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ICE Issues 1,000 Audit Notices to Employers in February

The Department of Homeland Security’s Immigration and Customs Enforcement (ICE) office has told 1,000 employers across the country the agency will audit their hiring records to determine compliance with employment eligibility verification laws. These Notices of Inspection (NOIs) often request not only I-9 documentation, but payroll records, copies of immigration filings, copies of Social Security … Continue reading ICE Issues 1,000 Audit Notices to Employers in February
March 1, 2011

Export Controls and New Petition for Nonimmigrant Worker Form I-129

USCIS has began accepting the revised version of the Petition for a Nonimmigrant Worker, Form I-129 (dated November 23, 2010). The new version of the form requires employers petitioning for H-1B, H-1B1, L-1 and O-1A nonimmigrants to make specific attestations related to the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). … Continue reading Export Controls and New Petition for Nonimmigrant Worker Form I-129
December 16, 2010

ICE Announces Record-Breaking Enforcement Results

Approximately $50 million in financial sanctions for worksite enforcement violations were imposed by the federal government in fiscal year (FY) 2010, according to Department of Homeland Security (DHS) Secretary Janet Napolitano and U.S. Immigration and Customs Enforcement (ICE) Director John Morton. The agencies announced record-breaking immigration enforcement results that reflect the aggressive stance taken under … Continue reading ICE Announces Record-Breaking Enforcement Results
October 7, 2010

USCIS Releases New E-Verify User Manuals

USCIS has released its new E-Verify User Manuals for Employers, Employer E-Verify Agents, and Federal Contractors. E-Verify is the online verification system that complements I-9 employment eligibility review and allows employers to check the legality of their workforce. The manuals provide guidance for employers enrolled in E-Verify. The new manuals reflect recent changes to the … Continue reading USCIS Releases New E-Verify User Manuals
October 7, 2010

H-1B Update: Cap-gap Students Lose Work Authorization October 1st

Despite a marked decrease in H-1B petitions filed to date, USCIS is making little effort to adjudicate its current caseload of H-1B petitions in a timely fashion. The USCIS’s stated processing times for H-1B’s are more than two months off the actual processing times, which are approaching five months and increasing. The effect of the … Continue reading H-1B Update: Cap-gap Students Lose Work Authorization October 1st
September 30, 2010

Employers Are On Notice!

Immigration and Customs Enforcement (ICE) has served more than 500 Notices of Inspection (NOIs) to U.S. companies over the past week. According to the agency, allegations that employers are hiring unauthorized workers and paying employees unfair wages or otherwise exploiting workers set off this latest round of inspection notices. With this move, ICE furthers its … Continue reading Employers Are On Notice!
September 29, 2010

USCIS Filing Fees to Increase on November 23, 2010

On September 23, 2010, the United States Citizenship and Immigration Service (USCIS) announced a fee increase for immigration benefits. Unlike most federal agencies, USCIS is primarily a fee-based organization, with 90% of its approximately $2.7 billion budget paid for by user fees. The economic downturn has meant that fewer employers were petitioning for foreign national … Continue reading USCIS Filing Fees to Increase on November 23, 2010
September 28, 2010

U.S. Department of Justice Sues Arizona Sheriff for Records Relating to Potential Civil Rights Abuses

The U.S. Department of Justice (“DOJ”) has filed a lawsuit against the Maricopa County Sheriff’s Office, and its well known County Sheriff Joe Arpaio, for his refusal to hand over documents in the DOJ’s long running civil rights probe. The complaint alleges that the Sheriff’s Office is in violation of Title VI of the Civil … Continue reading U.S. Department of Justice Sues Arizona Sheriff for Records Relating to Potential Civil Rights Abuses
September 14, 2010

Neufeld “Employer-Employee Relationship” Memorandum Upheld

In a blow to employers, a federal district court has upheld a USCIS memorandum that set out factors to determine whether an employer-employee relationship existed for H-1B nonimmigrant visa petition adjudication purposes. The case was brought by an IT staffing firm that, along with other IT staffing firms and trade associations, challenged the validity of … Continue reading Neufeld “Employer-Employee Relationship” Memorandum Upheld
August 26, 2010

Major filing fee increases for employers who use substantial H-1B and L-1 visas

Implementing a portion of the Border Security funding bill (Public Law 111-230) signed by President Barack Obama on August 13, USCIS has announced a new fee, in addition to existing fees, for certain H-1B and L-1 petitions. The new fee is $2,000 for certain H-1B and $2,250 for certain L-1 petitions. The fee applies to … Continue reading Major filing fee increases for employers who use substantial H-1B and L-1 visas
August 22, 2010

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