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Arizona:

We hear breaking news daily on the Arizona Immigration Law. Depending upon what side of the fence you’re on, emotions and controversy surrounding the law run rampant, although polls indicate that most Americans support AZ in their decision, support comprehensive immigration reform, and want a system based on the rule of law that includes control of our borders.

Multiple lawsuits have been filed challenging the constitutionality of the AZ law. Opponents are mounting boycotts, resolutions are being passed by cities across the country condemning the law, and the President met last week with Arizona’s Governor Jan Brewer to discuss border and the position that the State has taken on immigration.

While both opponents and proponents are attempting to assess the impact the new law may have on residents of Arizona-citizens and immigrants alike, some 22 states (at last count) are considering similar legislation. This is a clear call to Congress to ramp up all available resources on our borders to quell the violence and to move to step 2 – comprehensive immigration reform. As indicated above, the American people are hungry for real reform, and no longer wish to wait for politicians to squeeze every last political point out of this issue; we need real leadership that is focused on solutions, not headlines.

The Immigration Policy Center has put together a Special Report on "What you Need to Know about the New Law and How it Can Impact your State". The guide provides key answers to basic questions about Arizona’s law—from the substance of the law and myths surrounding it, to the legal and fiscal implications. As other states contemplate similar legislation, knowing the answers to basic questions about Arizona’s law will prove to be critically important in furthering the discussion.

For more on the solutions

Senate Dems to give Commission Authority over Immigrant Visas
As reported in the Washington Post 5/24/2010

Democrats crafting an overhaul of U.S. immigration laws are bringing a new approach to a long-stalled debate: giving a federal commission some power over the future flow of legal foreign workers.

Senate Democratic leaders are drafting a measure to authorize a commission to recommend levels of employment-based visas and green cards that let immigrants work legally in the United States. The plan would require Congress, in certain cases, to vote when immigrant labor is deemed out of line with demand. Although the commission would have limited influence over the skilled-immigrant market for technology and other industries, it would have a major role in regulating low-skilled foreign labor.

The 'commission idea' originally came from Ray Marshall, Labor Secretary under President Jimmy Carter who said, "the United States needs a nonpartisan panel that would use rigorous data analysis in its decisions." The idea is another example of lawmakers showing a willingness to relinquish decision-making to commissions on issues that include reducing the federal debt, Iraq war policy and curbing Medicare costs. "It’s the ultimate expression for the need for political cover," said Ross Baker, a political science professor at Rutgers University.

Legislation being drafted by Sen. Charles E. Schumer (D-N.Y.) and Senate Majority Leader Harry M. Reid (D-Nev.) is expected to take a different tack, said a Schumer aide, who spoke on the condition of anonymity. The panel they envision would have a stronger role in deciding immigrant-worker levels in lower-skilled occupations - such as hotel and restaurant jobs - than in higher-skilled ones.

We’ll see how all this plays out and will continue to report on any and all immigration reform measures.

Employer Petition: Fix Immigration Now:

If you're an employer and, despite your best efforts to find US workers still must hire foreign skilled talent to grow your business, then sign this petition and pass it along to your representatives. Feel free to share this link with your colleagues.

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The regulatory framework and policies of USCIS and the Department of State have done more to encourage and discourage marriage among persons applying for immigrant visas to the United States. For most non-immigrant visa categories, spouses and children may accompany their spouse to the United States and, in the case of L-1/L-2 spouses, may even work in the United States. These persons are in most cases subject to many of the same restrictions as their spouse with regard to their length of stay and eligibility for renewal of their status. The focus of this article however is the impact of marriage on immigrant visa petitions both with regard to spouses and to children who are considering marriage when they have an immigrant visa petition pending.

"Lets Get Married"

Many persons have heard of or assume that the majority of immigrant visas filed in the United States are based upon marriage to a U.S. Citizen. In many cases this is true and a marriage based petition allows for certain important advantages over other forms of immigrant visa petitions. Immigrant visas filed by a US citizen spouse makes one eligible for waiver of penalties for unauthorized presence in the United States (visa overstay) and unauthorized employment in the United States. (Employment without work authorization) In addition, a marriage based petition does not require any wait in a visa category that is required for many parent-to-child petitions where the children are over 21 years of age, or sibling sponsored petitions (brother to sister, sister to sister, etc.)

