Global Immigration Counsel

Report Finds E-Verify Fails to Detect 54% of Unauthorized Workers

Immigration/Global Migration Group — Fri, 05 Mar 2010 08:07:54 -0800

According to the Wall Street Journal, an independent report commissioned by the Department of Homeland Security (DHS) found that E-Verify, the federal electronic employment verification system, may be failing to detect 54% of unauthorized workers processed. According to the 338-page report (pdf), E-Verify experienced difficulty confirming that workers’ identities were their own. The purported reason: identity theft.

The stated failure rate is misleading, according to a U.S. Citizenship and Immigration Service (USCIS) synopsis (pdf) of the results. USCIS, a unit of DHS, contends that, overall, E-Verify’s accuracy rate was 96% and that only 6.2% of verifications processed concerned unauthorized workers. Accordingly, only 3.3% of total queries concerned unauthorized workers who were misidentified as authorized.

USCIS says it is actively working to lower the possibility of false positives by:

partnering with states on data-sharing initiatives;
developing methods for uncovering stolen identities and preventing them from being used for E-Verify purposes; and
adding more photographs to the system. Currently, E-Verify’s Photo Tool checks applicants against green card and employment authorization document photographs. In fiscal year 2010, U.S. passport photos will be added, and USCIS is working to also add visa photographs.

Chile: U.S. State Department Revises Travel Alert

Immigration/Global Migration Group — Thu, 04 Mar 2010 11:00:56 -0800

In its revised Travel Alert on Chile, the State Department is advising U.S. citizens to avoid tourism and non-essential travel to Chile due to the February 27 earthquake’s aftermath. It has further advised Americans in Chile to apprise friends or family of their well-being via telephone or Internet.

Since the 8.8 magnitude earthquake, the Santiago International Airport (SIA) has been closed to all but military operations. Between March 3-5, domestic flights in and out of SIA will occur from 8:00 a.m. to 8:00 p.m. International arrivals will operate between 8:00 p.m. and 8:00 a.m. However, international travelers will be transited through another Chilean airport to clear customs before arriving in Santiago. On March 6, SIA will resume normal operations.

Americans living or traveling in Chile may contact the U.S. Embassy in Chile via telephone (56-2-330 30 00), email (SantiagoAmcit@state.gov), or in person.

Individuals concerned about a U.S. citizen in Chile can contact the Chile Task Force via phone (1-888-407-4747) or email (ChileEarthquake@state.gov).

Bill Would Grant Two-Year Visa to Entrepreneurs with U.S. Investor Backing

Immigration/Global Migration Group — Thu, 04 Mar 2010 08:55:43 -0800

Senators John Kerry (D-MA) and Richard Lugar (R-IN) have introduced the StartUp Visa Act of 2010 (S. 3029), which would create a new visa category (EB-6) for foreign entrepreneurs. Foreign entrepreneurs would qualify for a two-year visa upon demonstrating that a qualified U.S. investor will dedicate at least $250,000 to his or her startup venture. Moreover, permanent resident status would be available to EB-6 visa holders after two years upon demonstration that the startup has:

created five full-time jobs in the United States (excluding employment of the entrepreneur’s spouse or children); and
secured $1 million in additional investment capital; or
generated $1 million in revenue.

The bill has been referred to the Senate Judiciary Committee.

Global: Increase in Use of Trusted Traveler Programs

Immigration/Global Migration Group — Sat, 27 Feb 2010 05:00:23 -0800

Over the past few years, the number of individuals using “trusted traveler” programs has increased, reports USA Today. These programs offer members the ability to expeditiously clear customs. The membership fee runs from $50 to $122.50 depending on the program, and membership lasts for five years. To qualify, applicants must pass a government-run background check (including fingerprint submission), a process that takes four to six weeks. Individuals with criminal records or who have violated immigration laws are ineligible.

Although the lowest in membership at 36,000, the Global Entry program offers the widest appeal to travelers and is used approximately 600 times per day at 20 U.S. airports. The program was designed for “trusted” international travelers who are considered low risk for terrorism. Members can bypass standard immigration lines and checkpoints by: (1) scanning their machine-readable passport or permanent resident card at a kiosk; (2) authenticating their identification via fingerprints; and (3) answering several questions.

The Nexus program is jointly operated by the U.S. and Canada and has 383,000 members. Members traveling to Canada can use kiosks at destination airports to avoid immigration clearance checkpoints; those traveling to the United States may pre-clear U.S. customs at Canadian airports.

The Sentri program is for travelers entering the United States from Mexico via land or sea, and is open to U.S. citizens and permanent residents, and to Mexican citizens. The 15-year program boasts 210,000 members and permits access to expedited immigration clearance lanes.

