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Upcoming Speaking Engagements.
The E-Verify Program Webinar.
Date: Wednesday, February 11, 2009
Time: 12:00pm-1:30pm
Location: Anywhere, Webinar.
Topics include: overview of
E-Verify use
to prevent hiring of unauthorized workers;
changes to E-Verify/new photo tool and ways
to uncover fraud; government contractors and
E-Verify; future of the program and what it
means to employers.
The IMAGE Program Webinar.
Date: Wednesday, February 18, 2009
Time: 12:00pm-1:30pm
Location: Anywhere, Webinar.
Topics include: overview of IMAGE;
IMAGE vs. E-Verify and how these programs
work together; 10 best practices for
employers under IMAGE; future of the IMAGE
program.
IMMIGRATION UPDATE: IRCA, I-9's AND
E-VERIFY.
Date: Tuesday, February 24, 2009
Time: 9:30am-2:00pm
Location: Crowne Plaza Hotel, 36
Valley Road, Clark, NJ
Topics include:This program will
cover all aspects of Employment Verification
Compliance, including: Overview of Employment
Verification Procedures, Summary of
Immigration Reform and Control Act (IRCA),
Practical tips on completing Form I-9,
Preparing for I-9 Audits and Government
Investigations, and USCIS' E-Verify Program
and Demonstration.
Raids & Audits: What to Do Webinar.
Date: Wednesday, February 25, 2009
Time: 12:00pm-1:30pm
Location: Anywhere, Webinar.
Topics include: 3-day rule;
original I-9 form; Notice of Intent to Fine
(NIF); mitigating factors to decrease
liability; creating a raid plan of action;
practical advice for employers and legal counsel.
IMMIGRATION LAW UPDATE AND OVERVIEW.
Date: Friday, February 27, 2009
Time: 1:00pm - 3:00pm
Location: Bergen Community College
Topics 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; and ICE's
IMAGE Program.
FREE I-9 EMPLOYMENT VERIFICATION SEMINAR.
Date: March 17, 2009
Time: 9:30am-12:30pm (light
breakfast served)
Location: Rider University, 2083
Lawrenceville Road, Lawrenceville, NJ
Sweigart Hall Auditorium, Room 115
Topics 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; and ICE's
IMAGE Program.
AN INSIDER'S GUIDE TO OUTBOUND IMMIGRATION.
Date: April 30, 2009
Time: 9:00am-4:00pm
Location: Hilton Gateway Hotel, Newark
Topics include:Cross-Border
Immigration: Canada and Mexico, Outbound
Immigration Overseas in European Countries,
Outbound Immigration Overseas in
Asian/Pacific Countries, International
Taxation Issues, and
International Transfers, hiring in the global
market place.
For more information on any of the above
seminars, or to register or schedule an event
of your own, please contact our
office.
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Dear Readers:
For the past several weeks, Victoria
Donoghue, Esq. has been assisting one of our
major academic organization clients to
prepare for the impending implementation of
the Federal Contractor Regulations requiring
mandatory enrollment in the E-Verify system.
The E-Verify system was a voluntary
program implemented originally as the basic
pilot program in 1996. Since that time,
certain developments in the "immigration law
world" have required certain employers to be
enrolled on a mandatory basis in E-Verify.
First, certain States have passed
legislation that may require the mandatory
implementation of E-Verify. Second, certain
employers seeking to apply for a 17 month
extension of the Optional Practical Training
("OPT") portion of their International
Student Status (F-1) are required to enroll
in E-Verify. Third, and most recently,
E-Verify has been mandated for certain
Federal Contractors.
The original implementation date for
E-Verify for those Federal Contractors was
January 15th 2009. Due to the institution of
litigation by the U.S. Chamber of Commerce
and several other professional business
organizations, the implementation date for
the new Federal Contractor Regulations has
been moved back to May 21, 2009.
In an ongoing attempt to keep our
readership apprised of new developments in
this burgeoning area, we are available to
assist with any questions that you can send
to us at info@visaserve.com.
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| EMPLOYMENT IMMIGRATION NEWS: Burgeoning Employment Verification News. |
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The CIS has Delayed the Release of the
Updated I-9 Form.
U.S. Citizenship and Immigration Services
(USCIS) announced that it has delayed by 60
days, until April 3, 2009, the implementation
of an interim final rule entitled "Documents
Acceptable for Employment Eligibility
Verification" published in the Federal
Register on Dec. 17, 2008. The rule
streamlines the Employment Eligibility
Verification (Form I-9) process.
Click
Here to View the New I-9 . . .
CIS Announces More Than 100,000 Employers
Now Using E-Verify.
On January 1st, 2009 the CIS announced
that more than 100,000 employers have
enrolled in the
E-Verify Program to check the employment
eligibility
of newly-hired employees.
Click
Here to Read More . . .
E-Verify Delayed for Federal Contractors.
Federal contractors and subcontractors
will be required to begin using the U.S.
Citizenship and Immigration Services'
E-Verify system starting February 20th, 2009,
to verify their employees' eligibility to
legally work in the U.S. The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council amended the
Federal Acquisition Regulation ("FAR") to
reflect this change.
Click
Here to Read More . . .
Nebraska business owner sentenced to 30
months for harboring and hiring undocumented
workers.
The owner of a sprinkler company was recently
sentenced to 30 months in federal
prison for knowingly employing illegal aliens
for commercial and financial gain. This
sentence resulted from a joint investigation
conducted by U.S. Immigration and Customs
Enforcement ("ICE"), the Internal Revenue
Service ("IRS") and the U.S. Department of
Labor ("DOL"). The owner of Cloudburst
Underground Sprinkler Systems, was sentenced
to 30 months in prison and ordered to pay
$200,903 in restitution and forfeit $236,729
to the government.
