ICE is not backing off sending I-9 audit notices to US employers.  It’s latest  round of 180 NOI’s (Notice of Inspection) were sent to employers March 2nd in 5 Southeastern states:   Louisiana. Alabama, Arkansas Tennessee and Mississippi.  The notices alert business owners that ICE will be inspecting their hiring records to determine whether or not they are complying with employment eligibility verification laws and regulations.

Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual’s identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual.

Due to the ongoing, law enforcement sensitive nature of these audits, the names and locations of the businesses will not be released at this time.

We link to the Press Release on the ICE website

A strong reminder to employers: Compliance with immigration law is crucial in this enforcement climate. We are in a historic moment regarding U.S. Immigration reform. Major U.S. companies have been slapped with steep fines for non-compliance with immigration laws and contractors have been closed and even jailed for employing illegal immigrants. Now is the time for prudent companies to implement a Corporate Immigration Compliance Program. Our firm’s years of experience and knowledge with employer compliance and worksite enforcement issues can assist your business in offsetting the extent of sanctions and other ICE enforcement threats.  Because of this, employer compliance is becoming more complex and enforcement (investigations and audits) is increasing.

We have a very informative area on our website  relating to this topic.  Please refer to our services and solutions and contact us if you require assistance with I-9 management, audits or training.

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

VisaScreen® renewal:

VisaScreen® certificate holders who have not obtained a permanent U.S. visa are required to renew their certificates within five years of the issue date. VisaScreen® renewal certificate applicants should begin the process six months before their current certificate expires. The renewal fee is
$250 USD. The renewal application is available for download at www.cgfns.org/files/pdf/apps/VisaScreenReApp.pdf or applicants may apply online through CGFNS Connect.

Expedited Review Service:

Service for VisaScreen® to include applicants who have an offer for employment, in addition to those who have a Request for Evidence or a deportation deadline regarding their U.S. visa application.

VisaScreen® applicants are eligible for this Expedited Review Service only I they have met the criteria of Section 343 of the Illegal Immigration Reform Immigrant Responsibility Act; we have received all required documents and we have received a copy of their Request for Evidence, deportation deadline or offer for employment accompanied by a completed CGFNS Expedited Review Service form.

To apply for the Expedited Review Service, eligible VisaScreen® applicants will need to call CGFNS Customer Service between the hours of 8am and Noon, U.S. Eastern Time, to receive instructions. (see contact info below)

We will need the items requested above with an online credit card payment of $500. CGFNS will then perform the necessary review within five business days and, if all requirements have been successfully met, issue a VisaScreen® certificate via UPS next day air. Applicants who are ineligible for a VisaScreen® certificate based on the review will be notified. Fees for the Expedited Review Service are not refundable.

CGNS increases prices on its services:

CGFNS International announced on 21 December 2009 a new pricing structure for core services and several ancillary services.  Applications for the Certification Program, the Credentials Evaluation Service, the VisaScreen®: Visa Credentials Assessment program, the Credential Verification Service for New York State and ancillary services received on or after 1 January 2010 will be charged according to the new fee schedule.

The updated 2010 fees can be found here.

Contact Information:

CGFNS Customer Service* +1 (215) 349 8767
Automated Voice Response Telephone System +1 (215) 599 6200
Appointments* +1 (215) 222 8454
Mailing address Suite 400, 3600 Market Street, Philadelphia, PA 19104-2651
CGFNS Web site http://www.cgfns.org
CGFNS Connect https://www.cgfns.org/cerpassweb/intro.jsp
Apply/Check Status https://www.cgfns.org/cerpassweb/intro.jsp
Email https://www.cgfns.org/cerpassweb/processContactUs.do

• Date: Thursday, March 18, 2010
• Time: 11am – 12 Noon  PST.  For the time in your area: http://www.timezoneconverter.com/cgi-bin/tzc.tzc
• RSVP:      info@immigrationsolution.net
• Who should Attend:  Employers who sponsor L-1A employees and employees who are going through the L-1A adjudication process
• Agenda:

1. What is the Intracompany Transferee L-1A Manager/Executive Visa?
2. What are the requirements?
3. What is the eligibility criteria to obtain an L-1A visa?
4. Why is it so difficult to obtain an L-1A visa in today’s business climate?
5. The insidious RFE’s and Intensified Scrutiny
6. Open Q&A

The regulations have not changed for obtaining L-1A visas, but the good old days are certainly over when entrepreneurs told you how easily they had obtained their L-1A visas and green-cards via the L route.  Now, you are more likely to hear people who have received L-1A visa approvals talk about what good jobs their attorneys did in ensuring compliance with the stringent standards that are being meticulously enforced by the USCIS.

Our Speaker for this Event will be:  Thomas J. Joy, Esq, Supervising Attorney, Immigration Solutions.  Formerly, Managing Partner Hirson Wexler Perl, Los Angeles, CA; Senior Attorney, Fragomen, Del Rey, Bernsen & Loewy; Supervising Attorney, Law Office of Bernard Wolfsdorf

This is a free teleconference for our clients and readership.  Dial in and access information will be provided a few days in advance of the conference call.  RSVP now to reserve your place on the call.

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

The Job Description and Degree Requirement

The job offer and the job description must be for a specialty occupation that requires a minimum of a bachelor’s degree or its foreign equivalent.

What is the definition of a specialty occupation?  A specialty occupation requires the theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.

Small to medium-size companies are being asked to justify why the position requires someone with a bachelor’s degree and to explain, through various types of evidence including organizational charts, why their business is more unique than other similar businesses in their industry that they would require a candidate with a bachelor’s degree in a particular position.

Bachelor’s Degree equivalency can be attained through a single-source foreign degree that meets US standards, a combination of a degree and work experience, or a work experience alone equivalency that meets the “3 for 1” rule; namely, that 3 years of work experience is equivalent to 1 year of university level education (this requires an expert credential evaluation by a service that is authorized to evaluate work experience).  Note: Bear in mind that if you have a skilled immigration professional that has a strategy in place for your green-card sponsorship (permanent residency), it is essential that your degree and its equivalency be carefully reviewed so that it will be compatible with the classification under which you will be filing.

USCIS now requires very detailed job descriptions that contain the position summary, duties and responsibilities, as well as the percentage of time spent on each job duty.  It is hard to imagine that a job description with a 15-bullet point list of duties and a full page in length is insufficient, but when you work with a skilled immigration practitioner, this can be successfully argued against the O*NET and the OOH which is the primary source of job information for USCIS and the Department of Labor.

In summary: Employers need to be prepared with complete job descriptions for their H-1B prospective employees and document the need for a degreed professional thoroughly in their casework.

If you are not a client of Immigration Solutions, we are available to discuss your H-1B filing needs.  Feel free to contact us.

In a Federal Register Notice last week, the Department of State (DOS) announced an increase in their fee structure for non-immigrant and immigrant visa case processing at US Consulates and Embassies.

The fee being proposed for Immigrant Visas for both family and employment-based cases would be based on a new 4-tier fee structure.  Presently, both pay $355 plus an MRV (machine readable visa) fee of $45 (total $400).  They are proposing a lower fee for family-based immigrant visas ($330 + $45) and a much higher fee for employment-based immigrant visas $720 + $45.  There will be another fee tier for self-petitioned cases and humanitarian cases.

The Affidavit of Support review fee is proposed to go from $70 to $88 for family-based cases.

There appears to not be a fee increase at this time for non-immigrant visa applications which are currently $131 USD.