House Bill Would Impose Criminal Penalties for Employing Unauthorized Aliens

Immigration/Global Migration Group — Fri, 26 Feb 2010 07:00:33 -0800

This week, Rep. Frank Kratovil (D-MD) introduced the “Criminal Penalties for Unauthorized Employment Act of 2010” (H.R. 4627). The bill amends section 274A of the Immigration and Nationality Act (8 U.S.C. § 1324a(e)(4)(A)) by establishing criminal penalties—and increasing the existing civil penalties—that can be levied against individuals with “hiring authority” who employ unauthorized aliens.

An individual with “hiring authority” is defined as having the “direct authority to
make a decision to hire or to recruit or refer for a fee, an individual for employment.” Should a violation occur, the offender could be subject to the following penalties for each unauthorized alien employed:

Criminal Penalties:

First offense: A fine of $2,500 and/or imprisonment up to one year.
Second offense: A fine of $5,000 and/or imprisonment up to two years.
Third offense: A fine of $10,000 and/or imprisonment up to five years.

Civil Penalties:

First offense: A fine of between $1,000-$5,000 (currently $250-$1,000).
Second offense: A fine of between $5,000-$10,000 (currently $2,000-$5,000).
Third offense: A fine of between $10,000-$20,000 (currently $3,000-$10,000).

The bill has been referred to the House Judiciary Committee.

Mexico: New Passport Requirement Takes Effect March 1

Immigration/Global Migration Group — Thu, 25 Feb 2010 13:00:37 -0800

The Monitor reports that, beginning March 1, 2010, foreign visitors will need a passport to enter Mexico. The requirement will not apply to visitors traveling to one of Mexico’s border cities, e.g., Reynosa or Nuevo Progresso, and who visit only the border area. However, visitors traveling beyond the border area will need to show their passport to immigration officials. For Americans and Canadians traveling beyond border regions, a tourist card will be required (at no cost for a visit of up to seven days, or approximately $20 for a six-month tourist card).

United Kingdom: Revised Guidance Issued for Points-Based System Sponsors

Immigration/Global Migration Group — Thu, 25 Feb 2010 11:01:20 -0800

The UK Border Agency (UKBA) has issued revised guidance documents for employers and education providers holding sponsor licenses under the country’s points-based immigration system. The revised guidance documents provide information for sponsors under Tiers 2, 4 and 5, and may be downloaded from the UKBA website.

Arizona Senate Passes Bill that Would Tighten Immigration Enforcement

Immigration/Global Migration Group — Mon, 22 Feb 2010 10:00:11 -0800

AZCapitolTimes.com reports that Arizona’s senate, by a party-line 17-13 vote, passed a broad, immigration-focused bill covering a wide range of topics including law enforcement procedures, criminal law, and traffic congestion. The bill would:

require police officers to make a reasonable attempt to determine a person’s immigration status when “practicable;”
allow illegal immigrants to be charged with trespassing;
make it unlawful for anyone seeking work, regardless of their immigration status, to enter a vehicle stopped on the street;
penalize drivers who impede traffic in an attempt to hire a day laborer;
prohibit state and local governments from adopting policies that restrict the enforcement of immigration laws; and
require state and local governments to comply with, and assist in enforcing, federal immigration laws.

The bill now moves to Arizona’s house of representatives for consideration.

DOL Adopts Final Rule on H-2A Temporary Agricultural Employment

Immigration/Global Migration Group — Mon, 22 Feb 2010 09:25:26 -0800

The U.S. Department of Labor has published a final rule (pdf) in the Federal Register concerning temporary agricultural employment of foreign laborers under the H-2A visa program. The final rule:

amends regulations governing certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment;
amends regulations concerning the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers; and
provides for enhanced enforcement under the H–2A program requirements to ensure that workers are appropriately protected when employers fail to meet their obligations under the program.

The H-2A temporary agricultural program permits agricultural employers anticipating a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. Foreign workers coming to, or already in the U.S., may qualify under the program. However, before an H-2A visa petition will be granted, the U.S. Department of Labor must certify that there is an insufficient number of qualified U.S. workers for the position and that the foreign worker’s employment will not adversely effect U.S. workers’ wages and working conditions.

This final rule is a product of the department's review of policy decisions underlying a previous revision of the H-2A regulations published in late 2008. It is intended to strengthen worker protections for both U.S. and foreign workers, increase workers’ wages, and provide greater access to the U.S. labor market. Additionally, it will create a national electronic job registry where job orders will be posted through half of the contract period.

