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Upcoming Speaking Engagements.
I-9 Employment Verification & E-verify
Seminar with the Government.
Date: December 4, 208
Time: 9:00 am - 4:00 pm
Location: Vassar College, Poughkeepsie, NY
For more information, contact Ms. Victoria
Donoghue, Esq. in our office.
Understanding I-9's and E-Verify.
Date: December 9, 2008
Time: 1:30 pm - 3:00 pm
Location: Webinar
Click
Here for more information and
registration information.
Immigration Law and Employer Compliance: A
New Era for Employer Liability.
Date: December 12, 2008
Time: 8:30 am - 4:30 pm
Location:Tudor Hotel at the United
Nations, New York City
Click
Here for more information.
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Dear Readers:
In the wake of the election, our offices have
received inquiries from clients and friends
about changes to the U.S. immigration law
under the Obama-Biden Administration.
During the campaign, little rhetoric
addressed immigration policy. There were many
other issues that confronted the candidates
such as the financial crisis, the War in Iraq
and other domestic and foreign policy issues.
U.S. immigration policy took the back-burner
during the campaign. We do not expect
immigration reform to be a priority of the
new Administration given the myriad of other
important issues to be addressed.
From the rhetoric of President-elect Obama we
can interpolate some of the new
Administration's potential policies:
Secure Borders. The new Administration wants
to preserve the integrity of our borders.
They support personnel, infrastructure and
technology for use at the border and at the
ports-of-entry.
Fixing the Immigration System. The new
Administration seeks to fix the "broken"
immigration bureaucracy by permitting "legal"
immigration to keep families together and
meet the demand for jobs that U.S. employers
cannot fill.
Remove Incentives For Illegal Immigration.
The new Administration seeks to remove
incentives for illegal immigration by
enforcing laws against undocumented immigrants.
Know the Identities. The new Administration
supports a system that allows undocumented
immigrants to pay a fine, learn English, and
have an opportunity to obtain status.
We will continue to monitor the choices for
the new Administration's "team". So far, it
is looking to be "pro-immigrant". Let's hope
that this bent is not modified by inevitable
political
pressures.
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| Citizenship and Immigration Services ("CIS") Updates: |
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CIS Issues Guidance on Government
Contractors and the Use of E-Verify.
Federal Contractors and Subcontractors
will be required to begin using the U.S.
Citizenship and Immigration Services'
E-Verify system starting January 15, 2009, to
verify their employees' eligibility to
legally work in the U.S. In a Final Rule,
the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council
amended the Federal
Acquisition Regulation ("FAR") to reflect
this change. Click
Here for more information . . .
Click
Here to read the Frequently Asked Questions .
. .
CIS Publishes Final Rule for Religious
Worker Visa Classifications.
CIS will make significant revisions to the
special
immigrant and nonimmigrant (R-1) religious
worker visa classification regulations. The
Final Rule ensures the integrity of the
religious worker program by establishing a
requirement that employers submit a formal
petition for temporary religious workers, and
by providing for increased inspections,
evaluations, verifications, and compliance
reviews of religious organizations.
Click
Here to read the CIS Press Release . . .
Click
Here to read the CIS Fact Sheet . . .
Click
Here to read CIS' Q&A . . .
Temporary Protected Status Re-Registration
Period Extended for Honduran and Nicaraguan
Nationals.
CIS announced an extension to the
re-registration period for nationals of
Nicaragua and Honduras who have been granted
Temporary Protected Status ("TPS") and are
now eligible to re-register and maintain
their status an additional 18 months through
December 30, 2008.
Click
Here to read the CIS Press Release . . .
CIS Reports On Progress Towards Processing
Time Goals.
CIS published a chart showing its progress
towards its Fiscal Year ("FY") 2009
processing times goals.
Click
Here to see the Chart . . .
CIS Updates H-2B Cap Count for FY 2009.
CIS recently updated its webpage with the
latest figures for the 2nd half, FY 2009,
H-2B visa cap.
Click
Here for More Information . . .
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| Immigation and Customs Enforcement ("ICE") Updates: |
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Agriprocessors and Management Criminally
Indicted for Conspiracy, Harboring Illegal
Aliens, Aggravated Identity Theft, Document
Fraud and
Bank Fraud.
