Global
The Government of India recently released guidance on the permissible use of Business Visas (BV) and Employment Visas (EV) by foreign nationals visiting India that will pose significant operational and logistical challenges to many multinational companies. Companies that need to send employees to India on short-term assignments, or that already have such employees in the country, should conduct an immediate review of these projects to ensure compliance.
The Immigration and Customs Enforcement (ICE) has announced that it will begin to investigate workplaces in all 50 states to identify employers who are hiring undocumented workers. Specifically on July 1, 2009, ICE launched a comprehensive audit initiative and issued Notices of Inspection (NOIs) to 652 businesses nationwide. States are also beginning to increase their enforcement efforts so employers should take steps to ensure compliance with both federal and state immigration requirements.
The State Department has published a revised Exchange Visitor Skills List in the April 30 issue of the Federal Register. The Skills List serves as the basis for making some J-1 visa holders subject to a two year home country residence requirement. J-1 Exchange Visitors whose skills or fields of specialized knowledge appear on the Skills List will not be eligible to change to H or L temporary visa status or permanent residence until the two year foreign residence requirement is satisfied or waived. The new list takes effect on June 28.
Reminder to employers that the new Form I-9 should be used to verify eligibility for employment beginning on April 3, 2009. The new form is available on the USCIS website.
Beginning April 1, 2009, significant changes to UK immigration laws and policies regarding foreign workers and visitors coming to the UK from outside the European Economic Area will take effect.
The massive $787.2 billion economic recovery package signed into law as the American Recovery and Reinvestment Act of 2009 (ARRA) by President Obama on February 17 will impact employers in several ways. While most of the attention has been focused on the COBRA subsidy provisions, there are several other employment-related provisions in the bill including business tax credits, expanded unemployment benefits, executive compensation limitations, and new restrictions on H-1B visas that employers need to be aware of and plan for.
The effective date of the new regulations requiring the use of E-Verify by certain federal contractors has been postponed an additional three months until May 21, 2009.
The federal government has agreed to delay the effective date of the E-Verify federal contractor regulation announced in November until February 20, 2009. The delay raises the question of whether President-elect Obama will add it to his rescission list once he takes office.
A record-setting settlement of claims alleging the knowing employment of illegal aliens demonstrates the government's intent to enforce immigration law through interagency task force investigations.
The USCIS has submitted an interim final rule that revises Form I-9 and the list of documents that are acceptable to prove identity and employment authorization. Employers will be given a 45-day grace period to begin using the new form. Failing to do so may result in fines.
Rhode Island has joined the ranks of many states across the country mandating E-Verify usage for its contractors and, following publication of the Rhode Island Department of Administration's emergency regulation in October, contractors and proposed contractors must comply.
On November 14, the Department of Defense, General Services Administration and NASA published a final rule requiring some federal contractors to use E-Verify. The final rule differs in several respects from the proposed rule that was the subject of prior Littler ASAPs. For example, the threshold for coverage is now $100,000. Several other provisions are now more employer friendly.
The election results are not likely to change immigration enforcement strategies. The new Administration cannot afford to be "soft" on enforcement policy. The number of enforcement personnel doubled during the last Administration, and those resources will not be easily diverted to other tasks. As a result, immigration enforcement is here to stay.
South Carolina's new Illegal Immigration Reform Act requires South Carolina employers to participate in federal work verification programs. Employers who do not participate or fail to verify their employees' work status face harsh penalties up to and including permanent revocation of the ability to employ workers in South Carolina.
The USCIS has reinstated the June 5, 2007 version of Form I-9 effective immediately.
The Ninth Circuit ruled that receipt of a no-match letter, without more, is not "constructive knowledge" that an employee is undocumented, reinstating and awarding backpay to 33 employees terminated for failure to resolve no-match letters.
Missouri has become the most recent state to require E-Verify for certain employers. The new state law also prohibits all Missouri employers from knowingly hiring or continuing to employ unauthorized aliens.
A proposed regulation has been published clarifying the Executive Order mandating that all federal contractors enroll in E-Verify. Among other terms, the proposed rule adopts an expansive definition of federal contractor.
President George W. Bush signed an amendment to Executive Order 12989 on June 6, 2008, that requires all Federal contractors to use E-Verify. This action is a continuation of the recent trend at both the federal and state levels to mandate E-Verify enrollment, which was designed as a voluntary program.
Cases selected in the lottery will receive receipt notices, while unsuccessful cases will be returned with their filing fees.
Interim rule would provide substantial OPT-related benefits to F-1 student beneficiaries of employer-sponsored H-1B petitions.
