H1B Visa Lawyer Blog

The Department of Homeland Security (DHS) recently issued a Supplemental Final Rule that provides additional background and analysis for the department’s No-Match Rule. The regulation clarifies what steps reasonable employers can take to resolve discrepancies identified in ‘no-match’ letters issued by the Social Security Administration (SSA). Additionally, it provides guidance to help businesses comply with legal requirements intended to reduce the illegal employment of unauthorized workers.

At the present moment, implementation of the No-Match Rule has been stayed following a preliminary injunction issued by the U.S. District Court for the Northern District of California. This Supplemental Final Rule addresses the issues raised by the Court, including a more detailed analysis of how the department developed the no-match policy and a detailed economic analysis of the rule. Within the next few weeks, DHS intends to return to the District Court to request that the injunction be lifted so that implementation of the rule can proceed.

According to DHS, the No-Match Rule details steps employers may take when they receive a “no-match” letter and guarantees that U.S. Immigration and Customs Enforcement (ICE) will consider employers who follow those steps to have acted reasonably. If an employer follows the safe harbor procedures in good faith, ICE will not use the employer’s receipt of a no-match letter as evidence to find that the employer violated the employment provisions of the Immigration and Nationality Act (INA) by knowingly employing unauthorized workers.

To clarify, at this time, the final rule has not been implemented. If and when the District Court lifts the injunction, the final rule will be implemented.

Please refer to the DHS website for a complete reading of the Supplemental Final Rule

Posted by Meetesh V. Patel | Permalink | Email This Post

Posted In: Immigration News

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Republican Presidential candidate John McCain and Democratic Presidential candidate Barack Obama may not see eye-to-eye on a majority of the issues; however, on the issue of immigration, they share more similarities than differences.

Securing our borders is the first priority in both a McCain and Obama administration. Senator Obama and Senator McCain want to preserve the integrity of our borders. Both candidates believe in setting clear guidelines and objectives for securing the border through physical and virtual barriers.

Comprehensive Immigration Reform is another priority both senators intend to carry out in their administrations. They believe in fixing the dysfunctional immigration bureaucracy, keeping immigrant families together, and meeting the demand for jobs with foreign workers and U.S. workers. Both candidates have considered raising the cap on the number of H-1B visas issued annually. They also plan to crack down on employers that abuse the immigration system, specifically; McCain stated that he would aggressively prosecute employers that continue to hire illegal immigrants. Both candidates emphasized the use of the E-Verify system which is already in use by the Bush administration, but not a mandatory tool at this time. They also plan to clear out the backlog of individuals that have been waiting legally outside the country for years for their green card number to become available.

As a third priority, both candidates plan to address the millions of undocumented workers in the United States. Senator Obama and Senator McCain have envisioned a path to citizenship for these illegal workers. The plan will allow undocumented immigrants in good standing to pay a fine, learn English, and go to the back of the line for the opportunity to become citizens. In a McCain administration, there will be measures in place to ensure that all undocumented workers either leave the United States or follow the path to legal residence. McCain believes that America cannot permit a permanent category of individuals that do not have recognized status – a permanent second class.

Another priority for the Obama administration is to effectively work with Mexico. Senator Obama plans to promote economic development in Mexico by modifying trade agreements, and creating other agreements to ultimately decrease illegal immigration to the United States, along with other measures.

One thing is for sure, Senator Obama and Senator McCain believe that change is needed in our current immigration system.

Read Senator John McCain's plan
Read Senator Barak Obama's plan

Posted by Meetesh V. Patel | Permalink | Email This Post

Posted In: Immigration News

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