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The United States Citizenship and Immigration Service (USCIS) recently released the updated version of the Form I-9 Employer Handbook.

The handbook provides the basic steps involved with a new hire, including the forms that must be completed, what documents are acceptable and step-by-step directions on how to correctly complete Form I-9.

The handbook also explains the reason we have Form I-9 for employment eligibility, mentions unlawful discrimination and penalties for prohibited practices, and discusses the E-Verify online program component for interested employers.

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The Administrative Appeals Office (AAO) released its time report on March 18, 2009 with updated processing times for all types of cases accepted by its Office.

If you filed an appeal, please review the link below to determine the applicable processing time associated with your case.

Administrative Appeals Office

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Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on March 17, 2009 with processing dates as of January 31, 2009.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center

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The United States Citizenship and Immigration Service (USCIS) recently released some guidance regarding the Stimulus Bill, which contains the “Employ American Worker Act” (EAWA) and its effect upon the H-1B visa petition.

If the company was a recipient of the funds distributed through the Trouble Asset Relief Program (TARP), EAWA prevents an employer from displacing qualified U.S. workers when participating in the H-1B visa program. Under EAWA a company is considered an “H-1B dependent employer” and must make additional attestations to the Department of Labor (DOL) when filing the Labor Condition Application (LCA).

According to the guidance distributed by the USCIS, employers must attest to the following additional requirements on the LCA:

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When a citizen of another country wishes to travel to the United States for

business or pleasure, there are specific visas that are available for those individuals. The B-1, Business visa is for those interested in traveling to the U.S. to consult with business associates, to attend conventions/conferences, and to negotiate a contract, etc. In other words, the B-1 visa is intended for those applicants traveling to the U.S. temporarily for business related purposes. The B-2, Pleasure/Visitor/Tourist visa is for those who plan to travel to the U.S. for recreational purposes including tourism, to visit with friends and family, and to obtain medical treatment, etc.

When changing status to B-1 Business visitor, it is important that the applicant document the business activity to be performed, the exact length of time needed to complete the business activity, and the applicant’s intent to depart the United States at that time. This documentation may be established by submitting an itinerary, a brochure of scheduled business events, or evidence of a roundtrip airline ticket, etc. This change of status can only be granted for up to 364 days, so it is extremely important to carefully document the exact length of time needed to complete the activity.

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The H-1B nonimmigrant visa program is designed to allow alien beneficiaries to enter the country and begin working for a U.S. employer for a period of three years. The sponsoring employer or a new employer may renew the H-1B visa for another period of three years. In other words, the Immigration and Nationality Act (INA) regulations clearly allow for the recipient of an H-1B visa to be in H-1B status for a total initial period of six years. The alien beneficiary may then return to his/her home country, remain there for one year, and only then will they be eligible to apply for another H-1B nonimmigrant visa.

However, there are ways to extend H-1B visa status beyond the six year limit. The Vermont Service Center (VSC) Liaison Committee has provided the following guidance for extending H-1B status beyond the six year limitation. If the alien beneficiary has completed one of the following conditions, they are eligible for an extension beyond the sixth year as long as one of the listed conditions have been met prior to the alien’s requested start date:

(1) 365 days or more have passed since the filing of any application for labor certification; and the labor certification, if approved, has not been revoked, is unexpired, or has been timely filed with an EB petition within the labor certification’s validity period; or (2) 365 or more days have passed since the filing of an EB immigrant petition that is still pending; or (3) The alien is the beneficiary of an approved EB immigrant petition and is not able to file an adjustment of status application or, if such application has already been filed, is unable to adjust status due to the unavailability of an immigrant visa number.

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The Department of Labor will soon implement a new integrated online system – known as the iCert Portal – through which employers will submit applications for permanent labor certification, labor condition applications (LCAs) and other applications for immigration-related DOL programs. In addition, the agency will introduce new editions of Form ETA-9089, the PERM labor certification application, and Form ETA-9035, the labor condition application. When fully implemented, the new system will replace the existing LCA and labor certification application systems. DOL will implement the new LCA and PERM application systems with 30-day transitional periods, when both the existing system and the new online portal will be operational simultaneously.

The new iCert system will begin to accept LCAs as of April 15, 2009 – after the April 1 opening date of the H-1B filing period for employment in Fiscal Year 2010. The system will begin to accept PERM applications beginning July 1, 2009.
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Tighter government oversight over the H-1B visa program and permanent employment-based immigration expected.

On October 8, 2008, the U.S. Citizenship & Immigration Service (USCIS) released a report that 13% of all H-1B petitions filed on behalf of U.S. employers are fraudulent. The same report also stated that another 7% of those petitions contain some sort of technical violation. The report’s conclusion states: “Given the significant vulnerability, USCIS is making procedural changes, which will be described in a forthcoming document.”
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On Thursday, March 12, 2009, United States Senators Dianne Feinstein (D-CA) and Edward Kennedy (D-MA) introduced the “Immigration Fraud Prevention Act of 2009.” This Act would make it a Federal crime to defraud individuals – citizens and non-citizens alike…in connection with any matter arising under the Immigration Laws. Accordingly, it would make it a felony to falsely misrepresent that one is an attorney or accredited representative in any immigration matter.

As a result of complaints from law enforcement officials regarding the growing amount of fraudulent immigration specialists operating throughout the country, this bill was introduced. Charles H. Kick, President of AILA, stated that the bill is a wonderful first step towards addressing this pervasive problem. Additionally, Larry Drumm, Chair of AILA’s Consumer Protection and Authorized Practice of Law Action Committee chimed in by stating that “immigration law is stunning complex and filing the wrong documents, missing a deadline, or failing to fully disclose all of the facts in a case can mean the difference between legal status, deportation, and in the case of some asylum seekers, even death.”
This is a very serious issue and the need for a strong federal law and a commitment to root out this problem are what is needed.

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In an article published by Pamela Manson of The Salt Lake Tribune, federal prosecutions confirmed the identity of a Salt Lake City man who allegedly impersonated an immigration official ultimately stealing thousands of dollars from undocumented immigrants hoping to become legal residents.

The complaint alleges that the Salt Lake City man took money from undocumented workers, did nothing to help those clients, and would then threaten his clients with deportation when they questioned his progress in their cases. One woman also alleged that the Salt Lake City imposter demanded sex from her and threatened to have one of her children deported when he she refused to pay him more money. She also alleged that he made many hostile and overly aggressive phone calls to her demanding either sex or more money to finish the process.

According to an affidavit by an Immigration and Customs Enforcement (ICE) agent, the alleged imposter charged between $1,500 to $5,000 per person to handle the legalization process. Additionally, the imposter claimed to work for ICE. It is also alleged that the imposter met many of his clients through mutual friends in the Church of Jesus Christ of Later-day Saints and would meet with his clients in his home to complete paperwork and take payment. It is also alleged that the imposter did not give receipts to his clients because he said that it would cause delays in the process. He also allegedly claimed that by receiving cash only he could back date his client’s cases for faster processing.

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