The government contracting official decides if your contract qualifies for the E-Verify clause and if you meet the following criteria:

• The contract was awarded on or after the Federal contractor rule effective date of September 8, 2009 and includes the FAR E-Verify clause
• The contract has a period of performance that is more than 120 days
• The contract’s value exceeds the simplified acquisition threshold of $100,000
• At least some portion of the work under the contract is performed in the United States

What if you use Subcontractors?

All subcontractors must also verify all existing employees directly performing work under the covered contract. Contractors will need to include a clause for a subcontractor if they meet the following criteria:

• Is for commercial or non-commercial services or construction
• Exceeds $3,000; and
• Includes work performed in the United States

We have a talented team of attorneys and specialists to assist you with pre-Everify audits, reporting and training to get you ready for enrollment. Call us to arrange a consultation today.  562 612.3996.  Our Compliance Services and Solutions: http://www.immigrationsolution.netemployer_compliance_services_solutions.php

California-based client receives FAR E-Verify contract language and waits until the 11th hour to get their I-9’s in order:

In order to properly enroll in the DHS FAR E-Verify free Internet-Based program, or a vendor-based Designated Agent program, the contractor must rely upon the accuracy of their I-9’s and the information provided by their employees on the I-9 form.  We recommend a proactive approach to this issue by obtaining a pre-EVerify I-9 audit (can be a random audit or a complete audit depending upon the condition of your I-9s) to pinpoint reoccurring issues and correc them – with accompanying I-9 compliance training and the establishment of policy and procedure around how your company will handle this function – then you’re ready to enroll in E-Verify.

If you have questions or require any of the above services, our distinguished team of attorneys and specialists are available to work with you on your compliance needs.

Leslie Davis, Managing Director
Immigration Solutions

As reported by ImmigrationImpact.com

This month marks the 7th anniversary of the DHS which is home to the nation’s three immigration agencies (ICE, CBP and USCIS).  It also marks the end of a sweeping internal review ordered by DHS Secretary Janet Napolitano which has not been made public.

The Immigration Policy Center has released a report entitled DHS Progress Report: The Challenge of Reform to assess the 1st year of the Obama Administration’s immigration policy.

On the plus side, there has been more public engagement and discussion of DHS priorities. ICE has announced, although not fully implemented, numerous detention reforms. It has done away with the massive worksite raids of the past few years, placing greater emphasis on employer violations. The Obama Administration and USCIS have made some genuine inroads into immigration fee reform, backlog reduction, and expanded naturalization and integration efforts. Secretary Napolitano has also invested significant time and resources into developing plans for comprehensive immigration reform.

These are just some of the examples of changes within the last year. Ultimately, this first year was mostly frustrating—a year where the promise of reform seems to fight daily with the dynamics of an entrenched belief in an enforcement driven culture. For every two steps forward, it seems that the Department takes one steps backward.

It has been reported that today President Obama is scheduled to meet with two key congressional players in the movement for immigration reform—Sen. Charles Schumer (D-NY) and Sen. Lindsay Graham (R-SC)—who are working together behind the scenes to draft a bipartisan immigration bill. The President is expected to ask the Senators to produce a reform bill blueprint that “could be turned into legislative language.” Some think that the meeting is another positive signal from the White House, and others view it as a “last-ditch effort in an election year.” Although interpretations are mixed, a spokesman for the White House affirmed that the President is still committed to reforming our immigration system.  More on this

In light of the recent controversial USCIS 19-page January 8, 2010 memo where USCIS takes a very strident and restrictive position on staffing agencies as employer/petitioners, we find it particularly disconcerting to learn that there are 200,000 contract employees working at the DHS, more than the 188,000 “civilian” workforce.

In a letter sent to the agency’s Secretary Janet Napolitano, Lieberman and Collins said the figure “raises the question of whether DHS itself is in charge of its programs and policies, or whether it inappropriately has ceded core decisions to contractors.”

Napolitano is slated to appear before the Senate committee and is expected to face questions on the subject. The senators want a unit-by-unit breakdown of where in Homeland Security the contractors are working and have asked for assurances that contractors are not performing “inherently governmental work.”

