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Social Security "No-Match" Preliminary Injunction Granted
On August 15, 2007, the Department of
Homeland Security ("DHS") promulgated a final
rule entitled "Safe-Harbor Procedures for
Employers Who Receive a No-Match Letter." See
72 Fed. Reg. 45611 (Aug. 15, 2007).
Plaintiffs, a consortium of unions and
business groups, filed a motion for
preliminary injunction, arguing that
injunctive relief is appropriate because they
have demonstrated a high probability of
success on four theories: that the rule (1)
contravenes the governing statute; (2) is
arbitrary and capricious under the
Administrative Procedures Act; (3) is an
exercise of ultra vires authority by DHS and
the Social Security Administration ("SSA"); and
(4) was promulgated in violation of the
Regulatory Flexibility Act. The balance of
hardships tips sharply in plaintiffs' favor
and plaintiffs have raised serious questions
going to the merits. Accordingly, the motion
for a preliminary injunction was GRANTED.
To Read the Case AFL-CIO v. Chertoff, dated Oct. 10, 2007, click here...
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Dear Readers:
It is certainly a "sign of the times". This
is what we have been telling clients and
prospective clients this week about the news
we are getting in the business immigration
arena. On October 24, 2007, the Senate failed
to garner the votes needed to move forward
with debate on the DREAM Act. As previously
reported, the DREAM Act would have provided
immigration status to successful foreign
national students in the U.S. who may not
have been otherwise able to obtain legal
immigration status. The outcome
seems especially contra to initiatives by the
U.S. to take a lead in the "worldwide brain
drain". Yet, even more unfavorable news is on
the horizon. We learned yesterday that
Congress is considering a
$3,500.00 increase in the H-1B Department of
Labor ("DOL") Training Fee per visa. This
increase could
result in H-1B "government filing fees" of
about $5,000.00 per visa. Congress continues
to be more "cold" then "hot" on immigration
law issues. In Europe, the International
Herald reports that Members of the European
Union ("EU") are discussing a new "Blue Card"
program to attract specialized knowledge
workers to the EU. Between the proposed Blue
Card program and the recent strength of the
Euro, it seems that the U.S. may continue to
lose the yardage gained in the "worldwide
brain drain" since the early-90's.
Perhaps Congress needs to "get with
the program."
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| NAUGHTY ACTS: Misuse of a Social Security Number is Denoted a Crime Involving Moral Turpitude |
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A Federal Court has held that Petitioner's
conviction
of misuse of a social security number
obtained by fraud in violation of 42 USC
§408(a)(7)(A) is a crime involving moral
turpitude, rendering him ineligible for
cancellation of removal under INA §240A(b).
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Read More... |
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| NEW "U" RULE: CIS U Visa Interim Rule Is Effective October 17th. |
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CIS issued a reminder that a new interim
rule that authorizes
temporary immigration benefits to certain
victims of crimes who
help law enforcement will be effective on
October 17, 2007.
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To Read the Federal Register Rule, Click Here... |
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| CAN IT BE TRUE? The CIS Reports That It Will Publish A New I-9 Form. |
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Department of Homeland Security ("DHS")
reports that that it will be publishing a new
Form I-9. For many years we have been telling
HR Managers and Professionals about the new
I-9 Form and its "user friendliness". Since
the new I-9 was promulgated in the mid-1990's
there have been many changes to the documents
acceptable for I-9 purposes. To make matters
even more confusing, there is discussion
about some States having three different
types of driver's licenses (see below
entitled, "New York, New York, It's an
Immigrant's Town"). It is anticipated that, in
2008, DHS will publish more I-9 regulations
to provide additional clarification. HR
professionals . . . strap yourselves in for
what promises to be a truly "wild ride."
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To see the proposed I-9 Form that was promulgated as a "SPECIMEN" in the mid-1990s, Click Here.. |
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| PAPERWORK REDUCTION? Removal of Receipt Requirement for H and L Adjustment Applicants Returning From a Trip Outside the United States. |
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The Federal Register reported a rule stating
that certain H and L nonimmigrants returning
to the United States following a trip abroad
must present a receipt notice for their
adjustment of status applications to avoid
having such applications deemed abandoned.
The change removes an unnecessary documentation
requirement from the regulations that the
DHS has determined causes an undue burden on
H and L nonimmigrants.
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Click Here for More Information... |
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| CIS Launches Community Relations Webpage. |
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On October 18, 2007, CIS launched a Community
Relations webpage. Q & As from recent
stakeholder and AILA Liaison meetings are
posted on the page.
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To View this Webpage, Click Here... |
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| MILITARY NATURALIZATION: Updated Fact Sheet on Naturalization Through Military Service. |
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On October 24, 2007, CIS released a Fact Sheet on
naturalization through military service,
updating a Fact Sheet issued on August 1, 2007.
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To Read the CIS Fact Sheet, Click Here... |
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| BEC UPDATE: Permanent Labor Certification Backlog Has Been Eliminated and BEC Transition and Shutdown Phase Will Continue Through December 2007. |
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The Department of Labor ("DOL") has announced
that as
of September 30, 2007, the Backlog in the
Permanent Labor Certification program has
been eliminated, with nearly 99% of cases
completed and the remainder awaiting
responses from employers. Both of the Backlog
Elimination Centers (BECs) have started a
transition and shutdown phase that will
continue through December.
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For More Information, Click Here... |
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| NEW YORK, NEW YORK, IT'S AN IMMIGRANT'S TOWN: NY Governor Eliot Spitzer and DHS Secretary Michael Chertoff Discuss Secure ID's. |
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DHS has been working hard to implement two
important laws that will add greatly to our
security (both recommended by the 9/11
Commission). New York has agreed to work
with DHS to move forward with both REAL ID
and enhanced driver's licenses.
Employers should be advised that there
will now be three types of driver's licenses
in the State of New York, one of which will
not be "Valid for Federal Identification."
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To Read More, Click Here... |
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| H-2B NEWS: On October 1, 2007, CIS announced that the H-2B Cap had been reached for the first half of Fiscal Year 2008. |
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September 27, 2007 is the "final receipt
date" for new H-2B worker petitions
requesting employment start dates prior to
April 1, 2008.
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Click Here to Read the CIS Press Release... |
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| DELAYED RECEIPTS: CIS FAQs on Receipting Delays. |
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On September 28, 2007 the CIS posted answers
to frequently asked questions regarding
receipting delays
on its website.
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Click Here for More Information... |
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| E-VERIFY NEWS: CIS Releases Another Fact Sheet on E-Verify. |
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On September 25, 2007, CIS issued another
Fact Sheet on E-Verify.
The New Fact Sheet states that more than
23,000 employers are currently using the
E-Verify program to verify that their new
hires are authorized to work in the United
States. The President's FY08 budget request
includes $30 million to expand and improve
E-Verify. Employers should be aware that
this "voluntary" program is growing by leaps
and bounds and this program, or one like it,
may become mandatory in the future.
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To Read the Fact Sheet, Click Here... |
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| PICTURE PERFECT?: CIS Launches Photo Screening Tool for E-Verify. |
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On September 25, 2007, CIS announced the
launch of a
photo screening tool for E-Verify. This
Photo Tool is
designed to help employers root out cases of
identity theft during the hiring and I-9
employment verification process. Currently,
employers only have access to CIS records,
but there is discussion to expand the program
to include Department of State and Department
of Motor Vehicles records as well.
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To Read About The New Photo Tool, Click Here... |
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