Click
Here to Read More . . .
A Kentucky restaurant owner was sentenced to 8
months for employing undocumented workers.
The owner of Jumbo Buffet in LaGrange,
Kentucky was sentenced to eight months in
prison for employing illegal aliens at his
restaurant. The owner was also sentenced to
serve three years of supervised release
following his release from prison.
Click
Here to Read More . . .
DHS Memo on Legal Authority for Continued
Operation of E-Verify.
A memo from Gus Coldebella, General
Counsel, DHS, summarizes existing legal
authority that authorizes DHS to continue
operation of the E-Verify program.
Click
Here to Read More . . .
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| NEWS FROM THE NEW ADMINISTRATION: Changes in Immigration Under Obama. |
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President Barack Obama Issues Transparency
and Open Government Memorandum.
On January 21st, 2009, President Obama
issued a memorandum regarding transparency
and open government. The memorandum directs
the agency to take steps to increase
transparency of government operations and
decisions and public participation and
collaboration in government decision-making.
Click
Here for More Info . . .
President Barack Obama Issues FOIA Memo.
On January 21st, 2009, President Barack
Obama issued a memorandum that provides
guidance to agency heads on FOIA procedures.
The memo directs the Attorney General to
publish new
FOIA guidelines in the Federal Register and
encourages agencies take affirmative steps to
make information public.
Click
Here to Read More . . .
Janet Napolitano Takes the Helm at the
DHS.
On January 21st, 2009, Janet Napolitano was
sworn-in as Secretary of the Department of
Homeland Security.
Click
Here to Read More . . .
Jane Holl Lute to be Nominated as the Deputy
DHS Secretary.
President Obama announced his intention to
appoint Jane Holl Lute as Deputy Secretary of
the Department of Homeland Security. Chiefs
of Staff for Secretary Napolitano also were
identified.
Click
Here to Read More . . .
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| NEWS FROM THE PORTS OF ENTRY: Travel and Border Crossing News. |
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CBP Practice Alert: Application of
US-VISIT to Permanent Residents.
The CBP liaison committee of the American
Immigration Lawyers' Association discusses
the upcoming expansion of US-VISIT to
permanent residents and other foreign nationals.
Click
Here to Read More . . .
DHS Issues ESTA Travel Reminder.
DHS reminded travelers from all Visa
Waiver Program ("VWP") countries that they are
now required to obtain approval through the
Electronic System for Travel Authorization
("ESTA") prior to traveling to the U.S.
Click
Here for More Info . . .
DHS Announces New Visa Waiver Program For
Guam.
DHS announced that the current Guam Visa
Waiver Program has been replaced with a new
Visa Waiver Program for Guam and the
Commonwealth of the Northern Mariana Islands
("CNMI").
Click
Here for More Info . . .
DHS Announces Guam-Commonwealth of the
Northern Mariana Islands Visa Waiver Program.
DHS announced today an Interim Final Rule
that replaces the current Guam Visa Waiver
Program ("VWP") with a new Visa Waiver
Program for Guam and the Commonwealth of the
Northern Mariana Islands ("CNMI"). This rule
also authorizes the CBP to establish as many
as six new ports of entry in the region in
order to administer and enforce the Guam-CNMI
VWP and to allow for immigration inspections
under the Immigration and Nationality Act.
Click
Here for More Info . . .
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| HOMELAND SECURITY NEWS: Department of Homeland Security News. |
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GAO Report on CIS Background Check
Process for LPR Applicants.
The GAO report reviews the CIS background
check process for LPR applicants. GAO
recommends CIS establish a timetable for
addressing findings from benefit fraud
assessments, as well as, the establishment of
procedures that would require verification of
certain evidence submitted with petitions.
Click
Here to Read More . . .
CIS Announces Filing Location for All
EB-5 Related Filings.
CIS provided a notice announcing the
requirement that petitions and applications
related to the Alien Entrepreneur (EB-5)
immigrant classification,
and Regional Center Proposals under the EB-5
Immigrant Investor Pilot Program, must be
filed at the California Service Center ("CSC").
Click
Here to View the new Filing Instructions . .
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CIS Update: H-2B Cap Reached for FY
2009.
On January 8th, 2009 the CIS released an
Update
announcing that it had received a sufficient
number of petitions to reach the
congressionally mandated H-2B cap for the
second half of Fiscal Year 2009.
Click Here for More Info . . .
DOS Announces that the DV Lottery Is Now
Completely Online.
DOS promulgated an interim final rule,
effective January 15th, 2009, changing the
standard mail-in system previously used to an
entirely electronic
system for the purpose of decreasing fraud,
improving efficiency and significantly
reducing processing costs to the Government.
Click
Here for More Info . . .
ARB Finds Employer Who Failed to Report
Termination of H-1B Employee Liable for Back
Wages.
The Board found that the employer failed to
report termination of the H-1B employee as
required and is liable for back wages. It
noted that periods of unproductiveness were
not due to unwillingness or unavailability of
the employee to work, thus are compensable.
Administrator, Wage & Hour Div. v. Help
Foundation of Omaha, Inc. et al.
Click
Here to Read More . . .
HHS Updates Poverty Guidelines used in CIS
Cases.
The Department of Health and Human
Services ("HHS") provided an update of the HHS
poverty guidelines to account for last
calendar year's increase in prices as
measured by the Consumer Price Index.
Click
Here for More Info . . .
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