Author: SCwpadmin

by SCwpadmin SCwpadmin 47 Comments

USCIS Employer-Employee Relationship Memo Continues to Cause Problems

Immigration lawyers around the country continue to report issues and problems caused by USCIS’ January 8, 2010 memo redefining employer-employee relationships for adjudication of H-1B petitions. Of particular concern is the memo’s focus on consulting companies and arrangements as well as its focus on employer-owners. Some of the interpretations set forth in the memo have also been applied to other types of visa categories.

On March 19, 2010 the American Immigration Lawyers Association National Office submitted a response to the January 8th memo expressing its serious concerns regarding these issues. Hopefully USCIS will back off the new interpretations contained in the memo which reversed decades of established precedent.

by SCwpadmin SCwpadmin 84 Comments

2010 H-1B Season

April 1st marks the beginning of the H-1B Visa “season” whereby USCIS will start accepting applications for the next fiscal year. Last year the H-1B cap numbers were not exhausted until early December due to the recession. No one can predict how long the numbers will last this year so we urge our clients to contact us as soon as possible to commence work on H-1B applications.

by SCwpadmin SCwpadmin 51 Comments

E-Verify Federal Contractor Rule Effective

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) is reminding federal contractors and subcontractors that effective today, they may be required to use the E-Verify system to verify their employees’ eligibility to work in the United States if their contract includes the Federal Acquisition Regulation (FAR) E-Verify clause. In July, Department of Homeland Security (DHS) Secretary Janet Napolitano strengthened employment eligibility verification by announcing the Administration’s support for the regulation that will award federal contracts only to employers who use E-Verify to check employee work authorization.

The E-Verify federal contractor rule extends use of the E-Verify system to cover federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds. Applicable federal contracts awarded and solicitations issued on or after today will include a clause committing government contractors to use E-Verify.

Companies awarded a contract with the E-Verify clause on or after today will be required to enroll in E-Verify within 30 days of the contract award date. With certain exceptions, E-Verify must be used to confirm that all new hires, whether employed on a federal contract or not, and existing employees directly working on these contracts are legally authorized to work in the United States.

More than 148,000 participating employers at nearly 560,000 worksites nationwide currently use E-Verify to electronically verify their workers’ employment eligibility. Since Oct. 1, 2008, more than 7.8 million employment verification queries have been run through the system and approximately 96.9 percent of all queries are now automatically confirmed as work-authorized within 24 hours or less.

More information on the program is available on the E-Verify Web site at www.dhs.gov/e-verify. E-Verify customer support is also available by calling toll free (888) 464-4218.

by SCwpadmin SCwpadmin 24 Comments

Update on Fiscal Year 2010 H-1B Number

As of August 14, 2009, USCIS had received approximately 45,000 H-1B cap-subject petitions. Accordingly, there are still a significant number of H-1B numbers available for the 2010 fiscal year which starts October 1, 2009.

Contact Stern & Curray LLC if you have any questions.

by SCwpadmin SCwpadmin 9 Comments

H-1 Audits in Full Force

We have received reports from our clients and through immigration circles about the increasing number of H-1B audits, especially site visits. A typical audit involves an investigator appearing at an employer’s office with a list of questions to be answered. The audit can also include a review of the terms and conditions set forth in the H-1B petition to make sure the reality is in sync with these provisions. Accordingly, it is important for H-1B employers to make sure their documentation is in order and that the terms and conditions of the H-1B beneficiary’s employment is consistent with the provisions set forth in the H-1B petition.

by SCwpadmin SCwpadmin 78 Comments

Free Webinar On New Challenges To H-1B Visas: What Every Employer Needs To Know

The U.S. Department of Labor (DOL) and U.S. Citizen and Immigration Services (USCIS) are Increasing H-1B Audits and Random Site Visits this Year

The Department of Labor has announced that it has hired 250 new investigators and a primary responsibility for these investigators is to audit companies who have filed H-1B visas. These audits will focus on confirming that the individual is working at the described location, at the required wage, and performing the position described in the H-1B application.