Yes, many a reluctant spouse has been brought to the altar by the great advantages offered by marriage- based petitions. This raises the specter of fraud and requires USCIS to try to "weed out" marriage fraud in order to discourage marriages entered into primarily for the immigration benefit. There are no bright lines for determining when a romantic or serious relationship can be described as a true marital relationship free of fraud. And unfortunately in the course of an angry divorce, a committed mother of three will still be accused by the angry spouse/father of marriage fraud.

The burden of proof lies on the married couple to prove the bona fides of their marriage which in the absence of new-born children, requires careful documentation of the financial aspects of their relationship, living arrangements and social interaction especially among family members.

Issues that raise eyebrows at USCIS are separate living arrangements, great disparity in age, disparity in race, religion or cultural background, and, of course, persons who have married after being placed in removal proceedings. While any of these issues can be overcome, any one of these elements will earn extra scrutiny, requests for evidence, and questions from reviewing officers.

Marriage is a serious endeavor in any circumstance but in the arena of immigration marriage fraud, it is one of the highest offenses that will bar the individual from obtaining any additional immigration benefits. Fiancé’s should also keep in mind that nearly all Adjustment of Status applications are approved within 2 years of marriage and that a second process, removal of conditions, and potentially a second interview must be endured two years from the date of approval.

You may read this article in its entirety in our articles section here.

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USCIS Unveils New, More Secure Green-Card:

USCIS has unveiled a new, more technologically advanced and secure Permanent Residence Card. The card, commonly known as the "Green Card" (which is actually the color green now!) authenticates an individual’s authorization to live and work in the United States on a permanent basis. The intention behind the redesign, which is a collaboration between USCIS and various Department of Homeland Security agencies, is to deter fraud and more quickly authenticate identification. USCIS contends the new card is "nearly impossible to reproduce."

Highlights of the redesigned card (which, unlike the previous version, is actually green in color) include:

• Holographic images and laser-engraved fingerprints of the card holder;
• High resolution micro-images of every U.S. president and state flag;
• Radio Frequency Identification (RFID) capability which allows border officials to read the card from a distance and compare it to data immediately; and
• A preprinted return address allowing found cards to be mailed to the USCIS

As of May 11, 2010, the redesigned cards will be issued to new permanent residents and to individuals renewing or replacing their green cards. We link to FAQs here

New EAD (Employment Authorization Document) Card Design:

USCIS it has revised the Employment Authorization Document (EAD), or Form I-766, to incorporate the addition of a machine-readable zone on the back of the card.

This update to the EAD is part of USCIS’s ongoing efforts to deter immigration fraud. Starting May 11th, USCIS began issuing the revised EAD cards. The machine-readable zone is compliant with International Civil Aviation Organization standards. USCIS also removed the two-dimensional bar code on the backside of the card and moved the informational box of text to just beneath the magnetic stripe on the card.  The revised card retains all of its existing security features.

These revisions are the result of extensive collaboration among Department of Homeland Security components, particularly U.S. Immigration and Custom Enforcement, Customs and Border Protection and USCIS.  For more information on employment authorization, travel documents and other immigration benefits, visit www.uscis.gov or call USCIS's National Customer Service Center at 1-800-375-5283.

Reminder: New Consular Visa Fees Effective June 4, 2010

U.S. Consulates will begin charging increased fees for processing nonimmigrant visas and border crossing cards (BCCs), as the Department of State introduces a new tiered fee structure with higher charges for visa categories that are more costly to process.

Foreign nationals applying for nonimmigrant visas on or after June 4, 2010 will be subject to the following machine-readable visa (MRV) fees:

• H, L, O, P, Q and R visas : $150
• E visas: $390
• K visas: $350
• B, F, J, M and other visas that do not require a U.S. Citizenship and Immigration Services petition: $140

In addition to the applicable MRV fee, visa applicants may be required to pay a reciprocity fee for issuance of the visa, based on their country of nationality.

Fees for Border Crossing Cards will be raised to $140 for adult Mexican citizens. BCC applicants who are under age 15 and have a parent or guardian who has or is applying for a BCC will be charged $14. See the web link here and press release here.