Clark Stevens, a spokesman for Homeland Security, told CNN Tuesday that “Secretary Napolitano has been strongly committed to decreasing the department’s reliance on contractors and strengthening the federal work force” at Homeland Security.

“Over the past year, we have been actively converting contractor positions to government positions and will continue to build on these efforts at an even more aggressive pace this year. We are working across the department to identify and make additional conversions as quickly as possible while sustaining the work force required to carry out our critical mission,” Stevens said.

How ironic could this possibly be?!  We will keep you posted.  For the story on CNN

When the Occupation Requires a License

USCIS’ approval of an H-1B petition that requires a license, is not authorization for the employee to practice his or her profession without the required license.  USCIS regulation provides that if an occupation requires a state or local license to fully perform the duties of the occupation, the foreign worker must have the license prior to the approval of the petition.

This can be a Catch 22….Some states will not issue a state license unless the individual worker presents evidence to the State Board that they are legally authorized to be employed in the USA.  Some State Boards require the worker to establish to the State Board that they have been granted H-1B status as a prerequisite to issuing the license.  For example, certain State Boards of Pharmacy will not issue a pharmacist license until the worker presents evidence of work authorization.  Teachers have been unable to obtain licensure until they obtain social security numbers which cannot be achieved until one is authorized to work in the USA.

With the above being said, USCIS adjudicators have been instructed to approve H-1B petitions for a one-year period if a State or local license to engage in the profession is required, and the appropriate licensing authority will not provide such license to the worker without evidence that  that they have been granted H-1B status.  At the end of the one-year period, the employer is required to file another petition with a request for extension and also present evidence at that time that state licensure has been obtained.

As a condition to approving petitions involving state or local licensure, the worker must demonstrate that he or she has filed an application for the license according to the State or local rules and procedures and provide evidence that they are qualified to receive the license, and that all educational, training experience and other requirements are met, including healthcare certification, at the time of filing the petition.  For instance, Physical Therapists must provide a letter or statement signed by an authorized state physical therapy licensing official in the state of intended employment, indicating that the PT is qualified to take the state’s written licensing examination for physical therapists and thereafter obtain state licensure.

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If you are not a client of our firm and would like to discuss H-1Bs as well as any other immigration matters, we invite you to contact us.  My email address is leslie@immigrationsolution.net, telephone is 562 612.3996.  If you’d prefer to request a consultation, you can do so here

When should I start my case?

Immigration Solutions accepts H-1B cap-subject cases well in advance to avoid the rush that normally occurs when employers become aware of cap deadlines and when foreign workers obtain job offers that require cap subject visa numbers.  Bottom line, cap-subject cases should be started ASAP.

How long does it take to prepare an H-1B Case?

We do not recommend waiting until the last minute because of the various government agencies that are involved in the process.  With good front-end case strategy, our attorneys’ depth of experience and a streamlined case process, the many steps involved in preparing an H-1B, requiring the cooperation of all parties, can go very smooth and an approvable petition can be filed with all necessary documents.  An approval requires that a case be prepared correctly from the start.  It is often not possible to reverse strategy after the case is filed. Planning ahead is crucial to flush out any issues that need to be overcome.

In summary, the demand for H-1B visas, although not as high in this economy, have tougher documentation standards and Department of Labor delays with new LCA software.  By understanding the issues involved in the H-1B process, Immigration Solutions takes a proactive approach to assure that the needs of their clients are addressed early.

If you are not a client of our firm and would like to discuss H-1Bs as well as any other immigration matters, we invite you to contact us.  My email address is leslie@immigrationsolution.net, telephone is 562 612.3996.  If you’d prefer to request a consultation, you can do so here

Super Express Van Tours of Houston was not your ordinary bus line. It served neither tourists nor commuters. Instead, federal officials say, it specialized in transporting illegal immigrants around the country. Once they arrived from Mexico, it kept the passengers under lock and key in “safe houses” — preventing both scrutiny from outsiders and possible escapes — until it loaded them into minivans and shuttled them to cities across the United States, including Los Angeles, Atlanta and Miami.

