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Nachman & Associates, P.C. Newsletter
Volume 60 October 2008

IN THIS ISSUE:

Upcoming Training Programs on I-9 and IRCA Compliance.

FROM THE BORDER: U.S. Customs and Border Protection Updates.

UPDATES FROM CIS: U.S. Citizenship and Immigration Services Updates.

DOS UPDATES: U.S. Department of State Updates.

In Other News:


 

Upcoming Training Programs on I-9 and IRCA Compliance.

IMMIGRATION LAW AND EMPLOYER COMPLIANCE: A NEW ERA FOR EMPLOYER LIABILITY

Date: Thursday, November 6, 2008

Time: 8:30am-4:30pm

Location: Parsippany Holiday Inn Hotel and Suites, Parsippany, NJ

Sponsored by: Lorman Education Services

This program will alert you to potential problem areas within your organization, equip you to comply with federal and New Jersey immigration laws, and reduce your exposure to criminal liability, while maintaining necessary staffing to sustain operations.

I-9 EMPLOYMENT VERIFICATION & E-VERIFY SEMINAR WITH THE GOVERNMENT.

Date: Monday, November 10, 2008

Time: 12:00pm-4:00pm

Location: The Graduate Center of the City University of New York, Recital Hall And Lobby 365 5th Avenue (at 34th Street), New York, NY

Topics discussed include: Overview of Employment Verification Procedures, History of the Immigration Reform and Control Act, Hired! Work Authorized? - Completing the I-9 Form, Recent Updates and Changes to the I-9 Form, Mistakes That Can Really Cost Employers, I-9 Audits and Government Investigations, Social Security Mismatch Issues, CIS' E-Verify Program, ICE's IMAGE Program, and Anti-Discrimination Provisions.

E-VERIFY OVERVIEW FOR FEDERAL CONTRACTORS

Date: Tuesday, November 18, 2008

Time: 9am - 2pm

Location: Crown Plaza, Fairfield, NJ

Sponsored by: Employers Association of New Jersey ("EANJ")

This event is designed to explain in great detail how the CIS E-Verify Program is taking Employment Verification to the next level. It will also include a basic IRCA compliance overview and information on the new ruling which mandates the use of E-Verify by all Government Contractors.

ADVANCED CORPORATE IMMIGRATION LAW ISSUES FOR ATTORNEYS, IN HOUSE COUNSEL AND HUMAN RESOURCES PERSONNEL

Date: Wednesday, November 19, 2008

Location: Seton Hall Law School, Newark, NJ

Sponsored by: New Jersey State Bar Association and Continued Legal Education Program

This year's program will take place at Seton Hall Law School (located one block away from the Newark, New Jersey train station, and minutes from Newark International Airport), and is designed to inform both in-house counsel, and HR professionals about updates in the Immigration Law arena.

IMMIGRATION LAW AND EMPLOYER COMPLIANCE: A NEW ERA FOR EMPLOYER LIABILITY.

Date: Friday, December 12, 2008

Time: 8:30 a.m. to 4:30 p.m.

Location: Tudor Hotel at the United Nations, New York City

Sponsored by: Lorman Education Services

In February 2008, U.S. Attorney General Michael Mukasey and Homeland Security Secretary Michael Chertoff announced stepped-up efforts against employers of undocumented immigrants, including more criminal prosecutions and higher civil fines. Many companies take a head-in-the-sand approach, thinking their paperwork is in order - or hoping they won't get caught if it's not. This seminar is designed for human resource managers, operations managers, presidents, vice presidents, supervisors, managers, controllers and accountants.

For more information about any of these events, contact our office . . .


Dear Readers:

The month of October has truly been a wild ride in the Global Business Immigration World. With only days before the U.S. Presidential Election, the present regime seems to be turning-up the heat.

