In Carachuri-Rosendo v. Holder, the U.S. Supreme Court unanimously reversed the decisions of the U.S. Court of Appeals and an Immigration Judge, holding that second or subsequent simple possession offenses are not aggravated felonies under immigration law when the state conviction is not based on the fact of a prior conviction. Because immigrants convicted of aggravated felonies under immigration law are ineligible to apply for cancellation of removal, this is a significant decision that will give thousands of immigrants the chance to fight their deportation cases.
USCIS LAUNCHES NEWLY REDESIGNED E-VERIFY
On June 13, 2010, USCIS launched its newly designed E-Verify online system. Employers should be advised that any company seeking to access E-Verify after this date, will need to complete the E-Verify tutorial.
COMPLAINT FILED AGAINST USCIS EMPLOYER-EMPLOYEE/THIRD PARTY PLACEMENT MEMO
On January 8, 2010, USCIS issued a very troublesome Memo which changed decades of immigration law. The Memo changed the definition of “employer” for immigration petitions in a way that makes it more difficult for owners of companies to obtain non-immigrant visas. It also makes it more difficult for computer consulting companies to obtain H-1B visas for their consultants. The complaint, which includes an application for preliminary injunction, was filed in the United States District Court for the District of Columbia. Hopefully, this lawsuit will lead to a settlement or a favorable verdict so that the more unreasonable aspects of this Memo will be ameliorated.
USCIS Proposes to Raise Fees
U.S. Citizenship and Immigration Services (USCIS) is seeking an increase in immigration application fees in order to offset the gap between the agency’s projected $2.1 billion in revenue and $2.3 billion in costs for 2010-2011. The proposed federal rule would increase fees by a weighted average of approximately 10 percent. Fees for citizenship applications would not increase. American Immigration Lawyers Association President Bernard Wolfsdorf expressed disappointment that the increased fees will not be accompanied by improvements in the quality or efficiency of USCIS decision-making.
USCIS STARTS ISSUING NEW WORK CARDS
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.