Report Finds E-Verify Fails to Detect 54% of Unauthorized Workers

According to the Wall Street Journal, an independent report commissioned by the Department of Homeland Security (DHS) found that E-Verify, the federal electronic employment verification system, may be failing to detect 54% of unauthorized workers processed. According to the 338-page report (pdf), E-Verify experienced difficulty confirming that workers’ identities were their own. The purported reason: identity theft.

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Chile: U.S. State Department Revises Travel Alert

In its revised Travel Alert on Chile, the State Department is advising U.S. citizens to avoid tourism and non-essential travel to Chile due to the February 27 earthquake’s aftermath. It has further advised Americans in Chile to apprise friends or family of their well-being via telephone or Internet.

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Bill Would Grant Two-Year Visa to Entrepreneurs with U.S. Investor Backing

Senators John Kerry (D-MA) and Richard Lugar (R-IN) have introduced the StartUp Visa Act of 2010 (S. 3029), which would create a new visa category (EB-6) for foreign entrepreneurs. Foreign entrepreneurs would qualify for a two-year visa upon demonstrating that a qualified U.S. investor will dedicate at least $250,000 to his or her startup venture. Moreover, permanent resident status would be available to EB-6 visa holders after two years upon demonstration that the startup has:

  • created five full-time jobs in the United States (excluding employment of the entrepreneur’s spouse or children); and
  • secured $1 million in additional investment capital; or
  • generated $1 million in revenue.

The bill has been referred to the Senate Judiciary Committee.
 

Global: Increase in Use of Trusted Traveler Programs

Over the past few years, the number of individuals using “trusted traveler” programs has increased, reports USA Today. These programs offer members the ability to expeditiously clear customs. The membership fee runs from $50 to $122.50 depending on the program, and membership lasts for five years. To qualify, applicants must pass a government-run background check (including fingerprint submission), a process that takes four to six weeks. Individuals with criminal records or who have violated immigration laws are ineligible.

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House Bill Would Impose Criminal Penalties for Employing Unauthorized Aliens

This week, Rep. Frank Kratovil (D-MD) introduced the “Criminal Penalties for Unauthorized Employment Act of 2010” (H.R. 4627). The bill amends section 274A of the Immigration and Nationality Act (8 U.S.C. § 1324a(e)(4)(A)) by establishing criminal penalties—and increasing the existing civil penalties—that can be levied against individuals with “hiring authority” who employ unauthorized aliens.

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Mexico: New Passport Requirement Takes Effect March 1

The Monitor reports that, beginning March 1, 2010, foreign visitors will need a passport to enter Mexico. The requirement will not apply to visitors traveling to one of Mexico’s border cities, e.g., Reynosa or Nuevo Progresso, and who visit only the border area. However, visitors traveling beyond the border area will need to show their passport to immigration officials. For Americans and Canadians traveling beyond border regions, a tourist card will be required (at no cost for a visit of up to seven days, or approximately $20 for a six-month tourist card).

United Kingdom: Revised Guidance Issued for Points-Based System Sponsors

The UK Border Agency (UKBA) has issued revised guidance documents for employers and education providers holding sponsor licenses under the country’s points-based immigration system. The revised guidance documents provide information for sponsors under Tiers 2, 4 and 5, and may be downloaded from the UKBA website.

Arizona Senate Passes Bill that Would Tighten Immigration Enforcement

AZCapitolTimes.com reports that Arizona’s senate, by a party-line 17-13 vote, passed a broad, immigration-focused bill covering a wide range of topics including law enforcement procedures, criminal law, and traffic congestion. The bill would:

  • require police officers to make a reasonable attempt to determine a person’s immigration status when “practicable;”
  • allow illegal immigrants to be charged with trespassing;
  • make it unlawful for anyone seeking work, regardless of their immigration status, to enter a vehicle stopped on the street;
  • penalize drivers who impede traffic in an attempt to hire a day laborer;
  • prohibit state and local governments from adopting policies that restrict the enforcement of immigration laws; and
  • require state and local governments to comply with, and assist in enforcing, federal immigration laws.

The bill now moves to Arizona’s house of representatives for consideration.

DOL Adopts Final Rule on H-2A Temporary Agricultural Employment

The U.S. Department of Labor has published a final rule (pdf) in the Federal Register concerning temporary agricultural employment of foreign laborers under the H-2A visa program. The final rule:

  • amends regulations governing certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment;
  • amends regulations concerning the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers; and
  • provides for enhanced enforcement under the H–2A program requirements to ensure that workers are appropriately protected when employers fail to meet their obligations under the program.
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USCIS to Issue Revised Notices of Approval for Forms I-129 & I-539

U.S. Citizenship and Immigration Services announced that approximately 500 Notices of Approval (Form I-797) issued between January 20 and January 27, 2010 contained incorrect or missing information. The deficient notices were sent to applicants who had submitted a Form I-129 (Petition for Nonimmigrant Worker to Come to U.S. to Perform Services or Labor) or a Form I-539 (Application to Extend/Change Nonimmigration Status).

The agency has started mailing revised notices and advises recipients not to attempt to use deficient notices. Recipients can contact USCIS if they believe a notice contains missing or incorrect information, or should a revised notice not be received.