In Focus
A monthly bulletin from Immigration Solutions
August 2006
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Greetings!

As the summer months wind down and kids go back to school, I always feel the distinct change in season more around this time of year than at other times. I hope you?ve all had a satisfying and relaxing summer.

?In Focus? this month will review the newly issued guidelines for L-2, E-1 and E-2 spousal employment authorization from the Social Security Administration, the new Affidavit of Support rule, the USCIS reminder about filing changes for Employment Authorization Documents, and the new IMAGE Program to assist employers with I-9 Compliance. We will also continue with our series on Managing People for our HR professionals.

We like to remind those of you who might not be familiar with us that Immigration Solutions is comprised of a network of highly experienced Immigration Case Managers and Paralegals, working in association with licensed, U.S. Attorneys and Certified Specialists in the field of immigration and nationality law. We deal with Fortune 500 companies, small to mid-size companies in all industries and individuals who are undergoing the U.S. immigration process. Additionally, we have a depth of experience preparing and processing complex business visas for investors, multinational managers, and outstanding individuals in the areas of athletics, business, science and the entertainment industry. Please contact us for a copy of our e-brochure. We welcome your comments, requests for proposals, questions and suggestions.

Leslie Davis
Owner-Case Manager
Immigration Solutions
562.433.5676
562.439.7306 Fax
immigsolutions@yahoo.com

Social Security Numbers Issued without an Employment Authorization Document (EAD) for L-2, E-1 and E-2 Spouses

The Social Security Administration recently issued new guidelines for L-2, E-1 and E-2 spouses when applying for Social Security Numbers, indicating that these spouses can obtain a SSN without having to first obtain an employment authorization document issued by USCIS. This suggests that the spouses are authorized to work incident to their status. Documentation to be presented would consist of a valid marriage certificate evidencing the marriage relationship to the principal applicant, a copy of the spouse and principal applicant?s USCIS approval notice or visa, a valid passport and a copy of the I-94 Arrival-Departure Record. An EAD will no longer be a required document to file with the application. For more information, we link to the Guidelines below.
Changes were announced that apply to applications for immigrant visas or adjustment of status to permanent residence that are decided on or after July 21, 2006, regardless of whether the case was filed before 7/21/06. The new rule introduces a new I-864 form which does not require notarization, an I-864EZ form to be used when the petitioner is the only sponsor and relies on income from employment or a pension (includes submitting W-2s) to meet the requirements, and an I-864W for an individual to claim an exemption from the I-864 requirement. Although the forms are available now for usage, the current I-864 form will continue to be accepted until 10/19/2006.

Some of the changes include the allowance of more than one joint sponsor to support the different members of the family, as well as the sponsor only now needing to submit a recent federal tax, the dropping of the 6-month requirement for the household members to reside in the household before their incomes can be counted in the I-864A form, amongst other changes that we link to the USCIS 6/27/06 Memo from Michael Aytes and the The Affidavit of Support Regulation.

USCIS announced on July 28, 2006 that all local agency offices will cease to process and produce employment authorization cards as of October 1, 2006, and that all applications for EADs will be processed and produced centrally at one of the four USCIS Service Centers or the National Benefits Center, due to new security features. Although interim EAD?s will be discontinued, InfoPass can still be utilized to schedule appointments for interim processing when USCIS hasn?t adjudicated Form I-765 within 90 days and the local offices will prompt the Service Centers to issue interim cards on an accelerated basis. The notice suggested that failure to attend a biometrics appointment or respond to an RFE will delay any entitlement to an interim card and could re-start or stop the 90-day adjudication period. The notice strongly urges that all foreign nationals applying to extend an expiring EAD, to file Form I-765 at least 100 days prior to the expiration of their current card. For more information, we link below to USCIS Public Notice.
US DHS (Department of Homeland Security) announced on 7/26/06 a new initiative enabling employers to build cooperative relationships with government to strengthen hiring practices and reduce unlawful employment of illegal aliens. The initiative is called the ICE Mutual Agreement between Government and Employers (IMAGE). Under the program, ICE will partner with companies representing a broad cross section of industries in order that these firms may serve as charter members of IMAGE and liaise with the larger business community. As part of the program, businesses must also adhere to a series of best practices including the use of the Best Pilot Employment Verification Program, administered by USCIS. As of this writing, more than 10,000 employers across the USA are using the verification system to check the work authorization of their newly hired employees. We link below to more IMAGE information.
There are a number of ways people in supervisory roles can manage people more effectively. This month we continue with our series by looking at 3 more useful qualities that will serve to make the managing supervisor?s life easier:

  1. Hold People Accountable: If someone behaves in a way incongruent with company culture, goals and mission, then the person requires an ?accountability check?. Managers should check to see why the person behaved in such a way and properly reward or reprimand based on their analysis of the situation;
  2. Listen first, talk later: Managers often tend to talk more than listen because they?ve ?been there, done that?. Listening affords one the opportunity to uncover needs, issues and problems; and
  3. Gather and Implement new ideas: When people give their ideas, they give a piece of themselves. They are saying, ?I like this place enough to share my ideas with you to improve things?. Leverage employee ideas to grow your business. Some companies have systematic processes in place to capture, evaluate, implement and assess employee ideas. Develop ?new-idea factories? that match your company size and culture.

Leslie Davis
Immigration Solutions

Phone: 562.433.5676
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