) the lawsuit seems to be effective.

The possibility of Comprehensive Immigration Reform ("CIR") appears to be "dead on the vine" for the remainder of 2007. However, the underpinnings of the previously proposed CIR legislation are being handled in a piecemeal fashion by Congress (and now also by the States).

In early September, several members of our Canadian Division will journey to Montreal, Canada, and will meet with the Directors of CBP, the Vermont Service Center, the Nebraska Service Center, and the U.S. Consulate General in Montreal.

In late September, several members of our staff will journey to Washington D.C. to meet with Officials from DHS, CIS, ICE, CBP, SSA, OSC and the U.S. Department of Justice ("DOJ") about Employment Eligibility Verification, No-Match regulations, and Immigration-related Employment Discrimination.

Having been awarded a Federal Grant from the DOJ to train employers about Immigration-related Employment Discrimination, we hope to continue to share great information with our readership. Of course, if you, or any member of your staff, is interested in further information about the immigration law arena, please feel free to e-mail us at info@visaserve.com.


  • IF YOU ARE NOT IN IT THEN YOU CAN'T WIN IT: DV-2009 Lottery Instructions.
  • The DV-2009 Lottery online entry begins at Noon EDT on October 3, 2007, and ends at Noon EST on December 2, 2007. Information and instructions for the DV-2009 lottery will appear on the U.S. Department of State ("DOS") website, as soon as possible. Please check the DOS webpage at a later time for Diversity Visa Lottery information updates.

    To link to the DOS website, click here . . .
  • GET YOUR NEW GREEN CARDS: CIS Proposes New Green Cards to Replace Those Without an Expiration Date.
  • CIS proposed a rule to terminate the validity of Permanent Resident Cards (Form I-551) without an expiration date and to establish a 120 day period to apply for a replacement. The application for a replacement will include biometrics and background checks.

    To read the CIS Press Release, click here . . .
  • EASY OR DIFFICULT "ACCESS": ICE Announces ACCESS Program to Foster Local Law Enforcement Partnerships.
  • ICE recently announced ACCESS, a new program to foster partnerships with local law enforcement. Under this program ICE is offering assistance to Local Law Enforcement Officials with Immigration Enforcement.

    To read the ICE ACCESS Press Release, click here . . .
  • NEW JERSEY STATE INITIATIVE ON CRIMINAL IMMIGRANTS: New Jersey Attorney General Issues 287(g) Directive.
  • Attorney General Anne Milgram issued a Directive to State Law Enforcement Agencies regarding their relationship with Federal Immigration Authorities. Milgram said local police must inquire about immigration status after an officer has arrested an individual on serious criminal charges, and shall notify ICE, the prosecuting agency, and the court if there is a reason to believe that the arrestee may be an undocumented immigrant.

    To read The 287(g) Directive, click here . . .
  • UPGRADES TO THE BASIC PILOT? Basic Pilot Re-Branded as "E-Verify".
  • The Basic Pilot Program has been re-branded "E-Verify". The E-Verify program will be launching new and exciting changes later next month, such as photograph screening features and online resources for employees.

    Click Here for More Information about the E-Verify Program . . .
  • KOCH FOODS ON ICE: ICE Press Release on the Koch Foods Raid.
  • Immigration and Customs Enforcement ("ICE") has issued a Press Release about the recent raid on Koch Foods in Fairfield, Ohio. More than 160 employees were arrested for immigration violations.

    To read the ICE Press Release, click here . . .
  • STATE INITIATIVES ON WHITI: Arizona Teams with DHS on WHTI.
  • DHS and the State of Arizona have agreed to partner on efforts that will potentially enhance the security of the state driver's license to meet Western Hemisphere Travel Initiative ("WHTI") requirements and provide Arizona employers with a secure document that can be used in validating a person's legal status and align to satisfy future requirements of REAL ID.

    To read the DHS Press Release, click here . . .
  • NEXUS ONLINE: CBP Launches An Online Application for Cross-Border Travel Program.
  • U.S. Customs and Border Protection ("CBP") announced that cross-border travelers wishing to apply for Nexus privileges are now able to do so through a new, online application system. Nexus is a popular, joint frequent traveler program with Canada where applicants voluntarily undergo a background check, in-person interview and fingerprinting, and pay a $50.00 (five-year) membership fee.

    To read to CBP Release about NEXIS, click here . . .
  • DOT YOUR I's AND CROSS YOUR T's: BALCA Upholds Denial for Failure to Answer H-8.
  • The Board of Alien Labor Certification Appeals ("BALCA") decided a case in which the failure to make a selection for item H-8 on Form ETA 9089 (PERM Application) shall render the application incomplete and deniable.

    To read Matter of Alpine Store Inc., 2007-PER-07365 (June 27, 2007), click here . . .
  • DOL IS LOOKING FOR FRAUD: DOL Creates An E-mail Address for "Substitutions Plus" Rule Violation Reports.
  • On August 2, 2007 the U.S. Department of Labor ("DOL") published a notice on the creation of an e-mail address for the reporting of potential violations and non-compliance with the "substitutions plus" rule.

    To read the DOL Alert, click here . . .
  • TPS EXTENDED FOR SALVADORIANS: DHS Extends TPS For El Salvador Nationals Through March, 2009.
  • DHS extended temporary protected status for eligible El Salvador nationals through March 9, 2009. Given the timeframes involved with processing TPS re-registrants, DHS recognizes that re-registrants may not receive a new EAD until after their current EAD expires on September 9, 2007. Accordingly, the Federal Register Notice automatically extends the validity of EADs issued under the TPS designation of El Salvador for 6 months, through March 9, 2008, and explains how TPS beneficiaries and their employers may determine which EADs are automatically extended.

    To read the Press Release, click here . . .
  • IN THE ARMY NOW: CIS Announces a Toll-free Helpline.
  • CIS recently announced that members of the U.S. military (and their families) are now able to call a toll-free helpline for assistance with CIS benefits.

    To read the CIS Announcement, click here . . .
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