USCIS has started issuing new versions of Green Cards, (I-551), which are actually green, and new Employment Authorization Documents, (EAD). USCIS started issuing the new cards in May but will still be accepting old Green Cards and EADs until their expiration date. The new cards have better security features and are less susceptible to fraud and counterfeiting. HR professionals should note these new changes for I-9 purposes.
H-1B Count Update
According to USCIS, as of May 11, 2010, a total of 25,600 H-1B cap petitions have been received. Of these 7,600 are in the master’s cap for which 20,000 H-1Bs are available, and 18,000 are in the regular cap for which 65,000 H-1Bs are available.
H-1B Count
As of April 22, 2010, USCIS had allotted 16,025 H1Bs from the 65,000 available in the general allotment, and 6,739 H1Bs from the additional 20,000 available for individuals who have completed an advanced degree in the U.S.
DHS Announces New Initiative to Improve E-Verify
On March 17th the director of the Department of Homeland Security and the director of USCIS announced three new initiatives to improve E-verify which include streamlined adjudication processes, and an informational telephone hotline and new training videos on E-Verify procedures and policies in English and Spanish.
The debate about the efficacy of E-verify rages on. The government continues to seek new ways to impose E-verify on employers while civil rights and immigrant rights groups complain about the errors and problems inherent in the E-verify system. These new initiatives are meant to address these concerns so that the Government can continue its efforts to expand the use of E-verify. A bill to make use of E-verify mandatory in Colorado was defeated in the Colorado Legislature.
Comprehensive Immigration Reform Moving Forward
Senators Charles Schumer (D-NY) and Lindsey Graham (R-SC) have prepared and presented a bi-partisan blue print for immigration reform legislation. President Obama has met with the two senators to discuss the future of comprehensive immigration reform. Now that the Congress had concluded its work on health care reform, there is some hope that it will turn its attention to comprehensive immigration reform pursuant to the blue print created by the two senators. It is still too early to determine what impact the debate on health care reform will have on Congress’s ability and willingness to move forward on comprehensive immigration reform or any other major pieces of legislation – stay tuned.
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.
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.
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.
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.
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.