The rule, which will take effect March 15, 2010, provides that American and foreign laborers working in identical occupations for the same employer be paid equally, regardless of their hire date. It also prohibits employers from shifting to employees the costs of recruitment, visa, and border-crossing fees, as well as other U.S. government-mandated fees.

USCIS to Issue Revised Notices of Approval for Forms I-129 & I-539

Immigration/Global Migration Group — Fri, 12 Feb 2010 14:00:51 -0800

U.S. Citizenship and Immigration Services announced that approximately 500 Notices of Approval (Form I-797) issued between January 20 and January 27, 2010 contained incorrect or missing information. The deficient notices were sent to applicants who had submitted a Form I-129 (Petition for Nonimmigrant Worker to Come to U.S. to Perform Services or Labor) or a Form I-539 (Application to Extend/Change Nonimmigration Status).

The agency has started mailing revised notices and advises recipients not to attempt to use deficient notices. Recipients can contact USCIS if they believe a notice contains missing or incorrect information, or should a revised notice not be received.

India: Work Permit Rules May Be Relaxed

Immigration/Global Migration Group — Fri, 12 Feb 2010 13:34:24 -0800

The Indian government may be relaxing the rules that prevent business visa holders from working in India, according to The Economic Times. For instance, the government is identifying activities within the IT industry for which companies may employ—for limited periods—foreign nationals who do not hold work permits. Although the IT industry, which pushed for relaxation of the rules, applauded the move, it continues to press India to discard rules that limit the number of business visas available and restrict allocation of employment visas to 1% of a project’s total number of workers.

The contested rules, which were only recently enacted, were intended to increase local employment. The government had discovered that numerous in-country projects were staffed by foreigners, particularly low-skilled workers. Since the rules took effect, the number of Chinese workers in India has decreased from 42,000 to 3,000.

Currently, with India’s foreign consulates lacking the discretion to issue additional visas, a company’s only avenue for employing foreign nationals beyond the prescribed limits is to petition the government and demonstrate the need for additional work visas.

Proposed Legislation Would Require E-Verify Checks on Some Applicants for Mortgage Modifications

Immigration/Global Migration Group — Thu, 11 Feb 2010 16:00:34 -0800

Rep. Kenny Marchant (R-TX) introduced the Mortgage E-Verify Act (H.R. 4586), which requires that mortgagors’ legal immigration status be confirmed by E-Verify as a condition for modification of home mortgage loans issued by Freddie Mac and Fannie Mae, or insured by the Federal Housing Administration. The bill aims to curb mortgage fraud, particularly by illegal immigrants. Mortgage fraud increased 1,411% from 1997 to 2005, according to the U.S. Treasury Department’s Financial Crimes Enforcement division.

Singapore: Immigration Reform Proposed to Promote Economic Growth

Immigration/Global Migration Group — Wed, 10 Feb 2010 09:00:59 -0800

Government officials and local businesses are uncertain whether Singapore, which is one of the world’s fastest-growing economies, can maintain strong economic growth levels over the next decade. As reported by The Wall Street Journal, the export-heavy Asian country is trailing other regional competitors in productivity and has been negatively impacted by the global financial crisis as its primary consumers, the United States and Europe, struggle to fully recover.

An economic strategy committee composed of public and private sector representatives has proposed measures to decrease reliance on foreign labor, such as increasing the focus on research and development and tightening immigration rules. The proposal regarding immigration rules is controversial, given that many employers rely on foreign labor to contain costs. Although the proposals are non-binding, the government is expected to respond to the report in its 2010 budget statement, to be released on February 22.

South Korea: Visa and Citizenship Procedures Modified

Immigration/Global Migration Group — Wed, 10 Feb 2010 08:17:40 -0800

JoongAngDaily reports that South Korea has eased the path to citizenship and relaxed immigration restrictions as follows:

seventeen additional citizenship examination centers are opening in local immigration offices this month (previously, there was only one venue for taking citizenship examinations);
companies can submit visa applications online (www.visa.go.kr) instead of sending company officials to apply on-site at immigration offices;
procedures for obtaining re-entry permits following short home visits and overseas trips will be eased for international students and foreign nationals married to South Korean nationals;
applicants who file re-entry applications on-site or through the Immigration Service’s official website will be permitted to make unlimited overseas trips and re-enter on multiple occasions regardless of their length of residence in South Korea; and
individuals applying for re-entry will be exempt from paying fees.

Status of Immigration Reform Remains Uncertain

Immigration/Global Migration Group — Tue, 09 Feb 2010 11:38:55 -0800

In his 2010 State of the Union address, President Obama devoted only a single sentence to immigration reform. As reported by The Washington Post, this cursory treatment of the issue has led to “disillusionment” among immigration advocates. A staple of Obama’s campaign and early-term rhetoric, immigration reform has taken a back seat to health care reform and other issues, such as job creation.