Streamlined Visa Waiver Program: Form I-94W Eliminated

DHS recently issued a press release announcing the elimination of the paper arrival / departure form (I-94W) for travelers utilizing the Visa Waiver Program (VWP). The VWP is available to citizens and nationals from a specific list of countries for short-term visits. A traveler using the VWP needs to receive an approval through the electronic system for travel authorization (ESTA). By the end of summer 2010, a VWP traveler will no longer be given an I-94W card upon admittance into the United States.

Citizensens or nationals of the following countries are currently eligible to travel to the United States under the VWP: Andorra, Australia, Austria, Belgium, Brunei, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, the Republic of Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.

VWP travelers since January 2009 have been required to obtain ESTA approval before traveling to the USA. We link to ESTA

USCIS Texas Service Center Releases Email pilot Initiative for EB I-485's

The Texas Service Center employment-based I-485 Email Pilot Special Notification Initiative is to provide a mechanism by which applicants can facilitate TSC processes relating to specific EB I-485 application scenarios through an email address.  The email address for this purpose is: EBUPDATE.Tsc@dhs.gov

Applicants will receive an automatic reply from TSC stating that the email was received.  After submitting information through this pilot email initiative, one follow-up inquiry may be sent if no communication has been received from TSC, such as a decision notice, a request for evide3nce, or other notice, within 90 days.  The automatic email reply will provide further information on how to submit the follow-up inquiry. For more we link to our Blog post

USCIS Naturalization Interview Video Helpful

USCIS has created a helpful video for individuals considering naturalization to become U.S. citizens. The video provides information regarding the interview and testing process, as well as standard documentation required at the naturalization interview. The video covers a broad range of typical concerns related to the naturalization interview.

The video runs approximately sixteen minutes and is available on the USCIS WebSite. While the video provides some legal guidance with respect to naturalization requirements, it primarily contains practical procedural information related to the naturalization process. It offers suggestions as to documents to bring to the interview, describes the process of attending the interview, and presents two mock interviews.

We would like to remind you to consult with an immigration attorney prior to filing for citizenship. Naturalization cases can be easy and incredibly complex. This is particularly important for individuals with any type of criminal or problematic immigration history.

H-1B and L-1 Visa Applications at Hyderabad Consular Post in India

There is a new list of documents required for H-1B and L-1 visa applications for the Hyderabad post. This list is much more extensive than the norm. The lists are available on the websites here: https://hyderabad.usconsulate.gov/handl.html and https://www.vfs-usa.co.in/USIndia/working_NCHK.html

Additional information regarding the visa process through VFS Global that handles the administrative process for the US Diplomatic Mission in India can be found here: https://www.vfs-usa.co.in/USIndia/Index.html

We highly recommend that you consult with a skilled immigration attorney for visa application preparation in advance of your interview. Many issues can be resolved in advance of a visa denial or processing delay.

Introducing "VIBE"—USCIS Program for Verifying Companies' Data

USCIS has announced VIBE (Verification Initiative for Business Enterprises), a new Web-based tool that the agency said would "help bring uniformity and consistency" to adjudicating the petitions they receive.

VIBE is intended to assist USCIS verify a petitioner’s ownership, date of establishment, financial viability, current address, number of employees, business activities, and relationship with other entities, among other information. Where there are discrepancies between VIBE and the information contained in a petition, the employer will be issued a request for evidence (RFE) or a notice of intent to deny (NOID) and given an opportunity to explain the discrepancy or provide additional information. At least initially, the system will not replace the paper documentation that employers submit with their petitions, though one of the goals of the program is to ultimately reduce the need for frequent petitioners to submit extensive business documentation with each filing.

USCIS officers are expected to begin using VIBE in the adjudication of selected immigrant and nonimmigrant visa petition types next month, with full implementation of the system to occur later this year. USCIS has noted that information from VIBE will remain in adjudicator files indefinitely.

Connecting DHS to the Private and Public Sectors

This is definitely one of their most clever ideas. A few months ago, the DHS Private Sector Office started a project to gather all the training, publications, guidance, alerts, newsletters, programs, and services available to the private sector from across the department.  The idea was to centralize all this information and publish it in a catalog for its private sector partners, providing them direct lines of access to critical resources at DHS – such as a contact in the Intelligence and Analysis Private Sector Partnership Program, or to read the latest on this blog - the Private Sector Resources Catalog was to be a "white pages" of sorts where partners in academia, the non-profit world, NGOs, and the business sector could find at-a-glance information on any topic or office within DHS.

