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Driven by a high unemployment rate, The Times is reporting that British Home Secretary Jacqui Smith has altered the rules regarding overseas job advertisements. Under existing rules, employers are required to advertise a job vacancy for up to two weeks in the UK before advertising overseas. Now, however, employers will also be required to advertise openings for skilled workers in the JobCentre Plus network. The new rules are intended to help fulfill Prime Minister Gordon Brown's controversial promise in 2007 to keep 

British jobs for British workers.
 

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New regulations governing the Temporary Foreign Worker Program in Canada have gone into effect. As of January 1, 2009, Canadian employers seeking to hire foreign workers must meet minimum advertisement requirements for the position established by the department of Human Resources and Skills Development Canada (HRSDC). The minimum advertisement requirements for a particular position are based on the National Occupational Classification (NOC) system. More information about the nature and scope of the requirements is available here.

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The Department of State has released its Visa Bulletin for February 2009. The bulletin reports employment based third preference (EB-3) visas as oversubscribed, while the employment based second preference level (EB-2) is current for all areas of chargeability except for China and India.

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As reported at Personneltoday.com, Chartered Institute of Professional Development (CIPD) chief economist John Philpott has recommended further restrictions on migration into the UK during the economic downturn. Philpott suggested that the points-based system should be tightened up to slow the arrival of non-EU workers. Under the points-based system, foreign workers wishing to work in the UK accrue points according to their qualifications, previous earnings, age and UK experience. The government can adjust the number of points required for entry to the UK.

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The effective date of the E-Verify federal contractor regulation has been pushed back yet again – it has now been delayed until May 21, 2009. (See our previous blog post for more information about the original compliance deadline). The E-Verify federal contractor rule requires certain federal contractors to use E-Verify to check the work authorization of employees assigned to federal contracts, as well as new hires. Continue reading Littler's ASAP, Effective Date of Federal Contractor E-Verify Regulation Pushed Back to May 2009, by Jorge Lopez, Joshua Roffman and Lisa Cottle.

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The Telegraph (UK) reports that The Borders, Immigration and Citizenship Bill, expected to take effect in April 2009, will levy an “immigration tax” of approximately US$30 upon entry into the UK on a visa, to go into a “transitional fund” to help deal with the impact of immigration. The bill also will introduce the concept of “probationary citizens” for migrants who want to settle in the UK: after five years’ residency, an applicant enters a probationary period, the length of which will depend on contributions the applicant has made to society, such as volunteer or community work.

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While analysts still see strong economic reason to continue the inward flow of workers to Australia, the government is rethinking its policies regarding skilled migrants as the nation’s jobless rates rises. As reported in The International Herald Tribune, Australia’s Labor government has said that it would review its migrant intake, and the immigration minister, Chris Evans, has said that cuts would be modest at first but will continue to take into account any changes in public opinion.

The global economic downturn could be a rare opening for Australian businesses to attract top talent and fix skill shortages that have been a longstanding national issue. Stephen Roberts, an economist at Nomura, commented:

There's going to be an extraordinary pool of experienced people looking for work and a real chance for Australia to fill gaps in sectors like health and engineering, which are crying out for them.
 

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Australia’s Department of Immigration and Citizenship (DIAC) has replaced the visa labeling system with an online verification system, which is accessible by visa holders as well as by employers and other organizations. The Visa Entitlement Verification Online (VEVO) service allows Australian visa holders to check, free of charge, the status of their visas online. Due to the new system, DIAC will no longer issue paper labels for passports for Australian visa holders, and additional information regarding each visa (such as visa conditions) can be provided online and in a secure environment.

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A bill that would amend section 274A(e)(4)(A) of the Immigration and Nationality Act to substantially increase employer penalties for violations was introduced last week by Rep. Sue Wilkins Myrick (R-NC). The 10k Run for the Border Act (H.R. 588) would increase the fines for knowingly hiring or recruiting an undocumented worker, or continuing to employ an illegal alien when the employee’s legal status changes or becomes known. Continue reading entry on Littler's Washington DC Employment Law Update blog.

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A press release issued by the office of Senator Barbara A. Mikulski (D-Md.) states that Senator Mikulski, along with Senator Benjamin L. Cardin (D-Md.) and Congressman Frank M. Kratovil, Jr. (D-Md.), sent a letter to the Department of Labor and the Department of Homeland Security urging them to “use all means necessary” to protect small businesses throughout the country so they can keep their doors open this year. The reason for their concern is that, as of January 8, 2009, the U.S. Citizenship and Immigration Services (USCIS) had already received enough applications to exceed the cap for H2B visas for the second half of fiscal year 2009.

