ICE announced today the launch of its newly redesigned website, ICE.gov. The new website features the latest ICE news information and an enhanced media/image gallery. The new ICE.gov also includes in depth information about the ICE Office of Homeland Security Investigations (HSI) and the ICE Office of Enforcement and Removal Operations (ERO).

The new site also features ICE’s Online Detainee Locator System (ODLS), a public, Internet-based tool, designed to assist family members, attorneys and other interested parties in locating detained aliens in ICE custody. The ODLS was launched on July 23, 2010.

FedEx Corp. will pay the state of Montana a $2.3 million settlement over misclassification of FedEx Ground drivers as independent contractors, Montana Attorney General Steve Bullock announced Oct. 21.

The settlement follows a yearlong investigation by Montana that found FedEx Ground drivers are employees, not independent contractors, and that FedEx owed unemployment taxes, penalties and interest, according to the attorney general’s office.

Montana will reimburse drivers $1.1 million for unemployment insurance coverage that was paid by them. The remaining $1.2 million will go to the state’s general fund.

FedEx did not admit wrongdoing in the settlement.

“As a result of the investigation, FedEx will change its business practices in Montana,” according to the attorney general’s office. FedEx Ground will “implement a new pickup and delivery model in Montana,” the office reported.

What does this mean for employers? Although you are not required to fill out I-9 forms for independent contractors or their employees, you must not knowingly use contract labor to circumvent the law against hiring unauthorized aliens.

Should you have any questions regarding this or require any other type of employer compliance consultation, please contact us.   Please take a look at our new I-9 Employer Resource Center.

Immigration officials, in an effort to deter fraud, will unveil today a new naturalization certificate for people who become U.S. citizens.

The new certificates, used to obtain passports and other legal documents, come after USCIS unveiled a new green card — the ID card for immigrants with permanent residency status — this year that had improved security features to prevent forgery and tampering.

The old Naturalization Certificates were filled in manually and the person’s photograph was just attached to it. The new computerized certificates will have all that information embedded in the document and also will have ink patterns that are harder to duplicate.

It’s important to note that  previously issued certificates remain valid.

If you haven’t seen the new USCIS Naturalization Resource Center, take a look.  It’s very informative, easy to navigate and an excellelnt addition to their website.

LONG BEACH, CA, October 22, 2010. Immigration Solutions, a leading full service consulting, immigration, and employer compliance organization, announces its new I-9 Employer Resource Center that is uniquely designed to assist businesses in developing and maintaining compliant employment practices.

Reputable industry leaders are being audited, as employer compliance becomes more complex and enforcement (investigations and audits) increase. In order to effectively deal with these issues and avoid the very severe consequences of fines and penalties for non-compliance, employers must take the time to develop a strategy and be prepared in advance with a Compliance Program.

Many companies struggle with determining who to turn to for their I-9 compliance needs. Immigration Solutions approaches its Employer Compliance practice with the same exceptional service level clients have experienced from their other practice areas. Their talented and experienced team offers onsite or offsite in-depth I-9 audits, compliance training, assistance with the development of training manuals and compliance policies and procedures, and on-call consulting services. They additionally assist their clients in responding to government Notices of Inspection and audit requests.

With pricing that is cost-efficient and tailored to the needs of their clients, Immigration Solutions is positioned to offer high touch services and solutions to their clients at affordable prices.

Websites: www.I-9Audits.com
www.immigrationsolution.net

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About Immigration Solutions

Immigration Solutions provides US and Canadian immigration services to individuals and employers throughout the USA and abroad. They specialize in business immigration and have a depth of experience in the IT, health care, arts & entertainment, and sports industries, amongst others. Their services include complex business visas for investors, multinational managers, skilled professionals and outstanding individuals in science, business, education, athletics and entertainment. They additionally provide employer compliance consulting services on proper I-9 (Employment Eligibility Verification) auditing, training, and work with their clients to develop compliant immigration policies and procedures. They offer these services, as well, to government contractors and advise on FAR E-Verify enrollment and compliance issues.

The Justice Dept announced today that it reached a settlement with Catholic Healthcare West (CHW) to resolve allegations that they engaged in a pattern of citizenship discrimination by imposing discriminatory hurdles to employment for work-authorized individuals by requesting that non-US citizen and naturalized US citizens present more work authorization than required by law. CHW is the 8th largest hospital provider in the nation, operating facilities in California, Nevada and Arizona. CHW agreed to pay $257,000 in civil penalties – the largest amount of civil penalties ever paid to resolve such allegations.

This settlement sends a strong message to all employers how vitally important it is to have staff that is charged with the I-9 process properly trained on the laws governing I-9’s and specifically on each section of the form.  All workers who are authorized to work in the USA have the right to look for a job without encountering discrimination because of their immigration status or national origin”, said Thomas E. Prerez, Asst. Attorney General for the Justice Department’s Civil Rights Division.