The resulting product turned out to be a really good resource with value for both the private and public sectors.  The catalog provides information, contact numbers, email addresses and websites for almost every program, office, and component within DHS:

• DHS Private Sector Office
• Private Sector Resource Catalogue
• Homeland Security "Centers of Excellence"

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Client Alert

For those of you who might have missed our recent Healthcare Client Alert, we link here: https://archive.constantcontact.com/fs014/1101208802638/archive/1103451999479.html

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ICE Issues Internal Guide on Inspections and Penalties

ICE has released a partially redacted version of its official I-9 inspection and penalty guide which is used by ICE Special Agents and Forensic Auditors during an I-9 investigation. The memo, previously classified as "Law Enforcement Sensitive" was obtained courtesy of the American Immigration Lawyers Association (AILA) after repeated requests and threatened litigation. The guidance was initially drafted on May 28, 2008; revised on November 25, 2008; and then revised again on July 13, 2009. Since that time, ICE has also publicly posted its Form I-9 Inspection Overview (December 2009) and New Enforcement Strategy (April 2009), which incorporate many of the same instructions and overall process.

USCIS Releases Executive Summary on I-9 Listening Session

For those of you who participated on the Listening Session conference call, USCIS has released the Executive Summary follow-up and recap of the call.  In the Summary, links are provided to a List of Federal Contractors that are enrolled in the FAR E-Verify Program, a link to the revised FAQ’s that can be found on the same page under links and resources.

A Self-Check Initiative will be introduced in December. This initiative will enable anyone to go to the website and run a verification query on him/herself and determine the accuracy his/her government record.

E-Verify Redesign – Launching June 13th

Big changes are coming to E-Verify in June that will enhance its usability, security, accuracy and efficiency. The USCIS has announced that its newly redesigned E-Verify web interface will go live on June 13, 2010. As previously reported, the new E-Verify look (internally called E-Verify 3.0) promises to offer "a clean and modern design, easy and intuitive navigation, and clear and simple language.  A new home page, a new case alerts feature, improved case management and a streamlined tutorial are among the dozens of improvements coming to E-Verify.

Check out the new E-Verify Redesign section of the website to learn more about what’s coming and what E-Verify users can do to prepare.

ICE Changes four I-9 Substantive Violations to Technical Violations

ICE Confirms Employers Have Ten Days To Correct Technical Violations

Tracker I-9 reports that employers have 10 days to correct non-substantive, technical violations after an ICE audit. ICE confirmed this policy in a recent meeting with representatives of the American Immigration Lawyers Association. According to Tracker, in response to questions by AILA, ICE confirmed that penalties were still based on INS guidance from the late 1990s, which categorized I-9 errors into two groups: substantive verification failures, which are not subject to the ten-day correction period, and technical or procedural verification failures, which may be corrected. 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 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 10 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.

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CBP (Customs & Border Protection)/TSA Release Joint Travel Tips

Highlights:

• U.S. citizens traveling abroad must have approved travel documents when returning home.
• The Western Hemisphere Travel Initiative requires U.S. and Canadian citizens, age 16 and older to present a valid, acceptable travel document that denotes both identity and citizenship when entering the U.S. by land or sea. U.S. and Canadian citizens under age 16 may present a birth certificate or alternative proof of citizenship when entering by land or sea.
• All VWP countries are now required to have an approved Electronic System for Travel Authorization prior to boarding a carrier to travel by air or sea to the U.S. under the VWP. CBP continues to facilitate the entry process for Visa Waiver Program travelers into the U.S. by implementing the Electronic System for Travel

For more information: https://www.cbp.gov/xp/cgov/newsroom/news_releases/national/05272010.xml

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In closing, Immigration Compliance Group 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, healthcare, arts & entertainment sectors, amongst others. Our services include complex business visas for investors, multinational managers, and outstanding individuals in science, business, education, athletics and entertainment, as well as PERM Labor Certification. We additionally provide employer compliance consulting services on proper I-9 (Employment Eligibility Verification) auditing, training and the development of compliance policies and regulations. We offer these services, as well, to government contractors and advise on FAR E-Verify enrollment and compliance issues.

We look forward to designing an immigration program for you that uniquely meets your specific needs and requirements.