Author: SCwpadmin

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I-9 Audits by ICE Increasing

On July 1, 2009, U.S. Immigration and Customs Enforcement (ICE) issued Notices of Inspection to 652 businesses across the country. In Fiscal Year 2008, 503 similar notices were issued all year. The notices alert business owners that ICE will be inspecting their I-9 Forms to determine whether they are complying with employment eligibility verification laws and regulations. In a news release, ICE says it is part of their new strategic effort to “reduce the demand for illegal employment and protect employment opportunities for the nation’s lawful workforce.” ICE also claims to be “focusing its resources on the auditing and investigation of employers suspected of cultivating illegal workplaces by knowingly employing illegal workers.”

ICE News Release: http://www.ice.gov/pi/nr/0907/090701washington.htm

by SCwpadmin SCwpadmin 76 Comments

USCIS Announces Resumption of Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker

USCIS announced that effective June 29, 2009, it will resume Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker, in accordance with 8 CFR 103.2(f)(2). USCIS will accept Premium Processing requests for Form I-140 Immigrant Petition for Alien Worker, involving EB-1 Aliens with Extraordinary Ability, EB-1 Outstanding Professors and Researchers, EB-2 Members of Professions with Advanced Degrees or Exceptional Ability not seeking a National Interest Waiver, EB-3 Professionals, EB-3 Skilled Workers, and EB-3 Workers other than Skilled Workers and Professionals. Premium Processing Service is still not available for Form I-140, Immigrant Petition for Alien Worker, involving EB-1 Multinational Executives and Managers and EB-2 Members of Professions with Advanced Degrees or Exceptional Ability seeking a National Interest Waiver.

Under the Premium Processing Service, USCIS guarantees petitioners that, for a $1,000 processing fee, it will issue either an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation, within 15 calendar days of receipt. If the petition is not processed within 15 calendar days, USCIS will refund the $1,000 fee and continue to process the request as part of the Premium Processing Service. If you have any questions about the Premium Processing Program, please contact your attorney.

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AILA Welcomes Obama’s Proactive Push for Comprehensive Immigration Reform This Year

Following President Obama’s meeting today with Congressional leaders on June 25, the American Immigration Lawyers Association (AILA) applauds the President’s commitment to moving forward on comprehensive immigration reform this year. “We believe the President is firmly committed to comprehensive immigration reform and will work with Congress to act and move us forward on this vital issue,” said Bernie Wolfsdorf, president of AILA. “The President has repeatedly said he wants immigration reform passed this year. Last year’s election results, as well as survey after survey, confirm that the American people want reform, so now is time for Congress to catch up with the voters and pass a bill.”
AILA believes that a sensible comprehensive immigration reform package must include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers, and due process protections to restore the rule of law in our immigration adjudications and courts.
Wolfsdorf added, “The current immigration system is broken and to allow the status quo to continue will only make things worse for the country. Until Congress deals responsibly with immigration – making taxpayers out of all immigrants, making all employers follow sensible rules, and creating a functioning legal immigration system – everything else on the President’s domestic agenda is vulnerable to being dragged down.” This is the year and this is the moment for a popular President to work with Congress to address a national issue in a way that benefits the American people and our economy.
All of the attorneys at Stern & Curray LLC are members of AILA who continually monitor developments surrounding changes to our immigration laws. For questions on the latest news and developments, please contact an attorney at Stern & Curray LLC.

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USCIS Issues Guidance on Employment Eligibility Verification Form

Form I-9 Remains Valid Beyond Current Expiration Date of June 30, 2009

June 26, 2009 – U.S. Citizenship and Immigration Services (USCIS) announced today that the Employment Eligibility Verification form I-9 (Rev. 02/02/09) currently on the USCIS Web site will continue to be valid for use beyond June 30, 2009. USCIS has requested that the Office of Management and Budget (OMB) approve the continued use of the current version of Form I-9. While this request is pending, the Form I-9 (Rev. 02/02/09) will not expire. USCIS will update Form I-9 when the extension is approved. Employers will be able to use either the Form I-9 with the new revision date or the Form I-9 with the 02/02/09 revision date at the bottom of the form. For more information, please contact your attorney at Stern & Curray LLC.

by SCwpadmin SCwpadmin 52 Comments

INBLF Denver Chapter Announces New Officers

The International Network of Boutique Law Firms (INBLF) chapter in Denver has selected new officers. Emily Curray, partner in the immigration law firm Stern & Curray LLC, recently has been named president of the Denver chapter. Diane King, partner at the employment law firm King & Greisen LLP, will serve as vice president. Among their many responsibilities, Curray and King will supervise and coordinate preparations for the INBLF’s annual black-tie weekend conclave, which this year will be held at Colorado’s famed Broadmoor Resort on October 23-25, 2009. For more information on the INBLF, go to http://www.inblf.com/.

by SCwpadmin SCwpadmin 75 Comments

Limited availability of visa numbers for immigrants born in India or China

On Wednesday, June 10, the Department of State announced the visa predictions for the movement of priority dates in certain categories. Some of the major highlights are in the EB2 category. The wait time for the EB2 India category has been extended due to the large number of applications waiting to be approved for green cards and the low number of visas available. It is likely this category will not be available in August or September and applicants will wait additional years to be approved. Likewise, the EB2 China category is backed up and applicants will wait longer than expected to receive approval for green cards. In the EB3 Worldwide category, there will be no more visas available for the rest of the fiscal year. The Department of State estimates the cut-off date as of October 1, 2009 will be March 1, 2003. Therefore, lengthy delays are also expected in this category.

by SCwpadmin SCwpadmin 22 Comments

Attorney General, Eric Holder, Withdraws No-Right-To-Counsel Decision

On June 3, 2009, Attorney General Eric Holder withdrew the decision made by the Bush Administration’s Attorney General, Michael Mukasey, to remove the right to counsel to immigrants in deportation proceedings. This law dictated that individuals facing deportation did not have a legal or constitutional right to legal representation. Therefore, immigrants who had incompetent representation could not complain or seek help if their case failed because of unfit representation. Mr. Holder has initiated procedures to reenact the previous law where individuals can reopen their cases if they were misrepresented and lost their case.

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Comprehensive Immigration Reform Starts to Heat Up

There has been a great deal of conversation about comprehensive immigration reform on Capitol Hill. Some new bills have been introduced and some Democratic senators are “bullish” on the prospect of immigration reform before the end of 2009. Other pundits have expressed the opinion that President Obama’s decision to nominate Judge Sotomayor to the Supreme Court may take the pressure off him to push for immigration reform. Stay tuned.

by SCwpadmin SCwpadmin 24 Comments

New Border Crossing Requirements Take Effect June 1, 2009

Effective June 1, 2009, all travelers entering the United States or Canada, by land or sea, will need to be in possession of a valid document. In most cases, this would be a U.S. or Canadian passport. There are also “trusted traveler cards,” “U.S. passport cards,” and, in some instances, “enhanced driver’s licenses” which will serve the same purpose. People trying to travel between the U.S. and Canada who are not in possession of one of these documents will be refused entry.

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