Corporate Immigration Law News

• 26Jun

  “New” Form I-9 Remains Effective Despite June 30 Expiration Date

  I-9 Compliance Comments Off on “New” Form I-9 Remains Effective Despite June 30 Expiration Date

  U.S. Citizenship and Immigration Services (“USCIS”) announced today that the Employment Eligibility Verification form I-9 (Rev. 02/02/09) currently on the USCIS Web site will continue to be valid for use beyond June 30, 2009.

  USCIS has requested that the Office of Management and Budget (“OMB”) approve the continued use of the current version of Form I-9. While such request is pending, the Form I-9 (Rev. 02/02/09) will not expire.

  USCIS will update the Form I-9 when the extension is approved. While USCIS advises that Employers can use either (i) the Form I-9 with the new revision date or (ii) the Form I-9 with the 02/02/09 revision date at the bottom of the form, to avoid unnecessary confusion in the future, we recommend using the Form I-9 with the updated expiration date upon its release.

  Click here for a copy of the “new” Form I-9 (Rev. 2/02/09).

  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.

• 18Jun

  Interim Relief Granted For Widow(er)s of U.S. Citizens

  Green Card News Comments Off on Interim Relief Granted For Widow(er)s of U.S. Citizens

  On June 9, 2009, U.S. Department of Homeland Security (“DHS”) Secretary Janet Napolitano granted interim relief in the form of “deferred action” for a period of two (2) years to widows and widowers of U.S. citizens—as well as their unmarried children under 18 years old—who reside in the United States and who were married for less than two (2) years prior to their spouse’s death. Deferred action is generally an act of prosecutorial discretion that works to suspend removal proceedings against a particular individual or group of individuals for a specific timeframe.  It does not, however, resolve an individual’s underlying immigration status.

  In connection with this grant of deferred action, Secretary Napolitano has also directed U.S. Citizenship and Immigration Services (“USCIS”) to suspend the adjudication of visa petitions and adjustment applications filed for widow(er)s where the sole reason for reassessment of one’s immigration status was the death of their U.S. citizen spouse prior to the second anniversary of their marriage.

  U.S. Immigration and Customs Enforcement (“ICE”) has also been instructed to defer initiating or continuing removal proceedings, or executing final orders of removal against qualified widow(er)s and their eligible children.

  The foregoing directives apply regardless of whether the U.S. citizen filed a petition for the alien spouse before death.

  While this directive provides short-term relief for widow(er)s of deceased U.S. citizens, Congress will need to amend the definition of “immediate relatives” in the Immigration and Nationality Act to permit surviving spouses to remain indefinitely after a U.S. citizen spouse dies, enabling them to seek permanent resident status under the law.

  Of note, individuals granted deferred action may apply for work authorization provided they can demonstrate economic necessity.

• 11Jun

  House Panel Extends E-Verify; Spends Less On Earmarks

  E-Verify System Comments Off on House Panel Extends E-Verify; Spends Less On Earmarks

  The House Appropriations Committee’s Homeland Security Subcommittee unanimously approved a Fiscal Year 2010 spending bill for the Department of Homeland Security (“DHS”), including a provision that would extend the E-Verify program for two years through 2011. Homeland Security Appropriations Subcommittee Chairman, David Price (D-N.C.) said the two-year extension on the E-Verify program was meant to “dovetail” with the “likely timing” for Congress to take up comprehensive legislation overhauling the nation’s immigration laws. Despite the proposed extension, E-Verify has several other hurdles to overcome in Congress, including the Senate, before it becomes law.

  This Congressional action comes in the wake of the Obama administration’s decision to postpone the effective date of mandatory E-Verify for federal government contractors and subcontractors for a fourth time, this time from June 30, 2009 until September 8, 2009. The delay comes, in part, as special interest groups are challenging the mandatory requirement of E-Verify in federal court. Led by the U.S. Chamber of Commerce, a coalition of special interest groups filed suit against the federal government in December 2008 seeking to prevent the final rule from taking effect. Due in part to the ongoing litigation, the Obama administration has chosen to postpone the implementation of the final rule, citing the same reason to justify the delay, namely, “to permit the new Administration an adequate opportunity to review the rule.”