News from spring AILA conference indicates that cap numbers have been reached.
U.S. Government announces plans to increase the civil fines against employers who are caught violating federal immigration laws.
A new Minnesota executive order requires government contractors to use the Department of Homeland Security's E-Verify program, making Minnesota the latest state to implement a law designed to stem illegal immigration.
With the end of the year approaching some government agencies have been busy. The DHS has appealed to the Ninth Circuit the grant of a preliminary injunction staying the agencies social security number no-match safe harbor regulations. The SSA has decided to forgo sending no-match letters for 2006 this year, and the USCIS now mandates that employers begin using the new I-9 verification form by December 26, 2007.
The U.S. District Court for the District of Arizona has dismissed two lawsuits challenging the Legal Arizona Workers Act. Effective January 1, 2008, the law imposes new obligations on Arizona companies and penalizes those that knowingly or intentionally employ undocumented workers.
USCIS removes several of the documents from and adds the most recent version of the Employment Authorization Document (EAD) to List A of Form I-9.
USCIS rules remove the requirement that H and L visa holders who have an adjustment of status case pending present an original I-485 receipt notice upon entering the United States.
Federal court enjoins DHS Rule regarding the use of SSN no-match letters - what an employer should know and do.
Implementation of the DHS's Final Rule governing Social Security mismatch notices is on hold until at least October 1, after a coalition of organizations obtained a Temporary Restraining Order (TRO) against the DHS and SSA from implementing the Rule. The TRO prevents SSA and DHS from issuing no-match letters linked to SSA's no-match program. Under the Final Rule, notice of such mismatches effectively forced an employer to undertake a 93-day process to reconcile and correct records, terminate employment of such employees or face potential DHS sanctions for employing an unauthorized worker. The TRO proponents raise a number of issues including potential harm to innocent employees, inaccuracy in SSA reconciliation process and challenge the authority of SSA and DHS to create such a Rule.
Following the collapse of comprehensive immigration reform, the Department of Homeland Security (DHS) has published long-anticipated regulations outlining a safe harbor process for responding to Social Security Administration mismatch notices. Employers who follow the process will not face immigration penalties based on a mismatch notice. The regulations are likely to set benchmark standards across the country for handling these notices. To take advantage of the safe harbor, employers will need to follow specified steps, within 30 and 93-day time periods."
The Senate held a procedural vote this morning on a motion to invoke cloture on the Senate's review of the immigration reform act. The motion failed and the bill has been withdrawn from the Senate floor.
The State of Georgia joins a national trend with the implementation of Senate Bill 529, mandating electronic employment verification for public contractors.
The Department of State has published a final rule governing J-1 trainees and interns.
ICE continues enforcement efforts emphasis by utilizing an undocumented insider to gain information about employer and staffing company.
Comprehensive immigration reform bill tabled by Senate Majority Leader Harry Reid (D-NV) after two failed motions for cloture.
USCIS publishes final rules increasing many filing fees.
Comprehensive immigration reform bill proposes sweeping changes that would impact U.S. companies.
Senate immigration reform bill overhauls the current employment verification system; makes employers the front-line defense against undocumented workers.
DOL publishes final rule regarding the elimination of labor certification substitutions; USCIS announces termination of Premium Processing for immigrant visa petitions based on substitute labor certifications.
The ASAP describes an important recent decision by the Department of Labor, which details how an employer's decision to terminate an H-1B worker must be handled under immigration regulations in order to cut off front pay obligations.
As of October 1, 2006, the Employment Equality (Age) Regulations 2006 will take effect in the United Kingdom, impacting the recruitment, retirement, benefit and redundancy programs of UK employers. As a result, U.S. employers with operations in the UK should familiarize themselves with the Regulations and ensure compliance implementation in advance of the effective date.
Recent publicity surrounding arrests and prosecution of prominent business managers for immigration violations signals a real change in the immigration law enforcement posture. It is critical that employers appreciate that this change is real and where the new risks lie. This ASAP explains the change, the reasons for the change, and the steps employers should and should not take in response, including a review of how to handle employment-related questions arising from Social Security mismatch letters.
The Department of State has issued proposed regulations revising the J-1 Trainee/Intern Regulations to classify training programs based on the amount of prior experience an individual has rather than the type of training the individual is trying to acquire.
Citizens of participating countries must have machine-readable passports by June 26, 2005, or they will not be admitted to the U.S. without a visa. In addition, the deadline for participating countries to issue e-passports has been extended to October 26, 2006.