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December 22, 2009
H-1B Cap Reached
USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2010 that are received after December 21, 2009. USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on December 21, 2009.
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December 14, 2009
H-1B Visas Nearing Limit
As of December 10, 2009, approximately 62,500 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
As the numbers are close to reaching the limit, employers are advised to file their H-1B cap-subject cases as soon as possible. Please see the USCIS website at http://www.uscis.gov for the latest information on the H-1B cap count.
Please contact Rose Carson Kaplan Choi & White, LLP at 650-617-8888 to assist you with petitioning for H-1B workers as soon as possible, before the quota limit for H-1B visas is reached.
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November 19, 2009
U.S. Immigration and Customs Enforcement Intensifies I-9 Inspection Activity
On November 19, 2009, U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton announced the issuance of Notices of Inspection (NOIs) to 1,000 employers, alerting suspect business owners that ICE will audit their hiring records to determine compliance with employment eligibility verification laws. "ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces," said Assistant Secretary Morton. "We are increasing criminal and civil enforcement of immigration-related employment laws and imposing smart, tough employer sanctions to even the playing field for employers who play by the rules."
ICE has also released guidance on Form I-9 inspections and civil fines, outlining the process of an I-9 inspection and specifying five factors that ICE considers during the course of the inspection and when determining a recommended fine.
Monetary penalties for knowingly hiring and continuing to employ unauthorized workers in the U.S. range from $375 to $16,000 per violation, with repeat offenders receiving penalties at the higher end. Penalties for substantive violations, which includes failing to produce a Form 1-9, range from $110 to $1,100 per violation. In determining penalty amounts, ICE considers the following five factors: 1) the size of the business; 2) good faith effort to comply; 3) seriousness of violation; 4) whether the violation involved unauthorized workers; and, 5) history of previous violations.
Please contact our office for more information on how Rose Carson Kaplan Choi & White can assist your office by conducting an internal audit of I-9 records.
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August 10, 2009
Government Expands Enforcement Efforts
In July the U.S. Immigration and Customs Enforcement (ICE) launched a new audit initiative by issuing Notices of Inspection (NOIs) to 652 businesses nationwide -- more than ICE issued throughout all of last fiscal year. Then, last week, the Office of Fraud Detection and National Security (FDNS), with over 500 employees throughout the country, indicated a new focus on field investigations of employers that have filed petitions with USCIS. These investigations can take place while petitions are pending, or after petitions have been approved.
With these stepped up enforcement efforts of ICE and FDNS, and continuing Labor Condition Application (LCA) audits by the U.S. Department of Labor (DOL), employers must be very diligent to ensure that proper procedures are in place and staff is properly trained.
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February 13, 2009
In the Recovery and Reinvestment Act of 2009, commonly known as the "Stimulus Bill", the House of Representatives included strict new limitations on compaines receiving Troubled Asset Relief Program (TARP) bailout funds in hiring foreign natinals on H-1B visas. The limitations are so restrictive as to make it infeasible for companies who have received TARP funds to hire foreign nationals on H-1B visas for the next two years.
In the same bill, an amendment to expand and accelerate e-Verify requirements to a broader range of US employers was defeated.
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August 8, 2008
US Consular Update
Effective August 8, 2008, US Consular Posts will receive all official communications related to domestically - filed immigrant visa cases that are processing at overseas posts through the National Visa Center (NVC). In July 2007, the Consular Affairs of the State Department and US Citizenship and Immigrant Services agreed to designate NVC as the central clearinghouse for all official U.S. Citizenship and Immigration Services (USCIS) Immigrant visa related communications to posts. Such posts will no longer receive Immigrant Visa petition-related notifications, petitions or cables, directly from USCIS. NVC provides central pre-processing and a central point of contact for Immigrant Visa case tracking for all concerned parties: USCIS, petitioners, beneficiaries, as well as overseas posts.
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USCIS 2007 UPDATES
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