As noted in our previous blog entry, UK Home Secretary, Jacqui Smith, has announced significant changes to UK immigration laws and policies regarding foreign workers and visitors coming to the UK from outside the European Economic Area (EEA). For analysis of this development, please see Littler's ASAP Changes in UK Immigration Rules by Ian R. Macdonald and Shin-I Lowe.
The United Kingdom’s Home Secretary, Jacqui Smith, has announced three significant changes intended to support domestic workers and raise the bar for foreign workers wishing to enter the country. As of April 1, the UK government will:
Home Secretary Smith said:
“Just as in a growth period we needed migrants to support growth, it is right in a downturn to be more selective about the skill levels of those migrants, and to do more to put British workers first.”
The European Parliament has voted in favor of legal sanctions against employers of illegal workers. If formally agreed by EU member state ministers, the rules allowing for sanctions could become effective in 2011. The rules provide for administrative and financial penalties and, in the most egregious cases, criminal sanctions. Currently, only 19 of the 27 EU member states have criminal penalties available for such cases and the penalties differ widely from country to country. As many as eight million illegal workers are believed to be employed in Europe's hotels, farms, homes and other sectors.
The UK Border Agency has temporarily reinstated the skilled worker category for representatives of overseas newspapers, news agencies and broadcasting organizations. The skilled worker category is one of several being deleted as part of the changes to the United Kingdom's immigration system. The reason for the temporary reinstatement is that, although most representatives of overseas newspapers, news agencies and broadcasting organizations will be eligible to apply under tier two of the new points-based system, a small number of individuals may not be eligible because they do not have a sponsor based in the United Kingdom. The Border Agency will introduce a more permanent solution later in 2009 so that representatives whose employers are not established in the United Kingdom can apply under tier two.
President Obama has announced his intention to nominate John Morton to be the Assistant Secretary for Immigration and Customs Enforcement (ICE), and U.S. Department of Homeland Security Secretary Janet Napolitano named Esther Olavarria as Deputy Assistant Secretary for Policy.
Secretary Napolitano said:
John Morton and Esther Olavarria are tremendous additions to our Homeland Security team. Both have demonstrated an extraordinary commitment to public service and both will be able and effective partners as we tackle the very complex issues surrounding immigration and securing of our borders.
As reported at Workforce.com, Rep. Ken Calvert, R-California, who authored the bill that established E-Verify, was unhappy that a provision requiring companies receiving stimulus funding to sign up for E-Verify did not survive in the $787 billion stimulus package. Representative Calvert stated that “there is no assurance that the jobs created will go to American workers,” and asserted that E-Verify was “stripped out of the bill without discussion or debate.” A separate provision, which would have reauthorized E-Verify, also was excluded from the final stimulus package.
Even though E-Verify did not make it into the stimulus package, Congress is likely to find a way to maintain the program (due to expire on March 6, 2009) until it can be addressed as part of a comprehensive immigration bill.
Immigration-related bills are being introduced at a rapid pace. While many of these bills are destined to languish in committee, the sheer volume of immigration legislation introduced by both parties barely two months into the new Congress increases the chance that at least one bill will eventually receive real consideration. The latest bill – Electronic Employment Eligibility Verification and Illegal Immigration Control Act (H.R. 1096) – would amend the Immigration and Nationality Act to create an electronic employment eligibility verification system and a detailed employment verification process, expand the verification system to apply to previously hired individuals, and increase employer penalties for violations, among other things. Continue reading about this bill on Littler's Washington DC Employment Law Update blog
The American Recovery and Reinvestment Act of 2009, signed by President Obama on February 17, imposes limits on the availability of H-1B visas, but the E-Verify amendment proposed in an earlier version of the bill was eliminated from the final version. Continue reading Littler's ASAP, "Besides COBRA: What Does the Stimulus Package Have for Employers," by Ellen N. Sueda, GJ Stillson MacDonnell, Patricia A. Haim, and Chadwick M. Graham.
The nation’s economic troubles have inspired a number of new employment-related bills. One immigration bill seeks to promote hiring Americans by limiting the incentives for illegal aliens to move to the United States to live and work, while another bill would facilitate the hiring of foreign workers under the H-2B guest worker program. Continue reading about these bills on Littler's Washington DC Employment Law Update blog.