The new Social Security No-Match Regulations have been promulgated by the U.S. Department of Homeland Security ("DHS"). Worksite enforcement actions seem to continue to be prevalent. While there is still some talk about the possibility of some pro-immigration legislation passing through Congress during the Lame Duck Session, discussions about Comprehensive Immigration Reform (even in the new regime) are far from taking "center stage". Any surprise?

If you are off to the polls next Tuesday, we urge you to consider the impact that your vote may have on the future of Immigration Law in the U.S. If you are not headed to the polls, please continue to enlist the assistance of those who can spread the word that what has, and continues to, make the U.S. a world leader is its open-mindedness and its attention to the importance of cultural and ethnic diversity. Stay tuned.


  • FROM THE BORDER: U.S. Customs and Border Protection Updates.
  • CBP Information Collection on Complaint Management System.

    On October 6th, 2008, Customs and Border Protection ("CBP") published its information collection about the Complaint Management System to allow anybody who has interacted with CBP, including travelers to or from the U.S., to file a complaint or comment about their CBP experience through an on-line portal. Comments are due on December 5th, 2008.

    For More Information, Click Here . . .

    CBP Launches a Desktop Travel Widget.

    CBP launched a widget that provides a trip countdown as the travel departure date approaches, as well as weather at the traveler's destination, and reminds the user to obtain appropriate travel documents, as required under the Western Hemisphere Travel Initiative ("WHTI").

    For More Information, Click Here . . .

    DHS Announces its Secure Flight Final Rule.

    On October 22nd, 2008 DHS issued a Press Release announcing a final rule that will shift pre- departure watch list matching responsibilities from individual aircraft operators to the Transportation Security Administration ("TSA"). Congress mandated that DHS' Customs and Border Protection establish a requirement to receive advance information on international passengers traveling by air prior to their departure, as part of the 2004 Intelligence Reform and Terrorism Prevention Act ("IRTPA"). Today, CBP requires commercial carriers to provide Advanced Passenger Information System ("APIS") and certain Passenger Name Record ("PNR") data arriving in or departing from the United States.

    For More Information, Click Here . . .

  • UPDATES FROM CIS: U.S. Citizenship and Immigration Services Updates.
  • Civics and Citizenship Study Materials.

    Learning about the U.S. and the rights and responsibilities that accompany citizenship is an important part of being a good citizen. CIS and the Office of Citizenship have developed a variety of educational materials that allow immigrants to learn more about U.S. history and government as they prepare for the [new] naturalization test.

    For More Information, Click Here . . .

    CIS Releases Hague Intercountry Adoption FAQs.

    CIS released questions related to the new Hague intercountry adoption process and the orphan adoption process since the implementation of the Hague Adoption Convention on April 1st, 2008.

    For More Information, Click Here . . .

    CIS Increases the Period of Stay for Trade - NAFTA Professional Workers from Canada and Mexico.

    CIS has increased the maximum period of time a Trade-NAFTA (TN) professional worker from Canada or Mexico may remain in the United States before seeking readmission or obtaining an extension of stay. This final rule changes the initial period of admission for TN workers from one to three years, making it equal to the initial period of admission given to H-1B professional workers. Eligible TN nonimmigrants may now be allowed to receive extensions of stay in increments of up to three years instead of the prior maximum period of stay of one year.

    For More Information, Click Here . . .

    CIS Issues its TPS Registration Reminder to Eligible Central American Applicants.

    On October 28th, 2008, CIS issued a reminder to eligible Hondurans, Nicaraguans and El Salvadorans to file a re-registration application for TPS before the deadline (December 1st, 2008 for Hondurans and Nicaraguans, and December 30th, 2008 for Salvadorans).

    For More Information, Click Here . . .

    Widespread Problems, Fraud Allegedly Found in the H-1B Program.

    An internal report by CIS examining the H-1B visa program has found evidence of forged documents and fake degrees, and even "shell" companies giving addresses with fake locations.

    H-1B Benefit Fraud & Compliance Assessment, results from this BFCA have established a 21% baseline fraud and technical violation(s) rate for H-1B petitions. Given the significant vulnerability, CIS is making procedural changes, which will be described in a forthcoming document.

