3. The Canadian Experience

We were so impressed with this article amongst a sea of immigration difficulty these days, that we wanted to share it. The Op-Ed appeared in the NY Times 3/20/10 by Thomas Friedman:

Went to a big Washington dinner last week. You know the kind: Large hall; black ties; long dresses. But this was no ordinary dinner. There were 40 guests of honor. So here's my Sunday news quiz: I'll give you the names of most of the honorees, and you tell me what dinner I was at. Ready?

Linda Zhou, Alice Wei Zhao, Lori Ying, Angela Yu-Yun Yeung, Lynnelle Lin Ye, Kevin Young Xu, Benjamin Chang Sun, Jane Yoonhae Suh, Katheryn Cheng Shi, Sunanda Sharma, Sarine Gayaneh Shahmirian, Arjun Ranganath Puranik, Raman Venkat Nelakant, Akhil Mathew, Paul Masih Das, David Chienyun Liu, Elisa Bisi Lin, Yifan Li, Lanair Amaad Lett, Ruoyi Jiang, Otana Agape Jakpor, Peter Danming Hu, Yale Wang Fan, Yuval Yaacov Calev, Levent Alpoge, John Vincenzo Capodilupo and Namrata Anand.

No, sorry, it was not a dinner of the China-India Friendship League. Give up? O.K. All these kids are American high school students. They were the majority of the 40 finalists in the 2010 Intel Science Talent Search, which, through a national contest, identifies and honors the top math and science high school students in America, based on their solutions to scientific problems. The awards dinner was Tuesday, and, as you can see from the above list, most finalists hailed from immigrant families, largely from Asia.

Before the dinner started, each contestant stood by a storyboard explaining their specific project. Namrata Anand, a 17-year-old from the Harker School in California, patiently explained to me her research, which used spectral analysis and other data to expose information about the chemical enrichment history of "Andromeda Galaxy." I did not understand a word she said, but I sure caught the gleam in her eye. We link here for the rest of the article (definitely worth the read).

5. In The News

I-9 Employment Eligibility Errors and Fines

I-9 errors are classified into two groups:

• Substantive verification failures, which are not subject to the ten-day correction period. Substantive errors could arise, for example, when the employee fails to sign section 1 or forgets to check one of the boxes indicating his or her citizenship or immigration status.
• Technical or procedural verification failures, which may be corrected. Technical or procedural violations tend to be more benign in nature including, for example, the failure of the employee to enter his or her maiden name, address, or birth date in Section 1 or failure of the employer to provide the title, business name, and business address in Section 2.

It's important to note, however, that an employer must have made a good faith effort to comply with the I-9 requirements in order to take advantage of the ten-day correction period. So if an employer repeatedly made mistakes in knowing reliance of the 10 day correction period or attempted to correct the errors by back-dating, ICE may very well fine them to the fullest extent. Assessing whether your I-9 errors are substantive versus technical is a complex process, requiring analysis of various policy memoranda and case law. If you are facing a government audit, it's always best to consult with experienced legal counsel who can advise you on your potential I-9 liability and a prudent course of action.

• E-Verify Employer and Employee Civil Rights Videos:

  These are real-world scenarios that are excellent training tools.
  "Understanding E-Verify: Employer Responsibilities and Worker Rights" and "Know Your Rights: Employee Rights and Responsibilities". You can view them here.
• Healthcare Reform and the Top 10 Healthcare Occupations.
• CGFNS to Discontinue Automated Phone Service
• Travel Tips when Entering the USA CBP on admission into the USA
• CBP on Admission into the USA for Canadian and Mexican travelers
• Employers that Hired H-1B personnel in 2009

• H-1B Recent FAQs:

  • Q:What happens if I am terminated but the company keeps me on as an employee without pay?
    
    A: USCIS will not consider you "in status" unless you are employed and being paid as an H-1B visa holder. This is a dangerous road to travel both for the employee and the employer. When filing for a change or an extension, USCIS expects that the applicant document their status by presenting recent paycheck vouchers. Without these, it is likely that USCIS will not conclude that the applicant is in status. Your option might be to obtain an H-1B petition approval for consular processing, rather than change status or extend in the USA.
  • Q:What if your employer puts you on unpaid leave because of a lack in work?
    
    
    
    A: Putting an employee on leave (or "benching") because you have no assignment for them does not relieve the employer from continuing to pay salary. Doing so will expose the employee and the employer to some very heavy-handed judgments, such as being assessed to pay back wages, benefits, and penalties on top of this. As contract work becomes harder in this economy, particularly for those that work in the IT and healthcare sectors, employers must protect themselves, even if it means that sometimes you must let a valuable employee go. Per H-1B regulations, employers are required to pay full salary to the employee even during non-productive time.
  • Q:How does the H-1B 'Remainder Option' work?
    
    A:When you have been in the USA but have not exhausted the entire 6-year maximum period of stay, you may seek "readmission" to the USA for a new or same employer, w/o being subject to the H-1B cap.
  
  
  • Q:Since the release of the controversial Neufeld Memorandum on January 8, 2010, what do you do if your employer is an IT or healthcare staffing agency and you need to file an innitial H-1B case or an extension?
    
    A: The factor under consideration is greater scrutiny regarding the employer-employee relationship: who supervises and controls the work of the H-1B employee and whether or not the employer maintains supervision in a consistent and regular manner and how that supervision is done -- onsite visits by the employer, via telephone written reports, and the frequency. If the supervision is done off-site, then how does the employer maintain supervision? These are issues that need to be addressed, and we highly recommend that you work with an experienced and qualified immigration attorney that can walk all parties very carefully through these complex issues.

• Important Changes in Forms and Filing Locations for I-485, I-131, I-765:

  You can find the the USCIS "Update" here

• VSC Advises Change of Address for H-1B 2011 Cap Filings:

  This is a follow up: Be advised that when when the 4 Lemnah Drive address is entered into FedEx, it changes the zip code to SAINT ALBANS VT 05478-2326. VSC did not intend to create a special zip code and has made arrangements with FedEx to ensure that petitions mailed to 4 Lemnah Drive with the 05478-2326 zip code will be delivered to the correct location.
  
  H-1B Cap Cases: USCIS VSC
  Attn: H-1B Cap 4 Lemnah Drive
  St. Albans, VT
  05479-0001
  
  H-1B U.S. Master's Exemption Cases: USCIS
  VSC
  ATTN: H-1B U.S. Masters Cap
  4 Lemnah Drive
  St. Albans, VT
  05479-0001
  
  

• DOL Releases List of Important E-Mail Addresses:

  The Department of Labor recently released a list of important e-mail addresses pertaining to the PERM system, labor condition applications and prevailing wages, and H-2A/H-2B issues. The list is available here.

6. InFocus for HR's

What can Immigration Compliance Group do for your organization?