Global Immigration Counsel : Immigration Lawyer & Attorney : Littler Mendelson Law Firm : Permanent Residence, Labor Certification : Global Immigration Counsel

As reported by The Economic Times, due to an aging workforce and gaps in its IT, engineering, and medical sectors, Australia is encouraging skilled Indian professionals to apply for permanent residency. Indian nationals already comprise the second largest immigrant population in Australia, and currently the country’s medical system relies considerably on Indian healthcare professionals.

Although Australia recently decreased the number of available visas to skilled workers because of the economic downturn, this move is seen as temporary and numbers are expected to increase once the economy recovers. Australian officials note that even at lower numbers it is still running one of its biggest skilled migration programs in years.

Australia is also cracking down on scholastic institutions, particularly vocational schools, that do not provide adequate skills and language training to Indian students. Because a skills test will be required next year in addition to the English language test, the aim is to ensure that international students receive quality schooling that eventually will allow them to apply for permanent residency.

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In an effort to prevent fraud and identity theft, next month the United Arab Emirates (UAE) Federal Naturalisation and Residency Department will require applicants for residency visas to provide fingerprint samples. As reported by gulfnews.com, the measure is designed to enhance secure identification and prevent entry of persons with criminal records – said individuals will be denied visas and turned over to police officials.

A fingerprint database is being constructed and eventually all foreign UAE residents will have to submit biometric information for visas. Current residents will provide fingerprints upon submitting a renewal application.

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Due to the rise in H1N1 virus (“swine flu”) carried by foreign visitors, travelers to India must disclose whether they are undergoing treatment for the illness or have shown symptoms, and, if so, they may be quarantined, hospitalized or denied a visa. As reported by Thaindian News, of India’s 340 reported H1N1 cases, 260 individuals caught the illness abroad, 111 coming from the United States.

Although to date no one has been denied a visa, Indian officials are advising that infected persons be cured before applying for a visa. Indian embassies have been issued guidelines concerning visas and the flu which, according to the World Health Organization, has been reported in 135 countries and claimed at least 800 lives.

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The New York Daily News reports that the U.S. is moving toward ending its ban on HIV-infected foreigners entering the country. New regulations would not require HIV testing for various travel visas or permanent residence exams. The HIV travel ban started in 1987, at the height of the AIDS epidemic, but scientific and social advances have decreased concerns about the disease’s transmittal.

Congress proposed new regulations during George W. Bush’s final year in office, and with current administration backing the ban might be lifted by year’s end. The Centers for Disease Control and Prevention (CDC) is currently seeking public comment on the matter and final say will rest with the Department of Health and Human Services.

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Price gouging by illegal manpower brokers, mainly based in Malaysia, has increased immigration costs for Bangladeshi workers seeking employment in Libya. Brokers will purchase large quantities of Libyan work visas then sell them at inflated rates to workers and employment recruiters. Normally, workers’ migration costs average 100,000 to 120,000 Bangladeshi Taka (1,455 -1,746 USD). However, some workers complain of being charged twice that amount.

Recruiting agencies believe that if they could go directly to the government, visa costs would decline. Libya’s Expatriates’ Welfare and Oversees Employment Minister said workers’ failure to protest costs was an issue, but claimed no knowledge of increased costs. He stated he would monitor the situation for the next two months.

The Daily Star reports that these unregulated broker practices coupled with the economy’s decline has resulted in many foreign governments limiting Bangladeshi workers’ ability to obtain work. The first five months of 2008 saw 378,994 Bangladeshis seek employment overseas, while only 212,332 have done so this year.

Each day about 300 Bangladeshi workers leave for Libya, which recently began building infrastructure projects worth over $100 billion. Libya estimates the projects will employ around 200,000 workers in two years. Libya’s government has begun hiring Bangladeshi workers, and last December recruited 20,000 Bangladeshi workers.

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As reported by China Daily, police in the Chinese city of Guangzhou have been closely monitoring residential and business areas inhabited by foreigners, looking for individuals without stay permits or holding fake passports. Concerns over illegal immigration, particularly crimes committed by foreigners, have resulted in police stepping up efforts to curb the practice. Officials from Guangzhou Intermediate People’s Court said that one-third of fraud cases between 2002 and 2008 were committed by foreigners.