H-1B employment visas, widely issued by high-tech companies, have been issued to hundreds of thousands of foreign professionals. As reported in The Seattle Times, the economic downturn is having a dramatic impact on H-1B visa holders, who are "out of status" as soon as losing a job, and must find another employer sponsor in order to regain status. And, with U.S. unemployment rates soaring, employers are under increased pressure to cut their foreign workforce first. This is happening even as employers prepare and submit applications to hire up to 85,000 new H-1B workers nationwide.
Department of Homeland Security (DHS) Secretary Janet Napolitano spoke with National Public Radio reporter Madeleine Brand about her views on federal immigration policy. Topics discussed include enforcement along the border, human trafficking, and criminal sanctions against employers who violate laws.
U.S. Citizenship and Immigration Services (USCIS) Acting Director Michael Aytes issued a memorandum [PDF] responding to the CIS Ombudsman’s recommendations regarding processing delays for Employment Authorization Documents (EADs). The CIS Ombudsman had recommended that USCIS:
• Adhere to regulations that state USCIS shall issue EADs within 90 days, or issue interim EADs to prevent unnecessary loss of employment;
• Expeditiously provide information to the public stating the cause of EAD processing delays and how the delays will be addressed;
• Provide consistent guidance to the public regarding EADs pending more than 90 days; and
• Reconsider Ombudsman recommendation FR2006-25 to issue multi-year EADs.
In his memo, prior to responding to each recommendation in detail, Aytes states:
“We acknowledge that, unfortunately, there is a small percentage of applicants whose cases are not adjudicated timely, and we understand that this imposes a significant burden on them, but we respectfully disagree with the perception that EAD processing, as a whole, is a significant issue.”
The UK government has announced its proposed fee levels for all visa, immigration and nationality applications and services in 2009/10. The press release issued by the UK Border Agency states:
In setting the fees for 2009/10, the Government has continued to take into account the United Kingdom's international competitiveness at a challenging time for the global economy.
A schedule of proposed fees is included in the government’s Written Ministerial Statement.
Australia’s government has released draft regulations outlining new sponsorship obligations for employers of temporary skilled overseas workers who hold Subclass 457 visas. The Subclass 457 visa program is an uncapped scheme driven by market demand for employers to sponsor skilled overseas workers for up to four years.
A panel of industry, union and state government representatives will be assessing the proposed new regulations and will provide feedback to government. Proposed employer obligations to be considered by the panel include:
USA Today reports that the federal E-Verify system is becoming increasingly popular with states, despite the pitfalls and controversies that surround its use. The problems, identified in a report commissioned by the Homeland Security Department, include the following:
Janet Napolitano, new head of the Department of Homeland Security and a strong supporter of E-Verify, has ordered a review of the program, due February 20, 2009.
Senate Bill 23, the "Fair and Legal Employment for Coloradans Act," was killed in the Senate Committee on State, Veterans & Military Affairs. The bill, sponsored by Senator David Schultheis (R- Colorado Springs), would have required employers to participate in the federal E-Verify program. On his website, Sen. Schultheis had the following to say about the bill's defeat :
This bill was killed in State Affairs committee on 2/8 by Democrats on a party-line vote."
The Senate has approved a modified amendment to the massive stimulus bill (H.R. 1) that substantially limits employers that receive Troubled Asset Relief Program (TARP) funds from hiring employees who hold H-1B work visas. This amendment was sponsored by Senators Bernard Sanders (I-VT) and Charles Grassley (R-Iowa). Continue reading on Littler's Washington DC Employment Law Update blog.
The United Kingdom’s Home Office announced the introduction of new visa checks for Bolivia, Lesotho, South Africa, Swaziland and Venezuela after they failed to pass Britain’s strict new visa waiver test. This measure is just one of many the government has enacted to further tighten border security. The visa waiver test reviewed all non-European countries and regions to evaluate the risk their citizens might pose, in terms of illegal immigration, crime and security, by not having to apply for a visa before entering the UK.
