Corporate Immigration Law News

• 24Apr

  Tune In For The First Senate Judiciary Committee Hearing On Comprehensive Immigration Reform on April 30!

  Immigration Reform Comments Off on Tune In For The First Senate Judiciary Committee Hearing On Comprehensive Immigration Reform on April 30!

  As recently reported by The National Immigration Forum, Senator Charles Schumer (D-NY), who now serves as Chair of the Immigration Subcommittee in the Senate, announced that he will begin hearings on comprehensive immigration reform next week. The first hearing, “Comprehensive Immigration Reform in 2009, Can We Do It and How” will be held on April 30.

  The witnesses for this hearing will include: J. Thomas Manger, Chief of Police, Montgomery County, MD and currently the Director, Major Cities Chiefs Association; Alan Greenspan, Former Chairman, Federal Reserve; Dr. Joel Hunter, Senior Pastor, Northland Church (Longwood, FL); Doris Meissner, Former Commissioner, U.S. Immigration and Naturalization Service; and Eliseo Medina, Executive Vice President, Service Employees International Union.

  The National Immigration Forum advises that you may listen in on the hearing by going to the following page on the Senate Judiciary Committee’s Web site and clicking on “Webcast.”

  Check back for more information and periodic news updates on the issues surrounding the Comprehensive Immigration Reform debate.

• 21Apr

  President Obama Reaffirms Support For Comprehensive Immigration Reform With Latin American Presidents

  Immigration Reform Comments Off on President Obama Reaffirms Support For Comprehensive Immigration Reform With Latin American Presidents

  Over the weekend, at the Summit of the Americas, President Obama reaffirmed his commitment to follow through on his campaign promise to reform our dysfunctional, antiquated U.S. immigration system. 

  According to the Latin American Herald Tribune:

  On the immigration issue, which completely dominated the meeting, the leaders also discussed matters such as the possibilities for ensuring family reunification, quotas for agricultural jobs and the fight against drug trafficking, all within a friendly atmosphere amid which the leaders agreed in general terms on almost everything they talked about.

  Before leaving for the Summit, President Obama told Univision anchor Jorge Ramos:

  …I am absolutely going to keep my promise that I am going to push for comprehensive immigration reform, I already met with the Congressional Hispanic Caucus, reaffirmed my commitment.  My administration and key congressional leaders are already beginning the work of how do we shape a package that could have the opportunity of getting through both the house and the senate…

  Stay tuned for the latest developments in the movement towards achieving comprehensive immigration reform in the United States.

• 15Apr

  More On The Trail Toward Comprehensive Immigration Reform

  Immigration Reform Comments Off on More On The Trail Toward Comprehensive Immigration Reform

  The nation’s two major labor federations, the A.F.L.-C.I.O. and Change to Win, have reportedly agreed, for the first time, to jointly support comprehensive immigration reform. The support of these labor federations serves as recognition by labor leaders that immigration reform is actually in step with economic recovery and provides further evidence that the momentum for immigration reform is building.  Indeed, both academia and government research are in accord that comprehensive immigration reform would not only pay for itself in the form of increased wages and tax contributions, but would benefit all businesses with the concomitant increase in buying power for those who are currently undocumented.

  Stay tuned for the latest developments evidencing the growing sentiment to fix our broken immigration system.    

• 13Apr

  Our Second Blog, “The H-1B Visa Blog By Siliato and Malyk” Is Officially Launched On ILW.com

  H-1B Visa News Comments Off on Our Second Blog, “The H-1B Visa Blog By Siliato and Malyk” Is Officially Launched On ILW.com

  We are very pleased to announce the recent selection of Meyner and Landis LLP’s Immigration Law Group as a regular contributor to Immigration Law On The Web, the nation’s leading immigration law publisher and news resource for immigration law professionals.  In such capacity, our attorneys will act as sole contributors to “The H-1B Visa Blog by Siliato and Malyk”.  Click here for the latest news on H-1B visa law and policy to open our new blog in a separate window. 

  Important Note: the posts on our second blog will not be duplicated on this blog.  As such, we highly recommend our readers visit both sites on a regular basis for thought-provoking editorials and frequent updates on the myriad issues that arise in corporate and business-related immigration law.

• 10Apr

  President Obama To Focus On Comprehensive Immigration Reform As Early As Next Month

  Immigration Reform Comments Off on President Obama To Focus On Comprehensive Immigration Reform As Early As Next Month

  According to a recent article in the New York Times, the White House has made it clear that President Obama intends to make good on his campaign promise to reform our dysfunctional, antiquated U.S. immigration system during his first year of office. In fact, the New York Times reported yesterday that President Obama “plans to speak publicly about the issue in May” and “over the summer he will convene working groups, including lawmakers from both parties and a range of immigration groups, to begin discussing possible legislation for as early as this fall.”

