USCIS Releases I485 Inventory

On September 23, 2009, remarkably, USCIS for the first time published an inventory of I-485 data online. Applicants can more reliably estimate their expected waiting time for green cards and thus, finally make informed life decisions in career development, family, and becoming new Americans. Congratulations to USCIS, particularly Deputy Chief of Service Center Operations Robert Kruszka and his team, for working with stakeholders including the Legal Immigrant Association in particular and recognizing the importance of making this inventory public.

We link to Q&A and the Inventory Tracker.

After looking at these startling numbers, there is no question that our immigration system needs reform!

House-Senate conferees for the Legislative Branch appropriations bill have agreed to the language for the conference report. The new language also includes a “Continuing Resolution” to fund the government through October 31st (current funding for all federal discretionary programs was set to expire on September 30, 2009). The “CR” also extends E-Verify’s authorization for an additional 31 days according to information on the House Appropriations Committee website.

DHS has released some modifications to the FAR E-Verify enrollment, introducing 2 options to choose from when enrolling for the first time or when updating your profile on the ‘Maintain Company’ page, as follows:

◦ Federal Contractor with E-Verify Clause

◦ Federal Contractor without E-Verify Clause

If you selected the ‘Federal Contractor’ designation when you enrolled or updated before September 8^th, you will notice that your designation has been changed to either Federal Contractor without (if you signed up before 9/8/09 and did not take the refresher tutorial or the Federal Contractor tutorial) or with E-Verify Clause if you enrolled in either refresher tutorial.

If you selected Federal Contractor after September 8^th, you are now designated as a Federal Contractor with E-Verify Clause.

The new director of U.S. Citizenship and Immigration Services said today he wants to emphasize public engagement, transparency and information technology modernization of the immigration agency during his term.

To meet those goals, Alejandro Mayorkas said he has created a new Office of Public Engagement and is debuting a new, interactive Web site Sept. 22 that will allow for public feedback on agency policy and proposals. The updated Web site also will allow for greater ease of use and more access to information about pending requests and applications.

USCIS’ involvement with community stakeholders “should be more of a collaborative effort, engaged and interactive,” Mayorkas said. “We want to have the community involved at a level where we can understand what we are doing well — and what we are doing wrong.”

Another high priority is moving forward on implementing the next stages of the USCIS’ information technology transformation project, which will digitize the agency’s paper-based records systems, Mayorkas said. The project was started in 2005 and is expected to cost more than $500 million.

Mayorkas, a Cuban immigrant, was sworn in Aug. 24 to head the nation’s immigration and naturalization systems. He previously served as U.S. Attorney for the Central District of California and was a partner at the O’Melveny and Myers law firm.

Take a look at our very informative Update and review of the regulation and resources for your tool box. If you’re not signed up to receive our poddcasts and NewsFLASHES please do so.

We are always available for consultation.  If you are seeking competent immigration counsel for your compliance matters, contact us

Our firm participated in the webinar (one of many scheduled through the month of September) today, and we were pleasantly surprised — it’s terrific and we highly recommend it.  They walk you through their presentation and also walk you through the actual E-Verify log on and inquiry process.  They answered questions through email and also opened up for a 1/2 hour of live Q&A — very well organized.  For information by telephone, you can call:  888 464.4218.  We will shortly be receiving a transcript of Q&A and links to their presentation and we will share these when received.

If you are interested in setting up a presentation for your organization, or interested in scheduling a live speaker for an event or conference, you can do so by calling the above telephone number or emailing:  E-Verify@dhs.gov

In the meantime, we wanted to share a few resources that we think are worthy, as follows:

1)  Where can you find the law:  Federal Register:  http://edocket.access.gpo.gov/2008/pdf/E8-26904.pdf

2)  The link to the DHS webpage for E-Verify

3)  FAQ Link

4)  Form I-9, Employment Eligibility Verification Information

5)  How do I complete Form I-9?  http://www.uscis.gov/files/nativedocuments/E3eng.pdf

6)  USCIS Supplemental Guide 9/8/09 for Federal Contractors

Lastly, there is a very interesting article on this topic in today’s Wall Street Journal that we link to.

We will continue to provide any and all information and resources that we feel are informative on this topic.

Immigration Solutions has both the expertise and the legal counsel to walk you through the complex and challenging compliance rules and regulations that are being enforced today.  We link to our Compliance page and to an E-Verify Timeline for Federal Contractors to implement if their organization is awarded a federal contract.

The steps that federal contractors are now required to implement are extremely time-sensitive.  It is recommended that you confer with your immigration provider to make sure that you are properly implementing and adhering to the new E-Verify regulations that go into effect on September 8, 2009.  This does not mean, however, that federal contractors will be required to comply with the E-Verify requirements of the rule as of that date as per our Timeline Chart.

September 8th is the date on which federal government contracting officers will be required to begin including an E-Verify requirement in certain contracts awarded on or after that date.

We will continue to report on this and to provide clear and up-to-date information.  If you’d like to become a client of Immigration Solutions, please contact us.

For those of you who have not seen the new I-551 Permanent Residency passport stamp, (also referred to as the“ADIT Stamp”), we link below to it. The stamp has stars in the four corners; on the left margin the vertical letters, USDHS, and on the right margin the vertical letters, USCIS.

An “ADIT” Stamp is added to a passport or an Arrival-Departure Record (I-94) as temporary proof of residence. To alleviate inconvenience to our customers, USCIS continues to aggressively pursue technological improvements to allow the prompt issuing of permanent alien resident cards (“green-cards”) without the need to issue these temporary stamps.

http://www.docstoc.com/docs/10443239/I-551-Stamp—NEW–08-09

In a Wall Street Journal article from August 18th, the new ICE Chief, John Morton, said that the agency is set to increase the number of companies it will audit and systematically impose fines on violators. Violations could also lead to criminal charges, he said.

On July 1, Homeland Security Secretary Janet Napolitano announced an audit of employers to verify whether their employees were eligible to work.  Mr. Morton said that 654 companies are currently being audited and that many more employers will be notified soon that they also will be under scrutiny by the government.

“You are going to see audits regularly and on a larger scale,” Mr. Morton said during a two-day visit to southern California, his first since being appointed four months ago. “You will see the resuscitation of…civil fines.”

If you have not addressed your I-9 issues, we would strongly urge you to do so.  Our Employer Compliance Unit is up to speed on the law, can develop a compliance program that is tailored to your needs and your industry; we can perform onsite or offsite audits and training and can recommend electronic I-9 compliance and reporting systems with optional E-Verify interface if you’re ready to go paperless.

We link to our solutions and services.

For what may by the first time, the number of H-1B petitions withdrawn by applicants or rejected by U.S. authorities is exceeding the number of new petitions for the visas – as published in Computerworld 7/22/2009.  Employers are finding it impossible to respond to the burdensome and extensive requests for additional evidence, and are withdrawing their petitions in this season of high scrutiny and enforcement.

We link to this article.