Senator Mikulski said,

Companies in Maryland and around the country are unable to get the H2B visas, and workers, that they need and depend on because of bureaucratic slowdowns. Small and seasonal businesses are counting on us. We need this problem resolved quickly so we can reward people who are playing by the rules, instead of letting them down.
 

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The Guardian reported that Great Britain’s Labour Party will seek a revision of the international convention on refugees, on the grounds that it predates mass migration and leads to abuse of the asylum system. Immigration Minsiter Phil Woolas said he wanted to start a debate about the 58-year-old convention which protects individuals' rights to asylum from state persecution. French president Nicholas Sarkozy has made a similar proposal. Woolas said:

The Geneva convention was intended to protect individual people from persecution. A significant number of people who claim asylum are doing so for broadly economic reasons. So I think it is right we look at the framework, as indeed other European countries are doing.

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Vietnamese information service Quan Doi Nhan Dan reported on the January 2009 visit to Vietnam by Australia’s Minister for Immigration and Citizenship, noting that the visit and the signing of the MoU signal stronger cooperation between Australia and Vietnam on immigration issues. This was the first visit to Vietnam by an Australian immigration minister since 2004.

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Indiana state senator Mike Delph has introduced S.B. 580, legislation that he calls "one of the toughest illegal immigration bills in the country." If passed, S.B. 580 would:

• prohibit Indiana employers from knowingly hiring unauthorized aliens
• provide escalating penalties for violations of the act
• establish an affirmative defense if an employer complied in good faith with federal employment verification requirements

The bill is a modified version of legislation that was submitted last year, and is expected to be heard by the Senate Committee on Pension and Labor in early February.

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The Department of Homeland Security (DHS) has announced that upgraded biometric technology, now at major US ports of entry, should make the entry process for international visitors faster and more accurate.  The DHS upgraded its biometric technology from a two- to a 10-fingerprint collection standard in 2007.

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Immigration talks between France and Mali collapsed on January 8 after Mali refused to sign a bilateral accord, according to Yahoo! News. Negotiations collapsed despite France having made "many concessions," such as agreeing to increase the number of Malian immigrants authorized to work in its territory. Of the 120,000 Malians in France, only 45,000 live there legally.

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Under the United Kingdom’s new Employer Sponsorship system (in place since November 27, 2008), employers must register for a license in order to employ non-European Economic Area migrants. The UK Border Agency announced that 4,875 employers in the UK have registered as sponsors as of January 5, 2009.

According to the Border Agency, the new system:

• ensures only those skilled migrant workers who are needed can enter the UK;
• introduces tough criteria requiring employers to prove a resident worker doesn't want the job before offering it to a foreign worker; and
• is flexible, meaning that the bar can be raised or lowered according to the needs of the labor market and the country as a whole.

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VOANews.com reports that the cities of Shanghai and Guangzhou are offering significant incentives to attract overseas Chinese and foreign professionals to fill high-level jobs. Shanghai will offer tax incentives to overseas professionals who agree to work at financial institutions in the city. Guangzhou, in southern coastal China, is offering cash incentives to mid- and upper-level professionals from overseas: the city has a $30 million fund to attract top talent in the manufacturing, technology, trade and finance sectors.

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Under Australia’s 176 visa scheme, migrants seeking permanent residence and who are unable to pass the immigration points test for independent migration are sponsored either by an eligible family member or by the government of an Australian state or territory. States sponsor the residence application of a migrant, in exchange for a commitment to live in the state for at least the first two years after migrating to Australia. Each state keeps a list of occupations deemed eligible for sponsorship.

Victoria has announced significant changes to its eligibility list  for the 176 visa, effective from January 12, 2009. This action reflects the changing labor market in Victoria, Australia’s second-most populous state. Off the list are many traditional occupations such as teachers, accountants, and several trades. Occupations new to the list include various engineering jobs, geologists, dental technicians, and social workers.

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On January 8, 2009, US Citizenship and Immigration Services (USCIS) announced that it had reached the congressionally mandated H-2B cap for the second half of Fiscal Year 2009. Accordingly, January 7, 2009 was the “final receipt date” for new H-2B worker petitions requesting employment start dates prior to October 1, 2009. USCIS states that it will reject petitions for new H-2B workers seeking employment start dates prior to October 1, 2009, that arrive after January 7, 2009.

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A new bill introduced in the House by Rep. David Dreier (R-Calif.) would significantly increase fines and jail time for employers who knowingly hire illegal aliens or fail to verify their employment eligibility using a new procedure outlined in the bill. The Illegal Immigration Enforcement and Social Security Protection Act of 2009 (H.R. 98) increases penalties for each hiring offense of up to $50,000, up from fines ranging between $275 and $16,000 under current law. Offending employers could also be liable for deportation costs. In addition, employers would face jail sentences of up to five years per offense, up from the current maximum six-month sentence. The bill likewise authorizes the Secretary of Homeland Security to bring a civil action against an employer who fails to pay the assessed penalty. Continue reading entry on Littler's Washington DC Employment Law Update blog.