  White House Chief Of Staff, Rahm Emanuel, reportedly has begun taking “concrete steps” in support of the President’s message for comprehensive immigration reform according to The Wall Street Journal. Recent statements from House Speaker Nancy Pelosi and Senator Harry Reid have also signaled their support for comprehensive immigration reform.

  White House officials have emphasized that a key component of comprehensive immigration reform will be establishing a pathway to legal status for the roughly 12 million undocumented immigrants currently residing in the United States. A well-tailored legalization program would, in fact, bring order and legality to what is now a chaotic and unregulated situation. It is presumed that undocumented immigrants applying for legal status would not only be required to register with the Federal Government, but would also have to meet a number of other requirements, including paying taxes, getting criminal background checks, learning English, and paying a fine for entering the United States illegally.

  Additionally, comprehensive immigration reform may address many of the other flaws and inequities within our current immigration system, including updating Congressionally-mandated limits on corporate and business-related immigrant and nonimmigrant visas based upon the rise and fall of labor needs of our economy [rather than antiquated and arbitrary numerical caps that bear no relationship to labor demand] and reducing of the enormous backlog of applications for family reunifications.

  Finally, comprehensive immigration reform may establish more effective enforcement mechanisms to find individuals who pose a danger to public safety or our national security, as well as targeted measures to enforce the laws against those employers knowingly employing undocumented workers.

  Anticipating opposition to immigration reform, President Obama has sought to shift some of the political burden to advocates for immigrants, by encouraging them to build support among voters for when his proposal goes to Congress.

  In addition to our March 19 visit with a senior staff member of Congressman Donald M. Payne’s office (D.NJ) in connection with the American Immigration Lawyers Association’s National Day Of Action, the Immigration Law Group of Meyner and Landis LLP plans to work with Congressman Payne and others to spread the message about the underlying importance of the White House’s efforts to fix our currently broken immigration system.

• 06Apr

  New Form I-9 Effective Immediately

  I-9 Compliance Comments Off on New Form I-9 Effective Immediately

  As of Friday, April 3, 2009, employers may no longer use prior versions of the Form I-9 Employment Eligibility Verification.  Rather, the revised Form I-9  (Rev. 2/02/09) is now in effect for all U.S. employers (the revision date is printed on the lower right-hand corner of the form). 

  As you will recall from prior blog posts listed below, the interim final rule, published on December 17, 2008, revised the list of documents deemed acceptable for Form I-9 Employment Eligibility Verification. 
   
  Should you have any questions regarding the new form or your Company’s obligations to remain I-9 compliant, please do not hesitate to contact us.

• 02Apr

  EAD Extensions Offered To Qualified Liberian Nationals

  Temporary Protected Status (TPS) Comments Off on EAD Extensions Offered To Qualified Liberian Nationals

  Pursuant to President Obama’s March 20 memorandum to the Secretary of Homeland Security, Janet Napolitano, a Notice was recently published in the Federal Register permitting (i) an automatic six-month extension of employment authorization documents (“EADs”) for Liberian nationals whom deferred enforced departure (“DED”) has been provided, and (ii) a twelve-month extension for certain other Liberian nationals.

  The Notice instructs, inter alia, (i) Liberian nationals covered by DED, and their employers, how to determine which EADs are automatically extended; and (ii) the procedure for individuals covered by DED to file for employment authorization for the full 12-month extension with the U.S. Citizenship and Immigration Services (“USCIS”). 

  Such Notice was made effective March 30, 2009.

  Who is eligible for the automatic six-month extension of employment authorization?

  According to the Notice, the Department of Homeland Security (“DHS”) is granting automatic six-month extensions of employment authorization to Liberian nationals who are covered by DED as of March 31, 2009.  The six-month automatic extension is effective as of April 1, 2009 and will expire on September 30, 2009.

  To determine eligibility, the automatic extension is limited to EADs issued to Liberians with an expiration date of September 30, 2007 which bear the notation “A- 12”’ or “C-19”’ on the face of the card under “Category.”  The automatic extension also applies to EADs bearing an expiration date of March 31, 2009, and which bear the notation “A-11” on the face of the card under “Category.”

  Who is eligible for extended employment authorization for 12 months?

  President Obama’s Memo extends DED for twelve (12) additional months to individuals who are currently covered by Liberian DED through March 31, 2009. That list includes only those who held Temporary Protected Status (“TPS”) as of September 30, 2007. Such extensions, however, are not available to the following individuals:

  1. Those who would be ineligible for TPS for the reasons provided in Immigration and Nationality Act (“INA”) § 244(c)(2)(B);

  2. Those whose removal the Secretary of Homeland Security determines is in the interest of the United States;

  3. Those whose presence or activities in the United States the Secretary of State has reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the United States;

  4. Those who have voluntarily returned to Liberia or his or her country of last habitual residence outside the United States;

  5. Those who were deported, excluded, or removed prior to March 20, 2009; or

  6. Those who are subject to extradition.

  PLEASE NOTE: If you are covered under DED for Liberia, and would like employment authorization during the 12-month extension of DED, you must apply for an EAD.  Please feel free to contact us for further information and assistance with submitting the appropriate forms and filing fees to USCIS.

