Business Immigration Insights

U.S. District Judge Susan Bolton has enjoined the state of Arizona from implementing key provisions of its anti-immigrant law, which is set to take effect at midnight tonight.  Calling it a "substantial likelihood" that the law would lead to "wrongful arrest" of legal resident aliens, Judge Bolton ruled the State may not require police officers to check the immigration status of people they stop for other violations until courts decide whether the provision is permissible.  She also ruled the State may not require immigrants to carry immigration documentation or prohibit ...

Immigration and Customs Enforcement (ICE) announced that it has increased the number of state and local law enforcement officers authorized to enforce the nation's immigration laws under its 287(g) program, bringing the total to 1,200.  Under this program, ICE has the authority to train state and local law enforcement officers on immigration law, intercultural relations, and how to use Department of Homeland Security (DHS) databases to help positively identify criminals and immigration violators.  Twenty-six officers from eight states received training in accordance with a ...

In an effort to strengthen security at the nation's airports, and create local jobs, the Department of Homeland Security (DHS) has announced the deployment of its advanced imaging technology (AIT) at 28 additional airports, bringing the total to 142.  Up to 450 will be in operation in 2010.  AIT technology is designed to bolster airport security by screening passengers for metallic and non-metallic threats, such as weapons, explosives and other objects concealed under layers of clothing.  The machinery is funded by the American Recovery and Reinvestment Act.  AIT screening is ...

On July 13, 2010, U.S. Citizenship and Immigration Services announced that Haitians who qualify for Temporary Protected Status (TPS) now have until January 18, 2011, to register.  The previous registration deadline was July 20, 2010.  For additional information on Haiti TPS and related advocacy efforts, see "Coalition of US Charities Launches Efforts To Support Long-Term Haiti Rebuilding" and "DHS Designates Haiti for Temporary Protected Status and Provides Other Haitian Relief".

The USCIS has issued guidance to users of its eVerify system with regard to the "hire date" for new employees.  If the E-Verify record was created before the employee began working for pay, the E-Verify hire date is the date the case was created in E-Verify; if the E-Verify record was created on or after the employee began working for pay, the E-Verify hire date is the date the employee began working for pay.  Employers working under federal contracts containing the FAR E-Verify clause and are creating E-Verify records for existing employees must use the original dates those employees began ...

In its continuing effort to deter immigration fraud, the US Citizenship and Immigration Services (USCIS) has unveiled a new permanent resident ("green") card with additional security features.  The new card is already being produced and issued to those granted permanent resident status.  The new card contains a pre-printed return address for easy return of the card to the USCIS if lost.  Employers should ensure that those responsible for completing I-9 verification forms are familiar with the new design.

The U.S. Department of State (DOS) has announced that, as of June 4, 2010, nonimmigrant visa fees have increased at its U.S. embassies and consulates worldwide.  In the Federal Register notice announcing the move, DOS explained that increases are necessary because an independent study from August 2007 to June 2009 concluded the agency "is not fully covering its costs ... under the current cost structure."  Petition-based visa fees for temporary workers -- such as H-1B, L-1 and O-1 -- increased from $131 to $150.  E-1 (treaty trader) and E-2 (treaty investor) visa fees increased almost ...

DHS announced today that it is extending Temporary Protected Status (TPS) for Honduran and Nicaraguan nationals who already hold TPS.  TPS allows qualifying individuals to remain and work lawfully in the United States until conditions in their home countries improve.  The new extensions allow qualifying individuals from Honduras and Nicaragua to reapply for TPS and work authorization that will be valid until January 5, 2012.  The re-registration period for begins on May 5, 2010, and ends on July 6, 2010.  Employment authorization documents held by qualifying individuals already set ...

In April 2010, the USCIS updated the FAQs for Federal contractors required to participate in the eVerify system.  The updated FAQs can be found here.  While the FAQs provide general information about the eVerify requirements for Federal contractors, companies should consult with counsel about the specifics.

Hunton & Williams LLP, on behalf of Catholic Charities Immigration Legal Services, the Episcopal Bishop of Haiti, and a coalition of 49 U.S. charitable organizations, has launched an effort to put as much as $1 billion directly into the Haitian economy over the next three years as the country recovers from the recent devastating earthquake.