At a recent conference, Bill Gates shared his ideas about US immigration policy, noting that there should be more “exceptions for smart people.” While not the most eloquently phrased statement, it does pose an interesting question in the immigration reform debate.  Are we turning away skilled workers?  Or are they leaving on their own, thanks to a complicated and unfriendly system of paperwork and jumping through hoops that are never ending?  We link to the article

The Department of Homeland Security (DHS) launched the DHS YouTube Channel last week and announced the redesign of DHS.gov—steps to enhance the Department’s web presence, increase transparency and provide accurate, up-to-date information to the public.

The YouTube Channel, found at www.youtube.com/ushomelandsecurity, will allow DHS to use video to highlight events, speeches, public service announcements and other related content. DHS’s emphasis on web 2.0 tools such as YouTube allows the Department to provide greater transparency and access to the public and our state, local, territorial, tribal, private sector, and international partners.

Chairman Bill Gates criticized U.S. policies on data privacy and immigration Friday in a speech to the Transforming India through Technology conference in New Delhi, India.

Microsoft will work with India on a national computer identity-card project, he said. He plans to meet with minister Nandan Nilekani, who helped build technology company Infosys.

Gates said the U.S. should have a national identity card or at least let some businesses, like health care, centralize information on individuals. “It has always come back to the idea that ‘The computer knows too much about you,'” he said.

He noted that doctors cannot share records about patients and said a U.S. ban on virtual doctor visits “wastes a lot of money.”

Gates also urged U.S. immigration exceptions for “smart people.” He said Microsoft has created “a lot of jobs” in Canada because immigrants are allowed to work if offered a high-paying job.

We link to more on this piece.

Employers need to be aware of and deal appropriately with two recent developments in Washington DC.  First, the Obama administration in one day notified 652 employers that the government would be auditing their I-9 forms.  In addition, the politicians, despite serious defects in the Social Security database, are proposing that all employees who are the subject of a Social Security No-Match letter be fired if they can not correct the issue.

We wish to provide you with some preventive measures designed to help you avoid the serious consequences of these recent government actions.

::: Most important, retain experienced immigration legal counsel to do an informal audit of your company’s I-9 forms BEFORE the government knocks on your door.  Many issues and errors can be spotted and remedied by this approach.
::: Big mistake to have your I-9’s signed on behalf of the company by employees that have not received proper training and do not have authorization.  This will pretty much guarantee mistakes and is not a good practice.
::: Read and use the USCIS Handbook for Employers for I-9 compliance.  This is one of the tools that we as attorneys use in advising our clients.  We provide the link below.
::: Special attention needs to be focused on Sections 1 and 2 of the I-9 form.  While Section 1 is filled out by your employee, the employer suffers the consequences (fines, etc.) if not done properly.  Section 2 involves the documents that must be submitted by the employee and viewed by the employer regarding identification and employment authorization.    It is best to make copies of documents recorded in Section 2.  Practice shows that copies of these documents are the best way to prove that the I-9 Administrator actually reviewed them and that they meet the reasonable “good faith effort” standard.  Discrimination issues arise if not done properly.
::: Separate I-9 forms from personnel files. Keep terminated employee I-9 forms in a separate binder for the required time and purge when the time has expired.
::: Develop a reminder system to update the I-9 if the employee has submitted temporary employment authorization.

By simply following these simple suggestions, the serious consequences of I-9 audits can be avoided.

1. I-9 Form
2. USCIS Employer Handbook
3. E-Verify

…Outlines and analyzes problems with USCIS and offers useful recommendations

The report includes:

A review of USCIS Transformation

· The most pervasive and serious problems USCIS customers experience such as Requests for Evidence, customer service, and FBI name checks

· Eight Annual Report recommendations that cover file transfers and tracking, DNA testing, and more…

· Eight formal recommendations that cover motions to reopen, EB-5 investor visas, T and U visas, EADs; and more….

· A description of Ombudsman facilitation of interagency meetings

We link here

News on Canadian Immigration, I-9s, Employer Compliance, H-1Bs and more.  Subscribe to our free newsletter and stay informed concerning the immigration issues of the day.

We link to our July news.

Senator Schumer issues a game plan that he thinks will get a CIR bill passed.

We link to the ILW.com article.

Form I-140 Immigration Petition for Alien Worker is used to petition USCIS to classify an alien beneficiary as eligible for an immigrant visa (green-card) based on employment.  We link to the instructions

(Reuters, San Francisco)…..

Silicon Valley is facing a brain drain of high achieving foreign-born students, more of whom are leaving in the face of a chilly local immigration environment in a trend experts say will hurt U.S. high-tech industry competitiveness in the long run.

We link to the article. “We’re simply not producing, in relative terms, significant numbers of engineers or scientists from people who have already been here for a number of generations”, said Wilcox, who specializes in helping the start-ups that gave his bank its name.  “You’ve got to bring them in from the outside.”

The Immigratiion Policy Center HAS issued an excellent “primer” on Comprehensive Immigration Reform (CIR).  We link to this for your reference and information.