The police campaign has caused tension in the city’s African communities, resulting in protests over an unconfirmed death of a Nigerian man during a passport check. Police officials have only confirmed two injuries; one involved a man allegedly involved in illegal money operations who injured himself as he attempted to evade a passport check.

Each year, over one million people enter or exit through the ports of Guangzhou, a major trading hub for foreigners, especially from the Middle East and Africa. A local university estimates that over 20,000 Africans with valid travel documents reside in the area, although the overall number is higher because many do not have visas.

To assist foreigners, the entry and exit administrative authority opened an online service where they can apply for permit extensions. Foreigners traveling or residing in the area should always carry their passports and comply with registration procedures.

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The H-1B and permanent residency programs are, as reported by Computerworld, under “assault” by the US Citizenship and Immigration Services and other agencies, which have “dramatically increased” the documentation requested of employers seeking to hire workers under the programs. In recent months, requests for evidence are becoming significantly more frequent and expansive, seeking information such as corporate payroll records, zoning maps and building fire-safety plans. 

Among the possible explanations for the stepped-up enforcement are the increased scrutiny required as part of the Troubled Asset Relief Program (which set new H-1B restrictions on firms that received bailout funds) and findings of various problems, including fraud, in nearly one in five H-1B applications (according to a USCIS study (PDF) released in fall 2008).

Crystal Williams, co-director of the American Immigration Lawyers Association (AILA), commented that the document requests are "on the border of harassment," and that the agency is "attempting to build a barrier, to make it as difficult as it possibly can be to get a visa." AILA is gathering evidence to demonstrate that the government is overstepping its authority in this area.

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Brookfield Global Relocation Services recently reported that 25% of the 180 multinational firms surveyed would decrease how many employees are relocated overseas. Assignment costs was the number one reason. China topped the list as the most relocated to country while also being the most difficult country to move to.

Older and experienced employees were more likely to be relocated, with only 9% of companies sending employees aged 20-29 abroad. However, 92% of companies stated that family concerns was the top reason for refusing a foreign assignment. Children’s education, cultural adjustment, location difficulties, and partner resistance were considered the most critical challenges. Spouses were particularly affected. Their employment was less likely before and during an overseas assignment.
 

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Recent violence in Urumpqi, in China’s Xinjiang Uyghur Autonomous Region, resulted in The State Department issuing a Travel Alert in the area until August 10, 2009. Americans in that area are advised to avoid demonstrations and large gatherings, remain indoors and avoid unnecessary movement in the city. Those planning on traveling to the area have been advised to defer their travel to the region.

While there is no indication of violence directed at U.S. citizens, Chinese state media has reported over 150 deaths and over 1,000 injured. Although there is an increased security presence, further violence might occur.

The State Department has recommended that Americans register through its website with whichever office is nearest: the U.S. Embassy in Beijing, the U.S. Consulate General in Chengdu, the U.S. Consulate General in Guangzhou, the U.S. Consulate General in Shanghai, or the U.S. Consulate General in Shenyang.

Travelers can obtain information on security conditions by calling, toll free, (888) 407-4747, in the U.S. or, if outside the United States and Canada, (202) 501-4444 - toll charges will apply.

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Senator Charles Schumer (D-NY) said he expects a comprehensive immigration reform bill to be completed by the end of this year, or early next year. According to Schumer, the bill will focus on increasing the number of highly skilled foreign workers in the U.S. and getting tougher on illegal immigration.

While business seeks to expand the skilled employee pool, particularly in the technology sector, unions have generally been against increased foreign labor. However, AFL-CIO and Change to Win, two prominent unions, came out earlier this year in favor of immigration reform, which they previously opposed. To appeal to both sides, Senator Schumer believes legislators will need to bridge the gap between them. "I think one of the ways to bridge it is to look at the different areas of labor and where there are shortages and where there are not and where just workers are being brought in for exploitive purposes — broadly put meaning just get lower wages — rather than having a shortage," Schumer said.
 

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As of July 14, 2009, Czech and Mexican nationals must possess a Temporary Resident Visa to visit Canada.