Agriprocessors Inc., its former CEO, three
company managers and a company human
resources employee were all charged with
federal immigration crimes in a 12 count
indictment unsealed in U.S. District Court.
The charges were announced by U.S. Attorney
resulted from an investigation by U.S.
Immigration and Customs Enforcement (ICE).
Click
Here to Read the Full Story . . .
ICE Announces North Carolina Sheriff's
Office Now Able to Check The Immigration
Database.
The Wake County Sheriff's Office in North
Carolina is now able to automatically check
the criminal and immigration history of all
individuals booked into the jail. IAFIS/IDENT
interoperability technology enables local law
enforcement to check a detainee's
fingerprints against the IDENT system. Could
this new program be coming to a Law
Enforcement Agency near you?
Click
Here to Read the Full Story . . .
Motion Filed for Summary Judgment in
No-Match Litigation.
On November 6, 2008, DHS filed a motion to
vacate the preliminary injunction and for
summary judgment in AFL-CIO v. Chertoff.
Click Here to Read the Motion . . .
ICE Chief, Julie Myers, Resigns.
Myers's Deputy, John P. Torres, a career
law enforcement official and former head of
ICE's detention and removal operations, has
been designated to serve as acting head of
ICE through the presidential transition.
Click
Here to Read the Full Story . . .
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| Department of Homeland Security ("DHS") Updates: |
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DHS Recently Released A Handbook for
Safeguarding Personally Identifiable
Information.
DHS released a handbook for safeguarding
personally identifiable information, which
includes social security numbers, A numbers,
and biometric identifiers, as well as
driver's license numbers, financial accounts,
medical information and citizenship and
immigration status when in conjunction with
the direct or inferred identity of the
individual.
Click
Here to read the DHS Manual . . .
Additional Countries Designated for the
Visa Waiver Program: DHS Final Rule.
Citizens and eligible nationals of
participating Visa Waiver Program countries
may apply for admission to the United States
at a U.S. port of entry as nonimmigrant
aliens for a period of ninety days or less
for business or pleasure without first
obtaining a nonimmigrant visa, provided that
they are otherwise eligible for admission
under applicable statutory and regulatory
requirements. This rule adds the Czech
Republic, Estonia, Hungary, Latvia,
Lithuania, the Republic of Korea, and the
Slovak Republic to the list of countries
authorized to participate in the Visa Waiver
Program.
Click
Here for More Information . . .
DHS Timeline for Visa Waiver Program
E-Passport Requirements.
DHS reminds ESTA applicants that any
passport issued by a Visa Waiver Program
("VWP") country after October 26th, 2008 must
be an e-Passport for VWP travelers to be eligible
to enter the U.S. without a visa.
Click
Here for More Information . . .
DHS Issues Electronic System for Travel
Authorization ("ESTA") Fact Sheet.
DHS has announced the ESTA Rule which
establishes a new online system that is part
of the VWP and is required by the Implementing
Recommendations of the 9/11 Commission Act of
2007.
Click
Here for More Information . . .
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| Department of State ("DOS") Updates: |
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DOS Launches A Website Devoted to
Intercountry Adoption.
DOS announced the launch of a website
devoted exclusively to intercountry adoption,
with information such as who is eligible to
adopt, from which countries Americans adopt
children, what
protections the Hague Adoption Convention
provides families and more.
Click
Here to Visit the New Website . . .
Some U.S. Consulates Require The Use of
DS-160.
Several U.S. Consulates require the use of
the DS-160 Form. For Non-Immigrant Visas, the
Consulates in Nuevo Laredo, Monterrey,
Montreal, and Vancouver require the DS-160
online form. As of November 24, 2008, the
U.S. Consulate in Hong Kong will require the
use of the DS-160 form for
petition based applicants (H, L, O, P, and Q
visas).
Click
Here for More Information . . .
DOS to Create Online English Language
Learning and Literacy Series.
DOS is seeking to establish an online English
language program by partnering with the
private sector to create a learning and
literacy series for economically
disadvantaged youth outside the United States
that will be made available without charge.
Comments are due by December 17, 2008.
Click
Here for More Information . . .
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