• 20Mar

  All H-1B Petitions Filed By Cap Exempt Employers Must Be Filed With The California Service Center

  H-1B Visa News Comments Off on All H-1B Petitions Filed By Cap Exempt Employers Must Be Filed With The California Service Center

  Effective immediately, H-1B Cap Exempt employers filing H-1B petitions (including extension petitions) must file all such petitions with the California Service Center (“CSC”) regardless of jurisdiction. USCIS has further advised that to the extent any such petitions are mistakenly sent to the Vermont Service Center (“VSC”), those petitions will be rejected out-of-hand. (The instructions to the Form I-129 have been amended to reflect same).

  Generally, “Cap exempt” status is restricted to: (i) institutions of higher education, as defined by 20 U.S.C. 1001(a); (ii) nonprofit organizations or entities related to or affiliated with institutions of higher education; and (iii) nonprofit research organizations or governmental research organizations, as defined by 8 CFR 214.2(h)(19)(iii)(C).

  USCIS has further advised practitioners and employers filing such petitions to label the mailing envelope and top margin of the Form I-129 “exempt” to ensure proper identification of the H-1B filing at the CSC.

• 13Mar

  Immigrant Investor (EB-5) Pilot Program Extended To September 30, 2009

  EB-5 Investor Visas Comments Off on Immigrant Investor (EB-5) Pilot Program Extended To September 30, 2009

  In the wake of the passing of the “Fiscal 2009 Omnibus Appropriations Bill”, U.S. Citizenship and Immigration Services (“USCIS”) recently announced that the Immigrant Investor (EB-5) Pilot Program has been extended through September 30, 2009.

  Under the Pilot Program, permanent resident status (based on EB-5 eligibility) is available to investors, either alone or coming with their spouse and unmarried children. Eligible foreign nationals under the Pilot Program are those who have invested – or are actively in the process of investing – the required amount of capital into a Regional Center ($500,000 in an economically depressed areas; $1M otherwise).

  Regional Centers are private and public third party entities that have been approved by USCIS to participate in the program. They enable the pooling of capital for a targeted investment in designated regions of the United States. As such, an Immigrant Investor is not required to oversee the investment nor achieve the requisite job creation as otherwise required for EB-5 eligibility. The Regional Center program thus allows foreign investors to obtain the benefit of their investment, while receiving a green card, without being involved in the day-to-day operations of a U.S.-based business.

  The Pilot Program is a temporary program originally scheduled to expire on September 30, 2008. Congress later extended the program through March 6, 2009, and recently re-extended it through September 30, 2009. As a result of the most recent extension of the Pilot Program, USCIS will continue to receive, process, and adjudicate all Regional Center Proposals and Forms I-526, Immigrant Petitions by Alien Entrepreneurs, and Forms I-485, Applications to Register Permanent Residence or Adjust Status, affiliated with Regional Centers relying on “indirect” job creation analysis.

  At present, there are approximately 45 Regional Centers across the United States. Last year, the Pilot Program spurred nearly $1 billion in foreign investment in the U.S. and created 20,000 jobs.

• 13Mar

  Department Of State Data To Cut Down On Tentative Non-Confirmations In E-Verify

  E-Verify System Comments Off on Department Of State Data To Cut Down On Tentative Non-Confirmations In E-Verify

  In an effort to reduce the number of mismatches, or Tentative Non-Confirmations (“TNCs”), foreign nationals and employers may be relieved to know that last month U.S. Citizenship and Immigration Services (“USCIS”) began incorporating Department of State (“DOS”) passport data into the E-Verify system. 

  Such efforts were prompted by an evaluation of the E-Verify program conducted in September 2007, which confirmed that the system is not without its faults — that foreign-born citizens are more likely to receive mismatch notices, or TNCs, many times in error, prompting an “authorized” foreign worker, or his/her employer, to resolve a mismatch issue unnecessarily.

  With the addition of the DOS data, if the Department of Homeland Security (“DHS”) or the Social Security Administration (“SSA”) is unable to confirm one’s work eligibility immediately through the E-Verify system, USCIS can now crosscheck DOS records prior to issuing a TNC.  If the citizenship information provided on the Form I-9 matches those records, the E-Verify system should confirm that individual’s work authorization. Prior to the recent upgrade, the system would issue a TNC, requiring a potentially authorized worker, or his/her employer, to resolve the mismatch issue.  

  As a result of the incorporation of this information, USCIS reports the numbers of TNCs have been reduced overall.

  As the E-Verify system is clearly not without its faults, business owners and managers should be careful to consider the terms and conditions of the Federal Government’s Memorandum of Understanding before deciding whether to enroll in the E-Verify program.

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