Additionally, USCIS has received significant funding for a substantially increased volume of random site visits. USCIS, through the “fraud fee,” has engaged outside contractors to conduct thousands of random site visits to petitioners. Many of these visits are expected to occur after approval of the H-1B petition. Reports are that employers are receiving these visits, most with no notice, and many selected randomly.

During the webinar, we will address how to best prepare in advance – in the event your organization receives an audit from DOL or a random site visit from USCIS.

Free Webinar:
Wednesday, August 26, 2009
10:00 – 11:00 am (MDT)

Please RSVP at: https://www2.gotomeeting.com/register/112591122

When you RSVP, you will be provided with the call-in and log-in information.

This webinar has been approved for 1.0 (General) recertification credit hours toward PHR, SPHR and GPHR recertification through the HR Certification Institute.

Please feel free to forward the email to colleagues who may be interested in this webinar also.

If you have any questions please contact us at 303-407-4100.

by SCwpadmin SCwpadmin 26 Comments

House and Senate Pass DHS Appropriations Bill with several Immigration – Related Provisions – Bill Now in Conference

In early July, both the Senate and House of Representatives passed DHS appropriations bills with a few immigration related provisions. The House version reauthorized E-Verify for a period of two years. The Senate bill made both E-verify and the EB-5 pilot programs permanent, extended the Conrad-30 waiver program and non-ministerial religious worker immigrant visa programs for an additional three years, and authorized 700 miles of reinforced fencing. The bill also seeks to allow employers to use e-verify on current employees, and not just on new hires. Finally, the bill would seek to reverse the decision of the administration to withdraw the SSA no-match discussed above. The bill will proceed to conference to resolve differences in the bill and to determine which provisions will make it into a consolidated bill that will be presented to the President for signature.

by SCwpadmin SCwpadmin 78 Comments

USCIS to Reinstate Premium Processing for Some R-1 Religion Workers

USCIS announced today that it was reinstating the premium processing option for certain R-1 petitions. Under premium processing, the petition receives an initial determination (approval, request for additional evidence or notice of intent to deny) within 15 days in exchange for an extra $1,000 filing fee. This program is only available for religious institutions that have previously had successful completion of a site inspection in conjunction with a previous R-1 petition at the location where the beneficiary will be employed.

by SCwpadmin SCwpadmin 25 Comments

Obama Administration Announces plans to Withdraw Regulation on S.S. No-Match Rule, Implement Rule to Limit Federal Contract Awards to E-Verify

The Department of Homeland Security (DHS) announced that it will be proposing a new regulation rescinding the 2007 No-Match Rule, which was blocked by court order shortly after issuance and has never taken effect. That rule established procedures that employers could follow if they receive SSA No-Match letters or notices from DHS that call into question work eligibility information provided by employees.

DHS also announced support and plans for a new regulation that will award federal contracts only to employers who use E-Verify to check employee work authorization. The federal contractor rule extends use of the E-Verify system to covered federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds. After detailing the technical improvements to the system DHS Secretary Janet Napolitano announced that the Administration plans to push ahead with full implementation of the rule, which will apply to federal solicitations and contract awards Government-wide starting on September 8, 2009.

by SCwpadmin SCwpadmin 24 Comments

CDC Proposal to Remove HIV as Bar to Entering U.S

The Centers for Disease Control and Prevention (CDC) published a proposed rule to remove “Human Immunodeficiency Virus (HIV) infection” from the definition of “communicable disease of public health significance,” which previously barred individuals from entering the United States. According to Bernie Wolfsdorf, president of the American Immigration Lawyers Association (AILA), “The rationale for maintaining HIV infection as an excludable condition is no longer valid based on current medical and scientific knowledge and public health practice, and experience which has informed us on the characteristics of the virus, the modes of transmission of HIV, and the effective interventions to prevent further spread of the virus. This proposed rule will remove a discriminatory provision of immigration law that weakens families, limits employment, and stifles innovation and invention.”

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