Business Immigration Insights

On September 1, 2009, four business associations filed in federal court for an emergency injunction to delay the implementation of the new E-Verify requirement for certain federal contractors, which will become effective on September 8, 2009, under the Federal Acquisition Regulation (FAR).   Check back for updates.

UPDATE:  The U.S. District Court for the Southern District of Maryland denied the injunction filed by the business coalition led by the U.S. Chamber of Commerce; however, an appeal will be filed with the Court of Appeals for the 4th Circuit.  Until a decision is reached, the ...

Under the Federal Acquisition Regulation (FAR), September 8, 2009, is the effective date for certain federal contractors to begin using E-Verify to confirm that their employees are authorized to work in the United States.  Although the new rule will apply to many federal contracts, there are broad exemptions and limitations.

On August 21, 2009, the Department of Labor (DOL) issued a bulletin discussing the interaction between the H-2B visa program and the Fair Labor Standards Act (FLSA).  After an extensive review, and under its wage and enforcement authority, the DOL has concluded that employers are responsible for paying both transportation and visa expenses of their H-2B workers, since these are "primarily for the benefit of the employer". 

U.S. Citizenship and Immigration Services (USCIS) has engaged outside contractors to conduct thousands of site visits to petitioners, including companies that have sponsored employees in H-1B, L-1 or O-1 status.  Typically, the site visits are conducted after approval of the petition.  The investigators may arrive unannounced at the work site, or call the company ahead of time to plan a time to visit the company office or facility.  According to information provided by one such investigator, the purpose of the site visit is to verify that the company is a real operating business ...

Recognizing that driver's license requirements vary among the states, Immigration and Customs Enforcement (ICE) issued a fact sheet to help F, M and J visa holders who need to apply for driver's licenses or state identification cards.  

In 2005, the USCIS suspended Premium (15-day) Processing of R-1 nonimmigrant visa petitions due to fraud issues related to the sponsoring religious organizations.  The USCIS conducted on-site inspections of petitioners as part of the R-1 adjudication process.  Effective July 20, 2009, those R-1 religious organization petitioners already the subject of  successful on-site inspections at the locations where the beneficiaries will work may request Premium Processing.  The filing fee for Premium Processing is $1,000.  If the USCIS issues a request for evidence, the 15-day ...

After nearly 2 years, the USCIS has resumed the Premium Processing program for most immigrant visa petitions.  Under this program, employers and foreign nationals eligible to self-petition may request 15-day processing of their immigrant visa petitions (Form I-140) for an additional $1,000 filing fee.  If the USCIS issues a request for evidence, the 15-day processing period begins again upon receipt of the petitioner's response.  Unfortunately, this program does not apply to those qualifying under the EB-1 multinational executive/manager or EB-2 national interest waiver ...

The US Citizenship and Immigration Services (USCIS) has issued a new Form I-9 that employers must use as of April 3, 2009.  Under the Immigration Reform and Control Act of 1986 (IRCA), employers must complete Form I-9 for each new employee within three days of hire, and retain the form in the event of governmental investigations.  Employers can be fined for failing to complete the forms properly and for knowingly employing unauthorized workers.  

On March 26, 2009, President Obama extended Deferred Enforced Departure (DED) for qualifying Liberian nationals.  DED is used by the President as an exercise of his constitutional power to conduct foreign relations, and provides qualifying individuals a temporary stay of removal, as well as employment authorization.  In response to the President's announcement, the USCIS extended employment authorization documents (EADs) for Liberian nationals through March 31, 2010.  Qualifying Liberian nationals can take steps to obtain new EADs to allow them to continue working lawfully in ...

The DOJ's Office of Special Counsel has released "Do's and Don'ts" guidance for companies participating in the eVerify program.  eVerify is a voluntary program for employers to verify the identity and work eligibility of all new hires.