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.

We link to the Primer that discusses CIR, the key elements, what is smart enforcement and more released by the Immigration Policy Center

For what may by the first time, the number of H-1B petitions withdrawn by applicants or rejected by U.S. authorities is exceeding the number of new petitions for the visas – as published in Computerworld 7/22/2009.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.

If you have a case pending at one of the Service Centers, you need to know about the new and improved procedures for obtaining case status.  We link to this important notice.

Michigan to consider E-Verify bills on August 19th that would require employers in Michigan to use E-Verify.  H.R. 4355 would require contractors and sub-contractors to utilize the E-Verify system to confirm the employment eligibility of new employees.  H.R. 4969 would prohibit employment agencies from referring candidates to public agencies without first verifyig the candidate’s employment eligibility through E-Verify.

Two Michigan counties have already approved mandates for local contractors.

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Colorado to adopt employment verification regulations: HB 06S-1017) requires that all public and private employers who transact business in Colorado affirm, in written or electronic copy, that it has (1) examined the legal work status of the new employee; (2) retained file copies of the employee’s identification and work authorization documents; (3) not altered or falsified the documents presented by the employee; and (4) not knowingly hired an unauthorized foreign worker.  The employer must make the affirmation within 20 days after hiring the new employee.  The proposed rules include all of the provisions listed above while also defining in detail various audit procedures and applicable fines for noncompliance.

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DHS to publish a proposal to rescind Social Security No-Match: In tomorrow’s proposal, DHS outlines the basis for its policy change, including a detailed description of E-Verify improvements, new worksite enforcement and community outreach efforts that it will be implementing in the near future. In particular, DHS’s worksite enforcement strategy now includes a restructured process for worksite administrative fines, a debarment policy that prevents employers from receiving Federal contracts when they are in violation of worksite laws, and a Document and Benefit Fraud Task Forces (DBFTF) cooperative to combat the vulnerabilities exploited by identity and document fraud organizations.  We link to the Federal Register rule.  Comments are accepted for 30 days.

Global Entry expedites the customs and security process for trusted air travelers while helping DHS ensure the safety of all airline passengers,” said Secretary Napolitano. “Expanding this vital program allows us to improve customer service at airports and concentrate our resources on higher-risk travelers.”

Starting Aug. 24, new Global Entry enrollment centers and kiosks will open at 13 additional international U.S. airports in Boston, Dallas, Detroit, Fort Lauderdale, Fla., Honolulu, Las Vegas, Newark, N.J., Orlando, Fla., Sanford*, Fla., Philadelphia, San Juan, Puerto Rico, San Francisco and Seattle.

How many of you picked up on this during the week? Let’s hear your thoughts…

“The longer the healthcare debate drags out not only does it make it harder to get healthcare passed, it makes it harder to get immigration passed,” says Mark Krikorian, executive director of the conservative Center for Immigration Studies.

Check it out and give us your thoughts.

http://www.ilw.com/immigdaily/news/2009,0817-webredesign.pdf

For the first time in several years the H1B visa program, once the most sought after among Indian professionals, is unlikely to reach its cap of 65,000 before the start of the 2010 fiscal with nearly 20,000 slots lying vacant thanks to the tattered US economy.

The US Citizenship and Immigration Services reports as of August 7, 2009 that it has received approximately 49,400 H-1B petitions counting toward the Congressionally-mandated 65,000 cap, more than four months after it started accepting applications for visas for the 2010 fiscal year beginning  October 1st

This is in contrast to previous years when the USCIS had to resort to a computerized lottery.

We link to the article in Business Standard.  Contact us for your H-1B cases and questions.

In a 8/11/09 Press Release, the Department of Homeland Security announced its funding of an additional $30Mil for Operation Stonegarden to enforce immigration laws and combat illegal traffficking along the southwest border.

DHS Secretary, Janet Napolitano, stated, “Operation Stonegarden grants direct critical funding to state, local and tribal law enforcement operations across the country,” said Secretary Napolitano. “I am proud to announce an additional $30 million in funding specifically for the Southwestern states to ensure our first responders are equipped with the resources they need to confront the complex and dynamic challenges that exist along our Southern border.”