Hints from the USCIS on E-Verify and Forms I-9

On June 1, 2010, the USCIS published its notes from a session it held to gather feedback and input from stakeholders on E-Verify and the Form I-9 program.

There were a few notable points released in this memo:

1)  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/himself and determine the accuracy of his/her government record.  Hopefully, this will allow those individuals who have recently changed their name or their immigration status to verify that the system is correct and solve problems before they are given an abbreviated window by the e-verify system to do so.

2) The Verification Division informed stakeholders that it runs monthly reports to see if companies are running checks outside 3 business days of an employee’s hire date.  This statement confirms our suspicion that the USCIS is using the e-Verify tool to police Form I-9 completion.  This monitoring could expand into other areas and also prompt further audits and investigations.

For further information about worksite enforcement activities, please visit our worksite enforcement portal under the “information” tab.

Does Gov. Brewer really represent America’s opinions?

As numerous media outlets have announced this week, on Friday, April 23rd, Governor Jan Brewer signed a bill that made it a crime to be an undocumented immigrant in the state.   After reading the text of the law, I was shocked that a state legislature AND a governor could enact a piece of legislation so clearly unconstitutional.

What is almost more disturbing than the law itself, is the statistic that one radio show touted: Seventy percent of Americans agree with Arizona’s law.  My question is: what part of the law?  Fixing a broken immigration system?  Yes.  Arresting people with “reasonable suspicion” that they are illegal which will undoubtedly lead to racial profiling?  Not so much.  This law is going to have disasterous consequences on many fronts.  It is true that something needs to be done, but this is a horrible misguided effort.

Jon Stewart offers some humor on a very humorless situation:

Looking for the silver lining, maybe Arizona’s folly will finally breathe life into comprehensive immigration reform.  One can only hope.

H-1B “Numbers Cap” Not Going to Be Reached Soon

The H-1B “season” has begun!  On April 1, 2010, the USCIS began accepting H-1B applications for the 2011 Fiscal Year, which begins on October 1, 2010.  Fortunately, as many of us predicted, in contrast to years past, the 65,000 H-1B “numbers” were not exhausted on the first day, and will probably remain available for awhile to come. 

According to the American Immigration Lawyers’ Association, at a meeting held on Tuesday, April 6, 2010, the USCIS’s Vermont Service Center (which receives cases for Petitioners located on the East Coast) reported that, as of close of business on Monday, April 5, 2010, it had received a total of 9,525 cap-subject H-1B petitions towards the total of 65,000 alotted spaces. Of those petitions, 6,791 were “regular” cap, and 2,734 were for candidates who possess a US advanced degree.

Please note that the numbers quoted above do not include the USCIS California Service Center’s intake, which processes applications for Petitioners located on the West Coast, which has not yet been made available.

We will continue to update you as these figures are made available.

Worksite Enforcement: Employers Beware! USCIS Site Visits, ICE Audits and More

On November 5th, I spoke at the San Francisco Employer Advisory Council about the need for employers to maintain a corporate compliance program that includes aggressive I-9 training for human resource professionals and regular I-9 audits.  In light of an increased budget dedicated to worksite enforcement and aggressive pursuit of criminal penalties for employing unlawful workers, employers are well advised to proactively address internal protocols relating to not only the Form I-9, but also immigration policies, social security “no match” letters, and steps to follw in the event of a government audit .

I am developing worksite enforcement resources that will be available on my website shortly under the “Information” tab.  Please check back soon!

Record Foreign Student Attendance at US Schools

The US Customs and Immigration Enforcement (ICE) announced yesterday that record numbers of foreign students visited the US last year.  The announcement was made in the context of “showcas[ing] the Department of Homeland Security’s (DHS) Open Doors Policy of balancing efforts to secure the nation’s student visa system while preserving the rich tradition of recruiting the best minds from around the world.” 

Last month, I spoke at the Regional NAFSA conference in San Diego about options for foreign students to remain in the US after graduation.  NAFSA is a association of International Educators, and is comprised mainly of international student advisors and staff who work with our international student population.  Although more students are coming to the US to get educated, the possiblities for them to remain in the US and apply the knowledge they gained at our schools are more and more limited.  The US needs workable visas for these highly educated students to spur innovation and promote job creation.  If not, we’ll soon see other countries assume the role of the technology superpower that the US currently holds.

Website Under Construction

Please bear with us while our website re-design takes place.  We hope to furnish you with more tools and information regarding immigration law once the site is up this week.

In the meantime, our contact information remains the same:

Law Office of Melissa Harms
700 Larkspur Landing Circle, Suite 199
Larkspur, California 94939
Tel: 415.945.9600
Fax: 415.651.9602
email: info at harms-law.com

Thanks and keep checking back!