UK Immigration Minister Phil Woolas may tighten the immigration points system in order to limit the number of skilled foreign workers entering the UK before the summer, when 400,000 students will be graduating from university. As reported in the Daily Mail, Woolas stated: “The points-based system that has been introduced allows us to toughen the criteria, and clearly in the economic situation that is something it is beholden on us to do.” The plan, dubbed “British jobs for British graduates,” has been under debate for several weeks, and it now goes to Cabinet for discussion.
In comments to a small group of Hispanic journalists, White House Chief of Staff Rahm Emanuel cited a newly signed law that provides health benefits to legal immigrants’ children as a signal that, in the debate over immigration, “the arrow has begun to point in a different direction.” Emanuel’s comments, as reported at HispanicBusiness.com, refer to a law that increases the number of children covered by the State Children’s Health Insurance Program (SCHIP) from 7 million to 11 million, including--for the first time--children of legal immigrants. Emanuel would not say when Obama might propose comprehensive immigration reform.
As reported at eWeek.com, Senator Judd Gregg (R-N.H.), President Obama’s nominee to run the Department of Commerce, strongly supports expanding the H1-B visa program.
A favorite of U.S. technology companies, the H-1B program allows U.S. companies and universities to employ foreign guest workers with training in job categories that qualify as a “specialty occupation.” Senator Gregg commented: “Helping the high tech industry tap into highly skilled talent from around the world and address well-documented labor shortages not only keeps our economy strong, but creates U.S. jobs and deters employers from sending work elsewhere.”
The New York Times reported that the Czech Republic will offer a free plane ticket and $649 to foreign workers who agree to return home after losing their jobs in the economic downturn. Interior Minister Ivan Langer stated that many unemployed foreigners lacked cash to buy a ticket home because they had to pay bribes or excessive fees to agencies that had placed them in jobs.
KableNET reports that the United Kingdom’s Foreign and Commonwealth Office (FCO) is planning to establish web-based embassies for parts of the world where it does not have a physical presence. This trial project is not yet live, but the FCO plans to make Maldives the site for first virtual embassy. Other possible locations are Honduras, Kyrgyzstan and Madagascar.
The “virtual embassy” websites will be interactive, including an external page for the public providing basic information on the country (or region) and links to consular and visa services. The virtual embassies also will provide support tools for existing “laptop diplomats”--FCO staff who work away from embassies using mobile communications and laptop computers.
On January 30, U.S. Department of Homeland Security (DHS) Secretary Janet Napolitano announced a wide-ranging action directive on immigration and border security. The directive requires specific DHS offices and components to “work together and with state and local partners to review and assess the plans and policies” to address:
For each assessment, a final report is due by February 20, 2009.
On December 17, 2008, the U.S. Department of Homeland Security (DHS) published in the Federal Register an interim final rule revising the Form I-9 and List of Acceptable Documents attached thereto. A correction was subsequently published on January 16, 2009, contributing to the confusion already surrounding the new form. DHS later posted the new I-9 at www.uscis.gov indicating that it must be used by all employers effective February 2, 2009. Consequently, numerous interest groups proposed that the implementation of the I-9 be delayed. Late in the afternoon on January 30, 2009, that request was answered – DHS filed a last minute notice announcing that implementation of the form would be postponed until April 3, 2009. Notice of the delay appears in the February 3, 2009 edition of the Federal Register.
The interim rule alters both the I-9 form and the List of Acceptable Documents by changing some of the language on the form itself and adding to and deleting from the List of Acceptable Documents. In Section 1, the employee portion of the Form I-9, DHS has amended the language to include a noncitizen national. A noncitizen national includes someone born in American Samoa, certain citizens of the Trust territories of the Pacific Islands, and some children of noncitizen nationals born outside the United States.
President Obama's immigration agenda has been posted on the official White House website. The broad agenda is composed of the following items:
Create Secure Borders: Protect the integrity of our borders. Support additional personnel, infrastructure and technology on the border and at our ports of entry.
Improve Our Immigration System: Fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together and meet the demand for jobs that employers cannot fill.
Remove Incentives to Enter Illegally: Remove incentives to enter the country illegally by cracking down on employers who hire undocumented immigrants.
Continue Reading...A record 151,635 work permits were issued in the United Kingdom in 2008. The Telegraph further reports that:
These figures emerged on the day that Britain officially entered a recession.
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