We are seeing with  increasing frequency, particularly in the hospitality, restaurant and contracting industries, the collaboration between the Department of Labor’s Wage and Hour Division (WHD) and ICE concerning the recent rash of I-9 audits and work site investigations.  We think this is for a myriad of reasons:

1)      Not meeting employee minimum wage requirements

2)      Non-conformance with H-2B temporary labor certification regulations

3)      Mis-classifying workers as independent contractors

4)      Hiring undocumented workers

5)      I-9 document violations; and

6)      A high volume of uncontested E-Verify Non-confirmations

In September a meeting took place between immigration attorneys and representatives from the USCIS Verification Division to discuss updates with E-Verify.  It was discussed that The Office of Special Counsel and E-Verify have signed an MOU to share information  between the two agencies, enabling the OSC to increase its role in the enforcement of E-Verify policies, specifically related to discrimination and employer use of the E-Verify system.

E-Verify is particularly monitoring employers that are suspected of misusing the system for pre-screening purposes or who appear to be providing data that is inconsistent with the size of their business and their usage of the E-Verify system.

If you’re an employer and you receive a Notice of Inspection (NOI) or a Subpoena, it is highly advisable that you contact an attorney that specializes in employer compliance issues before you provide any documentation whatsoever to ICE agents, DHS, or DOL.

For more information on E-Verify, we link to the Quick Reference Guide for E-Verify Employer Agents and to the E-Verify menu on the USCIS website.

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Immigration Solutions provides US and global visa services to individuals and employers throughout the USA and abroad.  We specialize in business immigration and have a depth of experience in the IT, health care, arts & entertainment, and sports industries, amongst others.  Our services include complex business visas for investors, multinational managers, skilled professionals and outstanding individuals in science, business, education, athletics and entertainment.  We additionally provide employer compliance consulting services on proper I-9 (Employment Eligibility Verification) auditing, training, and work with our clients to develop compliant immigration policies and procedures.  We offer these services, as well, to government contractors and advise on FAR E-Verify enrollment and compliance issues.

USCIS has updated and revised the E-Verify manuals for both Employers and Federal Contractors.

The new manuals reflect recent changes to the E-Verify website and offer additional guidance and clarification. Employers or their agents who use E-Verify, federal contractors who have the Federal Acquisition Regulation (FAR) E-Verify clause in their contracts, and employers considering using E-Verify should become familiar with the new manuals.

Note that there are some new FAQ’s with detailed instructions for FAR contractors that have the FAR E-Verify clause in their contracts.  Also, note that web service developers have until December 2010 to add the required functionality from the June 2010 E-Verify redesign.

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We find in our I-9 audit practice that  most employers have problems with their I-9 documentation and that if discovered by ICE during an audit, would cost them thousands of dollars in fines.  We also find that most employees charged with handling I-9’s have never received any formal training.  If you are aware that your I-9’s have problems, we urge you to not ignore it.  Please take a look at our services and solutions.  Our talented and knowledgeable compliance team can discuss the following with you:

• Full onsite or offsite I-9 audit with analysis and report of most common and prevalent issues and instructions as to how to correct your I-9 forms
• A partial onsite or offsite I-9 Audit with analysis and report of most common and prevalent issues and instructions as to how to correct your I-9 forms
• I-9 Compliance Training on the laws that govern I-9 processing and management with specific training on most common and prevalent issues
• A training program that will teach you how to perform your own I-9 Audit
• The drafting and implementation of an I-9 Policy and Procedure Manual

You can contact our office here.

USCIS has released a new 97-page E-Verify User Manual for Federal Contractors today.  What with ICE announcing all time record breaking highs on Employer Worksite Investigations for 2010, now is the time to act upon getting your I-9’s in order, particularly if you know that there are paperwork violations buried in them and particularly if you know that you’ve had turnover in personnel that are charged with handling your I-9’s.  Please see our previous Blog entry on this topic today.

Our compliance team can plan and structure a project to your needs that will ease the uncertainty of going through a partial or full audit of your I-9 employee population.  We ask all our clients and readership to strongly consider consulting with us, if you haven’t already, to discuss the management of your employee verification program, policy and procedures.

This is becoming serious business for human resource professionals, particularly if you know that you have paperwork violations buried in your I-9’s…AND….you’ve had turnover with the staff that are charged with handling I-9’s …and lastly, none of your staff has ever received formal I-9 compliance training.

Our compliance team can plan and structure a project to your needs that will ease the uncertainty of going through a partial or full audit of your I-9 employee population.  We ask all our clients and readership to strongly consider consulting with us, if you haven’t already, to discuss the management of your employee verification program, policy and procedures.  Please see today’s announcement from ICE.

In April 2009, Secretary Napolitano announced changes to ICE’s worksite enforcement strategy – which reduced the need for large-scale immigration enforcement actions where employees were arrested and instead focused on finding evidence to criminally charge employers and to increase the use of tools like I-9 audits, fines and debarment.