Over the past four years Canada has seen a large increase in refugee claims filed by nationals of both countries. Since 2005, Mexican nationals have accounted for 25% of all claims filed in Canada. The second largest group is Czech nationals who have filed over 3,000 claims since October 2007, a sharp increase compared to less than 5 in 2006.

Citizenship and Immigration Canada has experienced significant cost increases, processing delays, and has instituted the visa restrictions for Mexican and Czech nationals because it believes the volume of claims submitted undermines its ability to help individuals fleeing real persecution.

Now, in order to visit Canada, Mexican and Czech nationals must demonstrate to immigration officials that:

• Their visit to Canada is temporary
• They will not overstay their visa
• They have enough money to cover their stay
• They are in good health
• They do not have a criminal record, and
• They are not a security risk

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The United States Citizenship and Immigration Services recently changed its procedures regarding the issuance of ADIT stamps. Local USCIS offices will no longer automatically provide an ADIT stamp to an approved permanent resident applicant waiting for his or her green card.

An ADIT stamp is temporary proof of residence in the United States that is generally placed on a passport or an I-94, an Arrival-Departure Record. Previously, USCIS would automatically provide an ADIT stamp to approved applicants because of an almost eight-week delay between approval and receipt of a green card.

ADIT stamps will continue to be provided on a case-by-case basis if applicants can show they need a stamp to be issued.
 

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Last week the Senate voted to accept an amendment (S. AMDT. 1375) to the Department of Homeland Security’s (DHS) Appropriations Bill (H.R. 2892) that would prevent the DHS from revoking its “No-Match” Rule. Continue reading about this development on Littler's Washington D.C. Employment Law Update blog.

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The Immigration and Customs Enforcement (ICE) has announced that it will begin to investigate workplaces in all 50 states to identify employers who are hiring undocumented workers. Specifically on July 1, 2009, ICE launched a comprehensive audit initiative and issued Notices of Inspection (NOIs) to 652 businesses nationwide. States are also beginning to increase their enforcement efforts so employers should take steps to ensure compliance with both federal and state immigration requirements. Continue reading Littler ASAP "Latest Developments in Employment Verification Enforcement" by Jorge R. Lopez, Chadwick M. Graham and Melissa M. Randall.

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Yesterday, the Senate approved by voice vote an amendment (S. AMDT. 1371) to the Department of Homeland Security (DHS) appropriations bill (H.R. 2892) that would make the E-Verify program permanent. Currently a voluntary initiative, E-Verify is an Internet based system operated by DHS in partnership with the Social Security Administration (SSA) that allows employers to electronically verify the employment eligibility of potential and current employees. The amendment – introduced by Sen. Jeff Sessions (R-Ala.) – requires that all government contractors who do work for the federal government use E-Verify to screen their potential hires. Following introduction of the amendment, Sen. Charles Schumer (D-NY) criticized the E-Verify program, saying that it is a flawed system that “creates havoc for both employers and employees.” Continue reading about this development on Littler's Washington D.C. Employment Law Update blog.

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Department of Homeland Security (DHS) Secretary Janet Napolitano has announced that the Obama administration will fully implement the federal contractor rule that extends use of the E-Verify system to covered federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds. Starting on September 8, 2009, the rule will apply to federal solicitations and contract awards government-wide. At the same time, Napolitano announced that DHS intends to rescind the Social Security No-Match Rule.

In making the announcement, Napolitano commented: “E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce. . . . As Senator Schumer and others have recognized, we need to continue to work to improve E-Verify, and we will.” Initiatives now underway with respect to E-Verify are designed to:

• further improve federal database accuracy;
• add new tools to prevent fraud, misuse, and discrimination;
• strengthen training, monitoring, and compliance; and
• enhance privacy protections.

As reported by The New York Times, support for the E-Verify system is by no means universal. Immigrant advocacy groups continue to criticize E-Verify, and the system is being challenged in federal court by the US Chamber of Commerce and other business groups, who contend that the databases it relies upon is full of errors.

Regarding the 2007 No-Match Rule, which was blocked by court order shortly after issuance and has never taken effect, DHS will propose a new regulation that will rescind the rule. With respect to rescission of the No-Match Rule, the DHS announcement noted that the E-Verify system addresses data inaccuracies more quickly and “provides a more robust tool for identifying unauthorized individuals and combating illegal employment.”

