Business Immigration Insights

DHS announced the expansion of the E-Verify system with regard to new hires presenting US passports and passport cards during the I-9 process identification and employment eligibility process.  This new enhancement allows employers to instantly verify the validity and authenticity of US passport and passport cards, and is intended to strengthen the ability to detect fraudulent documents.  According to DHS, 10% of employees subject to E-Verify present US passports for I-9 purposes.

DHS announced that it is extending Temporary Protected Status (TPS) for nationals of Somalia 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 extension allows qualifying individuals from Somalia to reapply for TPS and work authorization that will be valid until September 17, 2012.  The re-registration period for began on November 2, 2010, and ends on January 3, 2011.  The USCIS will issue new employment authorization documents for those who timely re-register.  The DHS ...

The State Department has announced the registration period for the Congressionally mandated 2012 Diversity Visa (DV) lottery.  The DV lottery allows nationals from certain countries to apply for immigrant visas ("green cards") outside of the normal immigrant visa process.  Individuals already being sponsored for immigrant visas by family members or employers may participate as well.  Requirements include being a national of an eligible country (although an applicant may qualify based on his or her spouse's nationality) and high school education or work experience.  The online ...

The Department of State has revised its "visa reciprocity" schedule for China, effective July 9, 2010, allowing US embassies and consulates to issue 1-year, multiple-entry H-1B visas to Chinese nationals.  The new reciprocity schedule for China may be viewed at the State Department's website here.

Validity periods and other restrictions on US nonimmigrant visas, such as H-1B visas, are based on the concept of "reciprocity":  the validity and limitations another country imposes on US citizens for similar types of visas.  Previously, Chinese H-1B visas were limited to 3 months and ...

On July 1, 2010, the Vital Statistics Office of the Commonwealth of Puerto Rico began issuing new, more secure Puerto Rican birth certificates to US Citizens born in Puerto Rico.  As of October 1, 2010, all certified copies of Puerto Rican birth certificates issued prior to July 1, 2010, will no longer be valid.  Accordingly, the Citizenship and Immigration Services (USCIS) issued a press release providing guidance to US employers with regard to the I-9 process.  For new employees, employers may continue to accept all Puerto Rican birth certificates through September 30, 2010; after that date, only the new Puerto Rican birth certificates (issued on or after July 1, 2010) we be acceptable for I-9 purposes.  Therefore, as of October 1, 2010, employers must pay close attention to the issuance date of Puerto Rican birth certificates presented for I-9 purposes.

The U.S. Department of State has confirmed that contractors on a pre-approved list at the Kentucky Consular Center (KCC) are now auditing approved nonimmigrant petitions -- including H-1B and L-1 petitions -- in order to verify that information contained in the petitions is correct.  The audits are creating significant delays for petition-based visa applicants at embassies worldwide.

On August 11, 2010, the State Department published its final revised rule on J-1 Interns and Trainees.  The revised rule makes 3 key changes.  First, host companies no longer must provide a Dun & Bradstreet report  Second, program sponsors may interview candidates by phone rather than only in person or by videoconference.  And third, both interns and trainees may participate in unlimited J-1 programs as long as they will develop more advanced skills or train in a different field of expertise in each new program.  Interns must still be enrolled full-time in a foreign college or university or ...

U.S. Customs and Border Protection has announced new fees for persons seeking authorization to travel to the United States under the Visa Waiver Program.  The authorization is obtained prior to travel through the Electronic System for Travel Authorization (ESTA), and typically remains valid for two years.  Beginning on September 8, 2010, the ESTA travel authorization will require a valid credit card for payment of a $14.00 fee.  The purpose of the fee is to finance efforts to promote international travel to the United States, and cover operational costs associated with running the ...

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 ...