    For More Information, Click Here . . .

  • DOS UPDATES: U.S. Department of State Updates.
  • State Department Advises Visa Applicants at CDJ Not to Bring Cash.

    On October 14th, 2008, the DOS issued a travel advisory to visa applicants and others visiting the U.S. Consulate in Ciudad Juarez, Mexico. In light of recent muggings near the Consulate Office that have targeted applicants for U.S. visas, the Consulate Office applicants are encouraged to make provisions to pay fees with something other than cash.

    For More Information, Click Here . . .

    Prospective Inclusion of Seven (7) New Countries in the Visa Waiver Program.

    An October 17th, 2008 White House news release announces the prospective inclusion of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, and South Korea into the list of other countries that qualify for the Visa Waiver Program. This will allow Citizens of those countries to travel to the U.S. without a visa.

    For More Information, Click Here . . .

    U.S. Embassy Adjusts Consular Exchange Rate in India.

    Effective Friday, October 24th, 2008, all United States Consular Sections in India will adjust the consular exchange rate from Rs. 50 to the dollar to Rs. 54 to the dollar. This rate change is effective for all rupee-denominated costs of applying for visas and passports, including nonimmigrant visas and application fees paid at HDFC Bank branches prior to the scheduling of visa appointments.

    For More Information, Click Here . . .

    DOS Final Rule: Board of Appellate Review; Review of Loss of Nationality.

    This rule eliminates the Department's Board of Appellate Review ('L/BAR"), which had been authorized to review certain DOS determinations, in particular those related to loss of citizenship and passport denials. Because L/BAR's jurisdiction has been superseded or made obsolete, and in large part replaced by review of loss of citizenship and passport matters by the Bureau of Consular Affairs, this rule eliminates L/BAR and authorizes, on a discretionary basis, an alternative, and less cumbersome review of loss of nationality determinations by the Bureau of Consular Affairs.

    For More Information, Click Here . . .

    DOS Final Rule: Uncertified Foreign Health-Care Workers.

    This rule adopts as final without change the Department's interim rule published on December 17th, 2002, at 67 FR 77158. The rule changes the requirements pertaining to the issuance of visas to certain health care workers. Certain foreign health care workers now need to present certificates establishing competency in a specific health care field. Certification is issued by the Commission on Graduates of Foreign Nursing Schools ("CGFNS") or other credentialing organizations that have been approved by the Secretary of DHS in consultation with the Secretary of Health and Human Services ("HHS"). This rule facilitates greater uniformity between the regulations of DHS and DOS.

    For More Information, Click Here . . .

  • In Other News:
  • SHE CAN'T GET NO SATISFACTION: Bianca Jagger Needs To Be More Than Just a Visitor.

    The N.Y. Court of Appeals held that, at least in the absence of unusual facts, a foreign national who is in the United States on a tourist visa cannot meet the "primary residence" requirement of New York City's rent regulations. (Katz Park Ave. Corp. v. Jagger).

    For More Information, Click Here . . .

    President Signs Conrad 30 Program Extension.

    On October 8th 2008, President Bush signed into law an extension of the Conrad 30 program (H.R. 5571 / P.L. 110-362) through 03/06/09.

    For More Information, Click Here . . .

    Texas Adopts A Rule Requiring Proof of Lawful Status for Driver's Licenses.

    As of October 1st, 2008 all applicants for an original, renewal or duplicate Texas driver license or identification card, who are not U.S. citizens or lawful permanent residents, will be required to present proof of their lawful status in the U.S.

    For More Information, Click Here . . .

    Agriprocessor's HR Professional Pleads Guilty to Harboring and Identity Theft.

    An October 29th, 2008 ICE news release reports that a human resource employee at Agriprocessor's, Inc. in Postville, Iowa plead guilty to conspiracy to harbor illegal aliens and aggravated identity theft.

    For More Information, Click Here . . .

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