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As reported by Reuters, Silicon Valley is experiencing a brain drain of foreign-born students, many of whom are returning to their home countries due to immigration hurdles. The very long waiting time for US permanent residency, combined with comparatively attractive job markets in India and China, is driving the trend.

Observers warn that the flow of foreign students out of the United States will eventually damage its high-tech industry competitiveness. More than half of the Silicon Valley start-up companies established between 1995 and 2005 had a founder who was a foreign national. In addition, foreign nationals earn half of the masters degrees and 71% of the doctorates in electrical engineering at US universities.

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Senator Charles Schumer (D-NY), chairman of the Senate Judiciary subcommittee on immigration, has strongly criticized the E-Verify system and proposes replacing it with a biometric-based federal employment verification system. As reported by Workforce Management, Schumer has called E-Verify “unfair” because it singles out individuals with Hispanic surnames and “ineffective” because unauthorized workers can slip through the system by using stolen Social Security numbers and fake IDs.

However, it is far from certain that Schumer’s plan to scrap E-Verify will succeed. The House recently approved a homeland security appropriations bill that includes a two-year reauthorization of E-Verify, and it also has approved redirecting $50 million of the DHS budget to the U.S. Customs and Immigration Services for E-Verify enhancements.

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On July 1, U.S. Immigration and Customs Enforcement (ICE) initiated a significant new audit initiative by issuing Notices of Inspection (“NOIs”) to 652 businesses, which is more in one day than ICE issued throughout the entire last fiscal year. ICE’s announcement of this action stated:

This new initiative illustrates ICE's increased focus on holding employers accountable for their hiring practices and efforts to ensure a legal workforce.

The NOIs alert business owners that ICE will be inspecting their hiring records to determine whether they are complying with employment eligibility verification laws and regulations. The 652 businesses presented with NOIs for a Form I-9 audit were selected as a result of investigations; the names and locations of the businesses were not released.

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President Barack Obama has asked Homeland Security Secretary Janet Napolitano to meet regularly with members of Congress in order to systematically resolve various immigration issues, including treatment of the 12 million illegal immigrants currently in the country and prevention of illegal immigration going forward. As reported by Reuters, statements by Obama and by various lawmakers emphasize the urgent need to enact immigration reforms soon.

Following a recent meeting with Republican and Democratic lawmakers, Obama told the press, “Despite our inability to get this passed over the last several years, the American people still want to see a solution.” Also following the meeting, Senator Charles Schumer (D-NY) stated that Obama has set a goal of passing legislation by the end of 2009 or early 2010. Senator Lindsey Graham (R-SC) stated that, due to the political heat caused by immigration issues, he sees only “one more chance” to enact legislation:

If we can't get it done this time around, no politician is going to take this up in a generation. That would be a shame for this country.

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South Africa’s Department of Home Affairs is launching its first “events visa” in order to ease the way for soccer fans planning to visit the country for the 2010 World Cup. As reported by The Sunday Independent, the events visa relies upon a biometric verification technology for controlling travelers’ movements.

This special visa is part of an array of services that will enable South Africa to more effectively track the movement of World Cup spectators through the country’s 72 ports of entry. The nation’s Home Affairs Minister commented: “To contribute to the smooth but secure flow of tens of thousands of international visitors expected to attend the 2010 World Cup tournament, our immigration services . . . will improve traveler screening and use mechanisms that will prevent the entry of undesirable elements. Part of the arsenal for this will be travel document readers, airline liaison officers and the events visa . . . and gathering of intelligence through closer cooperation with other law enforcement agencies, both foreign and domestic.”
 

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Singapore’s Ministry of Manpower has announced the July 1, 2009 opening of a new Employment Pass Services Centre (EPSC). The new EPSC will register and issue new long-term pass (LTP) cards to the following groups of LTP holders:

• Employment Pass holders;
• EntrePass holders;
• Personalised Employment Pass holders;
• Training Employment Pass holders;
• Work Holiday Pass holders; and
• Dependant Pass and Long Term Visit Pass holders.

Existing LTP holders belonging to the above groups will be issued with new LTP cards when their passes are renewed.

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