• This year, ICE criminally charged a record-breaking 180 owners, employers, managers and/or supervisors – up from 135 in FY 2008 and 114 in FY 2009.
• ICE conducted more than 2,200 I-9 audits – up from more than 1,400 in FY 2009.
• Since January 2009, ICE has imposed approximately $50 million in financial sanctions.
• ICE debarred 97 business and 49 individuals in FY 2010, up from 30 and 53, respectively, in FY 2009

Here’s an associated announcement from Secretary Napolitano.

We would urge you to be proactive in this area and put the matter of a “pre-audit”  I-9 audit on your agenda, or request training from us as to how to conduct your own internal audit.

Senate Dems Robert Menendez (NJ) and Patrick Leahy (VT) introduced the CIR Act of 2010 that proposes major  overhaul to the immigration system, making changes in employment and family-based programs with enhancements to I-9 (employment eligibility verification) employer obligations.  Most feel that this will not be the avenue by which CIR is accomplished, but that many of its ideas, including those int the CIR ASAP Bill that was introduced by Luis Gutierrez (D/IL) and the REPAIR proposal introduced by Senators Schumer (D-NY) and Lindsey Graham (R-SC) earlier this year, will all be considered when Congress decides to get serious about tackling immigration reform and actually start debating the issues.

The Bill does propose the creation of an Immigration Commission that would have authority to recommend yearly NIV and IV numerical limits.

The Bill proposes changes to the H-1B program by requiring employers to post the job opening on a new DOL website.  Employer with 50 or more employees would be prohibited from petitioning for additional H-1B workers if their workforce was comprised of more than 50% H-1B and L-1 workers, excluding those who are the beneficiaries of a pending or approved labor certification or employer-based immigrant petition.  Additionally, employers would be prohibited from placing H-1B workers at a 3rd party site, unless the worker was primarily supervised and controlled by the petitioner/employer.

DOL would be charged with additional authority to review LCA’s for fraud or misrepresentation and would have up to 14 days to certify an LCA (makes one wonder if we’d ever get a case out the door!)  with additional authority to investigate complaints against H-1B employers and to conduct employer H-1B compliance audits.  This is yet another reminder to employers to make sure that their Public Access Files are in order and that they are working with immigration attorneys who provide them with PAF files and overall compliance guidance and training.

Proposed changes to the L-1 Program would include requiring employers to offer L-1 employees insurance and other benefits on the same basis as that offered to US workers.  Increasing restrictions would be imposed on “new office” L-1 petitions and would require DHS to submit a report to Congress on L-1Blanket use.  On the positive side, the bill wold provide some relief for small employers seeking L-1A status for foreign nationals.  It would forbid adjudicators from using the small size of an L-1 employer as a negative factor in executive or managerial eligibility for L-1A status, but would increase DHS authority to investigate complaints against L-1 employers and impose new penalties upon employers who violate L-1 regs.

*** (Relief for Registered Nurses) *** — The Bill proposes to create a new H-2C temporary, nonimmigrant visa for occupations for which there is a shortage of American labor.  The initial H-2C visa would be valid for three years and renewed for three more years. With some exceptions, an H-2C visa could be revoked if the visa holder has been unemployed for more than 60 days.  After 4 years, an H-2C non-immigrant may file an application for adjustment of status, provided that he/she has been continuously employed, establishes progress toward civics and English proficiency, meets all criminal and other background checks and pays additional fines and fees.

There is a proposal to include a new H-1C program for lesser-skilled workers with job offers from US employers, and the creation of a premium processing program for administrative appeals of employment-based immigrant petition denials.

Relief for Undocumented Immigrants: Creates a provisional legal status, Lawful Prospective Immigrant (LPI), for undocumented immigrants who are present in the U.S. as of September 30, 2010, register with the government, have never committed a serious crime, and are otherwise admissible to the United States.  LPI status will be initially valid for four years, with the possibility of extensions.  LPI status confers work and travel authorization.  After six years in LPI/LPID status, an applicant may apply to become a lawful permanent resident, provided he or she continues to meet all eligibility requirements, including renewed biometrics and background and security checks, and also establishes basic citizenship and English skills, payment of all taxes, and compliance with Selective Service registration.

Employment-based Immigrant Petitions: The bill would recapture unused employment and family-based visa numbers from 1992 to 2007, and implement for future years  that unusued immigrant visa numbers roll over each fiscal year including the base amount of 140,000 –  plus numbers from 1992-2007 – and any unusued numbers from the previous year.  Those with approved visa petitions who are subject to wait times would be eligible to apply for AOS upon payment of an additional $500 filing fee and would be entitled to 3-year EADs and travel documents.  Those with pending immigrant visa petitions would be eligible to apply for AOS at the discretion of DHS.

We link to a complete summary of the CIR Reform Act from Immigration Policy Center.

Immigration Solutions will continue to update and report on any and all CIR issues as they arise.