Super Express was no stranger to the Border Patrol and other federal authorities — its drivers had been stopped and arrested seven times over five years for transporting illegal immigrants. But the drivers and their human cargo were merely the low-hanging fruit. That’s why it was a welcome development last week when agents arrested the company’s owner, Fermin A. Tovar.  For more

Customs and Border Protection (CBP) last week provided AILA (the American Immigration Lawyers Association) with information regarding enforcement issues at Newark Airport.  The CBP have been assisting ICE with an investigation of certain H-1B non-immigrants and particular employers who hire H-1B workers.  This created events where H-1B visa holders were detained as a result of  employers being under investigation by ICE.

This incident has been a strong reminder that non-immigrants in work-related status such as H-1B, L-1, E and O-1 classification should be prepared for the potential of additional scrutiny when entering the United States after travel abroad.  CBP will question arriving non-immigrants about their employer, and may request documentation to prove that the nonimmigrant is still employed according to the petition that was filed on their behalf.

The above-mentioned incident where CBP engaged in more extensive questioning, has caused many H-1B visa holders and their employers to have concern about documentation that their employees will need to re-enter the USA following foreign travel.

CBP does have the authority to inquire about these issues, however, recent events indicate that their line of questioning may become more extensive and may result in more situations where arriving employees will be put in secondary inspection.  Secondary Inspection is where CBP officers wish to question the alien concerning their intent in the USA and conduct a more thorough interview and review any additional documentation that the individual may have brought with them, as well as information on electronic devices (cellphones and laptops).  They may even conduct Internet searches on the individual and the employer.  Therefore, employees entering the USA in H-1B classification or other employment based visas should be prepared for the possibility of additional scrutiny, and for the possibility of secondary inspection, regardless of where and when they enter – be it an airport or a land border.

We highly recommend that entering non-immigrants bring the following additional information with them in the event they are asked to produce evidence of their employment:

1)      Copies of 2 recent paycheck vouchers

2)      A copy of the USCIS petition that their status is based upon

3)      Current/Original I-797 approval notice

4)      A current letter of employment verification from a company officer or HR professional confirming job title and dates of employment  on business letterhead – is an excellent idea, as well.

We have heard recent reports that employers may also be contacted by CBP to confirm information related to the employment relationship and job duties.

We will provide updates to you on this issue and intend to monitor it very closely.  If you or your employees have encountered any additional scrutiny and would like to relay your experiences, please contact Immigration Solutions.

DHS employees are being asked to volunteer for assignments at U.S. diplomatic missions to help State Department officials review applications for visas.

The assignments, “some of which are located in high-threat areas,” would last at least 30 days, the notice states.

ICE agents already are posted in a dozen countries to weed out applications from potential terrorists or criminals, but the new notice seeks people to conduct in-depth background checks and write intelligence reports. Federal officials told CNN they would back up State Department officials who lack law-enforcement experience to look for security threats.

After meeting with his homeland security and counterterrorism team Tuesday, Obama told reporters that the government “has to do better” to stop attacks like the December 25 attempt to blow up Northwest Airlines Flight 253.

Additionally, U.S. anti-terrorism officials are pushing to get more air marshals on American jetliners and beef up efforts to screen visa applicants overseas after some stinging criticism from President Obama.

Internal notices issued Tuesday and Wednesday by the Department of Homeland Security is asking employees to step up to train as air marshals and to serve at U.S. diplomatic posts abroad. Both moves follow Obama’s call for immediate reforms to prevent the kind of “potentially disastrous” failure involved in the unsuccessful attempt to bomb a U.S. jetliner on Christmas Day.

The Immigration Policy Center has assembled a top 10 list of resources for 2009.

For those of you not familiar with the IPC, their staff regularly serve as experts and leaders on Capitol Hill, opinion-makers and the media.  Their mission:  To provide policy makers, the media and the general public with accurate information about immigrants and immigration policy on US society.  Their studies and reports are widely disseminated and relied upon.

Here’s their list.  What are your thoughts?