Under new enforcement guidelines, Immigration and Customs Enforcement ("ICE") agents will now have to build a case against an employer suspected of hiring undocumented immigrants before rounding up workers. The guidelines, issued by DHS Secretary Janet Napolitano represents a marked shift from the past administration's work site enforcement strategy, which resulted in a series of high-profile raids across the country in recent years but relatively few employer arrests.

To Read the Full Article, Click Here . . .

The U.S. Citizenship and Immigration Service ("CIS") has received approximately 45,500 H-1B petitions counting toward the Congressionally- mandated 65,000 cap. The agency continues to accept petitions subject to the general cap. Additionally, the agency has received approximately 20,000 petitions for aliens with advanced degrees; however, CIS continues to accept advanced degree petitions since experience has shown that not all petitions received are approvable.

A May 20th, 2009, memo from Barbara Velarde, Chief of CIS Service Center Operations, provides guidance to the field on requirements for H-1B beneficiaries seeking to practice in a heath care occupations.

In a unanimous decision on May 4th, 2009, The Supreme Court reversed lower courts and held that a conviction of Aggravated Identity Theft requires that an individual know that the means of identification used or transferred belongs to another person.

A temporary guest worker program is the most immediate solution for Georgia companies' labor needs while awaiting comprehensive immigration reform, certified federal court interpreter Erik Camayd-Freixas told GlobalAtlanta in a recent interview.

"It is all going to be about compromise," Dr. Camayd-Freixas said of a potential guest worker program that would allow foreign nationals to be hired by US companies for a designated period to satisfy labor demands, a concept that is being discussed in Congress, the White House and among business leaders.

This notice describes a new DHS system of records. The Compliance Tracking and Management System ("CTMS") is to used for information obtained through the Systematic Alien Verification for Entitlements ("SAVE") program and E-Verify.

In a case of first impression in NJ, the Appellate Division held that defense counsel cannot ask the plaintiffs about their immigration status during discovery in a putative class action suit alleging an employer cheated its workers out of just compensation and overtime pay.

The Exchange Visitor Skills List is a list of specialized knowledge and skills that are deemed necessary for the development of an exchange visitor's home country. It is used by Consular Officers to determine whether an exchange visitor applying for a J-visa is subject to Section 212(e) of the Immigration and Nationality Act.

Pursuant to 22 CFR 4 1.1 12 and 8 CFR 214.1 automatic revalidation applies to expired nonimmigrant visas of aliens who have been out of the U.S. for thirty days or less in contiguous territory (Canada and Mexico).

CIS proposed revisions to Form N-426 which is used to verify the military or naval service of individuals applying for naturalization based on their service in the US armed forces.

For the CIS release, Click Here . . .

For a related CIS fact sheet on the naturalization process for the military, Click Here . . .

The Board of Alien Labor Certification Appeals ("BALCA") upheld a PERM application denial. The employer asked for equitable relief. BALCA finds evidence was needed that the absence of the employer's name would not be material to the effectiveness of the Notice of Filing, even if the company president's name and phone number were listed. Matter of Stone Tech Fabrication, 2008-PER-00187 (1/5/09).

BALCA upheld a denial of a PERM application. The Employer failed to provide a Prevailing Wage Determination issued by the SWA when directed by the CO to do so in the audit notification. Instead, the employer provided a print out from the FLC Wage Data Center Online Wage Library. Matter of King's Garden 1 Chinese Restaurant Inc., 2008-PER-00228 (4/13/09).

A February 6th, 2009 memo from Donald Neufeld, Acting Associate Director, CIS, pertains to the adjudication of Form I-90, Application to Replace Permanent Resident Card, and amends previous guidance established in the July 11, 2006 memo titled, Disposition of Cases Involving Removable Alien.

Twenty former workers at the Agriprocessors Inc. plant in Postville have received visas under a law that protects crime victims. The first wave of women and children arrested last year at the plant have been granted U-visas by CIS, allowing them to legally live and work in the country for four years. They can apply for green cards in the third year.