Following the address, a senate lobbyist opined that immigration reform was “deader than a doornail.” Many believe Congress will not act to further the interests of immigrants when unemployment remains high, especially with mid-term elections approaching. However, others are more optimistic about the chances for legislation, arguing that the foundation for reform was laid in previous Senate sessions and that, if health care reform does not pass, immigration reform could be a legislative accomplishment to show voters.

Audit Reveals E-Verify Errors by the SSA Regarding Its Own New Hires

Immigration/Global Migration Group — Thu, 21 Jan 2010 13:00:05 -0800

As reported by The Washington Times, the Social Security Administration (SSA) failed to run electronic employment verification (E-Verify) checks on 19% of the employees it hired in 2008 and 2009. The SSA, along with U.S. Citizenship and Immigration Services, administers the E-Verify program.

The errors came to light during an audit by SSA’s investigator general which revealed that, of the new hires for whom E-Verify was not run, 44 individuals should have been flagged as tentative non-confirmations. The audit also found that 50% of the checks being audited were untimely. E-Verify’s terms of use require that a check be run within three days of an employee’s hiring. 1,874 of the checks were run too early, and 1,784 of the checks were run too late.

USCIS Memo Outlines Employer-Employee Relationship for H-1B Purposes

Immigration/Global Migration Group — Thu, 21 Jan 2010 10:27:19 -0800

The United States Citizenship and Immigration Services’ (USCIS) Associate Director for Service Center Operations has issued a detailed memo (pdf) regarding how to determine, when evaluating H-1B visa petitions, whether an employer-employee relationship exists and will continue to exist. The memo, which is addressed to USCIS Service Center Directors, discusses:

scenarios that do and do not represent a valid employer-employee relationship;
documentation to establish the employer-employee relationship;
requests for evidence to establish the employer-employee relationship; and
regulatory compliance.

DHS Grants Temporary Protected Status to Haitians

Immigration/Global Migration Group — Thu, 21 Jan 2010 09:18:08 -0800

The Department of Homeland Security has announced that, due to the devastating effects of the January 12 earthquake in Haiti, it is granting an 18-month Temporary Protected Status (TPS) to Haitian nationals who were in the United States as of January 12. Individuals without nationality who last resided in Haiti also may apply for TPS. The announcement specified that “[t]hose who attempt to travel to the United States after January 12, 2010 will not be eligible for TPS and will be repatriated.”

TPS is a temporary immigration status that allows eligible individuals to remain and legally work in the United States for a set time period. Instructions and tips on completing an Application for Temporary Protected Status (Form I-821) are available in English, French (pdf) and Creole (pdf).

ICE to Update Student and Exchange Visitor Information System

Immigration/Global Migration Group — Tue, 19 Jan 2010 07:19:06 -0800

In the January 5, 2010 Federal Register, U.S. Immigration and Customs Enforcement (ICE) outlined (pdf) its two-phase process for updating the Student and Exchange Visitor Information System (SEVIS). SEVIS collects information on:

prospective, current and former foreign students, exchange visitors and their spouses entering the U.S. on F, M or J nonimmigrant visas; and
officials of approved schools and designated sponsors.

During phase one, which will begin early this year, SEVIS will remain intact while its successor system, SEVIS II, is rolled out. SEVIS II will collect more data than its predecessor, and also will provide users with increased access to the system (including the ability to view their records and request corrections). Phase two, which has no definite start date, entails the complete incorporation of SEVIS data into SEVIS II, with the latter becoming the sole records system in place.

The SEVIS II system will collect the following data:

biographical information (e.g., name; date, city and country of birth; country of citizenship and/or permanent residence);
educational and financial information (e.g., school; program of study; tuition; financial support organization name and support amount); and
benefit information (e.g., fingerprint identification number; visa number; arrival and departure information).

The above information will also be collected for any proxy, parent or guardian of any F/M/J nonimmigrant who cannot create their own account due to their age (under 13 years of age).

USCIS Provides Q&A on Vaccination Requirements

Immigration/Global Migration Group — Tue, 19 Jan 2010 06:00:07 -0800

The United States Citizenship and Immigration Services (USCIS) has published a Q&A webpage concerning vaccination requirements for immigrants. The webpage provides general information concerning:

vaccination requirements;
procedural requirements; and
required forms (e.g., Form I-693 - civil surgeon endorsement);

The webpage also includes telephone numbers and links to websites for obtaining further information regarding vaccination requirements.