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DHS Launches YouTube Channel (? – Yes, it’s true!)

July 26th, 2009

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.

Bill Gates Blasts US Policies on Privacy and Immigration

July 24th, 2009

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.

…Considering I-9 Electronic Storage ?

July 21st, 2009

…Considering I-9 electronic reporting and tracking?  Then join us on 7/29/09 for a free audio conference with one of the leading I-9 electronic storage providers and Inc.500 winner, along with a member of our Employer Compliance team.

For the Event Announcement:  http://www.docstoc.com/docs/8780911/i-9-Event-Announcement
Tor RSVP:  info@immigrationsolution.net

We look forward to meeting up with you!

Senate Hearings on Employment Verification Leave Questions Unanswered

July 21st, 2009

Today the Senate Immigration Subcommittee held a hearing addressing electronic employment verification. While today’s hearing acknowledged that employment verification is an important element of comprehensive immigration reform, serious questions remain about how a mandatory employment verification system should be designed. Today’s momentum building must be paired with serious analysis of the many serious issues involved with a large, mandatory employment verification system.

While employment verification is viewed as an immigration enforcement tool, it is a program that affects every person working in the U.S.—including U.S. citizens.

Comments re I-9 Employer Handbook by AILA

July 15th, 2009

We link to this for your reference. The American Immigration Lawyer’s Association (AILA) is requesting that certain provisions in the handbook be clarified or corrected.

And want to remind you of our Audio Conference on July 29th concerning electronic maintenance of I-9s and how to defend yourself in an Audit.

Pending Immigration Related Legislation (June 2009)

July 12th, 2009

We link to a list of immigration-related legislation introduced into the House of Representatives and the Senate during June 2009 for your reference.  Each Bill has a link for you to follow for more information.

Government Crackdown on Employers

July 10th, 2009

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

DHS Supports E-Verify for Federal Contractors

July 8th, 2009

DHS announced today that it supports the FAR E-Verify regulation for federal contractors to enroll in E-Verify as of 9/8/09.  This means that most federal contractors and subcontractors will be required to enroll in E-Verify.  Secretary Napolitano also announced DHS’ intention to rescind the Social Security No-Match regulation that would have sent “no-match” letters to 140,000 US employers.  The notices would have warned companies to resolve discrepancies or fire workers within 90 days or face criminal charges.

For more on this

Krispy Kreme Fined $40K following I-9 Audit

July 8th, 2009

Every organization needs to conduct an annual I-9 audit through a qualified USCIS immigration attorney.  Contact Immigration Solutions today for you I-9 needs and do a “pre-audit” audit before ICE knocks on your door.

http://www.docstoc.com/docs/8232170/Krispy-Kreme-Fined-40K

USCIS Ombudsman Issues Annual Report

July 3rd, 2009

…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