The White House issued the following statement after a meeting with Immigration Officials: "White House Officials demonstrated a genuine commitment to engage in a dialogue that will lead to a smart and workable legislative package. Secretary Napolitano strongly supported the need to bring all undocumented immigrants out of the shadows, streamline naturalization procedures, improve immigration processes that allow immigrants to live and work legally in the U.S., and create smart immigration enforcement mechanisms. Both the President and Secretary Napolitano acknowledged the importance of immigration to our country as well as the need to create a sustainable legal immigration system for the 21st century. We must all remain committed to following through on the dialogue that began today."

Department of Homeland Security ("DHS") Secretary Napolitano announced new directives to enhance and clarify oversight for searches of computers and other electronic media at U.S. ports of entry. The new directives address the circumstances under which Customs and Border Protection ("CBP") and Immigration and Customs Enforcement ("ICE") can conduct border searches of electronic media.

The U.S. District Court for the District of Maryland upheld the E-Verify Federal Contractor Rules which will require certain federal contractors and subcontractors to use the E-Verify system for all new hires and as well as existing employees working on a federal contract.

To read the final rule, click HERE.

To read the court's decision, click HERE

As of August 7th, 2009, the Form I-9, used to verify the employment eligibility of all US workers, has been revised and can now be filled out online. The February 2, 2009 edition is also acceptable for use by employers.

On August 10th, 2009, Customs and Border Protection ("CBP") published a notice of the expansion of Global Entry, an international trusted traveler pilot program, to thirteen additional airports. The start date for the program at each additional airport location will be announced in the section of the CBP website devoted to Global Entry.

An August 5th, 2009 Memorandum from Citizenship and Immigration Services ("CIS") Acting Associate Director Donald Neufeld clarifies and supersedes the guidance provided in the June 25th, 2009 Memorandum that addresses who is an eligible applicant under Ruiz-Diaz and clarifies periods of unlawful presence, unlawful status, and unauthorized employment.

The Department of Homeland Security ("DHS") has made 25,000 H-2B visas available for the remaining portion of the FY09 fiscal year which ends September 30th, 2009.

The availability of these 25,000 visas is a result of DHS "recapturing" unused visas which it had erroneously calculated previously would be utilized by the end of the fiscal year. As a result, qualifying employers may apply and obtain H-2B workers using these recaptured visas if their start dates occur between now and September 30th, 2009.

The U.S. Department of Labor ("DOL") issued a Memorandum on August 21st, 2009 to all of its Regional Administrators. It states that employers are now responsible for the transportation expenses of H-2B employees. In light o this recent guidance, it may be advisable to consult an attorney to ensure compliance.

On August 19th, 2009, DHS published a notice proposing to amend its regulations by rescinding amendments relating to procedures that employers may take to acquire a safe harbor from receipt of no-match letters. Comments are due September 18, 2009.

The U.S. District Court for the District Court of Utah, Central Division, issued an indictment of The Alcala Law Firm, on charges of conspiracy to commit alien smuggling and visa fraud.

Attorney General Cuomo shut down three New York companies providing fraudulent legal services to Immigrant communities across NYC and Long Island. AG's Office Also Sues Three More Companies for Unlawfully Filing Immigration Petitions With the Feds on Behalf of NYC Immigrants Seeking Legal Status Latest Stages of Cuomo's Ongoing Immigration Fraud Investigation.

ICE announced that Kenneth Rothey, a Houston immigration attorney was convicted and sentenced on August 18, 2009 for money laundering and conspiring to engage in visa fraud. Rothey and members of his firm prepared and presented fraudulent petitions and supporting documents on behalf of their clients to the former Immigration and Naturalization Service.