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Today, Arkansas state representative Bill Sample introduced H.B. 1093, the "Arkansas Taxpayer and Citizen Protection Act of 2009" -- a bill nearly identical to Oklahoma's H.B. 1804, which passed by an overwhelming majority in 2007. Read our earlier blog post for background on H.B. 1093.

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The federal government has agreed to delay the effective date of the E-Verify federal contractor regulation announced in November until February 20, 2009. The delay raises the question of whether President-elect Obama will add the regulation to his rescission list once he takes office.
 

For more information on this development, see Littler ASAP: Effective Date of E-Verify Federal Contractor Regulation Postponed Until February 20, 2009 by Jorge R. Lopez, Lisa A. Cottle and Joshua S. Roffman.

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The 2008 year-end report on the federal judiciary (pdf), written by Chief Justice John G. Roberts Jr., noted that filings concerning criminal charges in immigration cases jumped by 27%, to more than 21,000.  This growth resulted mostly from filings addressing improper reentry by aliens and filings involving fraud and misuse of visa or entry permits in the five southwestern border districts.

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A study by Migrationwatch UK found that, although the number of people working in the UK rose by 1.34 million from 2001 to 2008, the number of British-born workers in employment fell by 62,000 over that same period. The number of migrant workers from Eastern Europe increased by half a million. These figures are being used to argue that Prime Minister Gordon Brown's policy of "British jobs for British workers" is failing to meet its goals.

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The Arkansas Democrat Gazette reports that Arkansas state representative Bill Sample plans to introduce a bill requiring, in part, verification of Social Security numbers prior to the issuance of employee identification cards. Rep. Sample made the following comments about the bill:

It will establish proper guidelines for the issuance of identification cards and documents. ... We're trying to define who can give out identification cards and what those ID cards would state. We don't want those phony ID cards to go out. ... If you give them an ID card, you're responsible to do a little due diligence and make sure that person is in the state legally.

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Wyoming lawmakers are considering immigration legislation that would eventually require all Wyoming employers to participate in E-Verify. Under H.B. 0103, all employers would be required to participate in E-Verify not more than three years after the effective date of the act. 

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Senator Brad Ashford has introduced L.B. 34, the "Nebraska Fair and Legal Employment Act." The bill would, among other things, require all employers to participate in E-Verify by 2011.

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In the wake of the 2008 elections, the Immigration Policy Center issued a report titled The New Electoral Landscape and What It Means for Immigration Reform: Latinos, Asians, and New Americans Redefine 21st Century American Politics (pdf) analyzing voter turnout and voting patterns among Latinos, Asians, and “New Americans.”   Highlights of the report include the following findings:

• Latinos are a rapidly growing share of the electorate
• Republicans are losing ground among both Latino and Asian voters
• From 2004 to 2008, Republicans lost ground with Latinos in key states
• Even a small Latino electorate can make the difference between victory and defeat in a close election
• Obama won the overwhelming majority of Latino and Asian votes
• Voters in general, as well as Latinos, support comprehensive immigration reform and oppose deportation-only policies

The report concludes:

“Latino, Asian, and New American voter turnout was at an all-time high in 2008. The power of these voters is now undeniable, and immigrant-bashing has become a losing campaign strategy. All signs indicate that the incoming administration and Congress will tackle immigration reform, and that the leadership of the Republican Party is rethinking its position on the issue.”
 

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On January 6, 2009, Senator Harry Reid (D, NV) introduced S. 9, the "Stronger Economy, Stronger Borders Act of 2009" (SESBA), a bill "to strengthen the United States economy, provide for more effective border and employment enforcement, and for other purposes."

In its current form, the bill is a placeholder for comprehensive immigration reform legislation. The introductory remarks of Senator Patrick Leahy (D, VT), however, provide additional insight into the nature and scope of the legislation. Sen. Leahy stated in part, as follows:

Mr. President, as we begin the 111th Congress, we will try, once again, to enact comprehensive immigration reforms that have eluded us in the past several years. With an administration that understands the critical necessity of meaningful reform and that understands the policy failures of the last 8 years, I am hopeful that the new Congress can finally enact legislation consistent with our history as a nation of immigrants.

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According to an Associated Press pre-session survey, a majority of participating Nebraska state legislators support tough policies on illegal immigration. Measures favored by the lawmakers include requiring employers to use the federal employment verification system, E-Verify. See the complete story in the Columbus Telegram.

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