  Of note, E-Verify was not the only issue tackled by the House Subcommittee this week as it allocated nearly $42.6 billion in discretionary funds for DHS for FY 2010. For reference, $42.6 billion is about 6.5% more than the current year’s spending and about 1% less than the Obama administration had requested. The bill, if passed, will allocate U.S. Customs and Border Protection (“CBP”) about $10 billion, $82 million less than requested, whereas U.S. Immigration and Customs Enforcement (“ICE”) will receive $5.4 billion, $30 million less than requested. Notably, the bill directs ICE to spend $1.5 billion on finding and deporting illegal immigrants who have committed serious crimes; a trend by appropriators over the last two years to target criminal illegal immigrants.

  Click here to view the summary table for the fiscal 2010 DHS spending bill (PDF)

  Should you have any questions regarding your Company’s present obligations with respect to E-Verify, or what, if anything, your Company should be doing to prepare for the potential of mandatory E-Verify, please do not hesitate to contact us.

• 03Jun

  Effective Date For Mandatory E-Verify For Federal Contractors Postponed To September 8, 2009

  E-Verify System Comments Off on Effective Date For Mandatory E-Verify For Federal Contractors Postponed To September 8, 2009

  For a fourth time this year, the effective date of the E-Verify requirement for federal government contractors and subcontractors is expected to be delayed, this time from June 30, 2009 until at least September 8, 2009. An official notice from the Department of Homeland Security is expected to follow later this week.

  The delay is said to give the Obama administration additional time to review the regulation, which was originally scheduled to be implemented on January 15, 2009 after the Department of Homeland Security (“DHS”) designated E-Verify as the employment eligibility verification system for federal contractors.

  While traditionally a Federal issue, several state governments (and more recently, even local governments) have taken employment verification into their own hands. By way of example, on May 29, 2008, the South Carolina Legislature passed the South Carolina Illegal Immigration Reform Act (the “Act”). In short, the Act requires “eligible” employers [those which contract with state agencies] to either (i) register with the Federal E-Verify system or (ii) employ only workers with a valid South Carolina Driver’s license or an out-of-state driver’s license with license requirements deemed acceptable by South Carolina’s Division of Motor Vehicles. Mississippi and Rhode Island have enacted similar statutes and at least nine (9) other states have passed some type of legislation requiring public contractors to comply with the Federal E-Verify program.

  Should you have any questions regarding your Company’s present obligations with respect to E-Verify, or what, if anything, your Company should be doing to prepare for the potential of mandatory E-Verify, please do not hesitate to contact us.

• 13May

  The Legacy LCA Online System Will Remain Operational For LCA Submissions Through June 30, 2009 (extended from May 15, 2009)

  DOL News Comments Off on The Legacy LCA Online System Will Remain Operational For LCA Submissions Through June 30, 2009 (extended from May 15, 2009)

  The Department of Labor (“DOL”) has recently advised that it will keep the “legacy” or “old LCA system” operational through June 30, 2009.  The decision to keep the legacy LCA system operational was based on DOL’s interest in fixing glitches in the new system while providing users additional time to become familiar with the new iCert System.

  Before this announcement, the use of the DOL’s new iCERT portal for LCA submissions was to become mandatory as of May 15, which, consequently, would have disabled the legacy LCA Online system as of that date.

  The iCert System is a new, one-stop visa portal system, implemented by the Office of Foreign Labor Certification (“OFLA”) to improve employer access to employment-based visa application services.  Effective April 15, 2009, employers or their authorized representatives became eligible to register with the iCERT System and establish a single account to file the new ETA Form 9035E – Labor Condition Application (“LCA”) covering the H-1B, H-1B1, and E-3 visa programs.

  If you are experiencing difficulties with the iCert Portal, please feel free to contact us or reach out to the DOL’s Help Desk at the Chicago National Processing Center by sending an email to lca.chicago@dol.gov.

• 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.

« Previous Entries   Next Entries »