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

Under the science, technology, engineering, and math (STEM) extension of the Optional Practical Training (OPT) program, a student visa holder may petition to extend his or her stay in the United States to receive work experience training for up to 17 months after completing a qualifying STEM degree program. On May 12, United States Immigration and Customs Enforcement (ICE) expanded the list (pdf) of qualifying STEM degree programs to include an additional 50 fields, e.g., Neuroscience, Mathematics and Computer Science, and Pharmaceutics and Drug Design. According to an ICE press release, the list expansion will help “address shortages in certain high tech sectors of talented scientists and technology experts.”

Photo credit: Alexander Raths

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The U.S. Department of State has released the June 2011 Visa Bulletin, which summarizes visa availability. Some movement occurred in the oversubscription date (i.e., the date on which the availability quota was met) for employment-based visa categories, including:

• EB-2 (professionals with advanced degrees or persons of exceptional ability): The oversubscription date for Indian and Chinese nationals progressed to October 15, 2006, from July 1 and August 1, 2006, respectively.
• EB-3 (skilled workers and professionals): The oversubscription date for Mexican nationals advanced 3.5 months, from September 8 to December 22, 2004. A one-month advance occurred for Chinese nationals, from April 15 to May 15, 2004, with a one-week advancement for Indian nationals, from April 15 to 22, 2002, and three weeks’ progression for Philippines nationals, from August 22 to September 15, 2005.
• EB-3 (other workers): The oversubscription date for nationals of Mexico and the Philippines advanced two months, from September 8 to November 8, 2003.

Photo credit: David Pedre Loureiro

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A recent report by Reuters highlights the possible correlation between the demand for pilfered identities and employers’ increased efforts to verify employees’ immigration status, e.g., by using E-Verify. Starting in 2009, federal immigration enforcement efforts have targeted employers rather than workers, and many businesses have been intensifying their efforts to ensure the legality of their workforce. The E-Verify program identifies mismatched names and Social Security numbers but is not designed to flag stolen identities. Accordingly, some undocumented workers have moved away from using their real name and an illegitimate Social Security number and, instead, are purchasing and using stolen names and their accompanying Social Security numbers.

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Georgia Governor Nathan Deal has signed into law House Bill 87 (pdf), a sweeping, Arizona-style immigration enforcement bill that, among other provisions, requires employers to use E-Verify, the federal electronic employment authorization program. Provisions of the “Illegal Immigration Reform and Enforcement Act of 2011” affecting private employers amend the Georgia Code as follows:

• Private employers must register with and use E-Verify to confirm new hires’ legal work status under the following deadlines:
  • Employers with 500 or more employees must comply by January 1, 2012.
  • Employers with more than 100 but less than 500 employees must comply by July 1, 2012.
  • Employers with more than 10 but less than 100 employees must comply by July 1, 2013.
• Business licenses, occupational tax certifications, and other documents required to operate a business will not be issued until the employer submits an affidavit attesting that it utilizes E-Verify or is exempt from the requirement (because it employs fewer than 11 employees or otherwise does not fall within the statute’s requirements). The Georgia Attorney General’s Office will provide a form affidavit for this purpose.

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United States Citizenship and Immigration Services (USCIS) has announced the launch of I-9 Central, a website dedicated to providing resources, tips and guidance on proper completion of Form I-9, which employers must complete for each worker hired after November 6, 1986. Highlights of the site, which is designed for use by both employers and employees, include:

• Overviews of employer and employee rights and responsibilities
• Step-by-step instructions for completing Form I-9
• Information on acceptable identity and employment authorization documents
• A discussion of common mistakes, and guidance on how to correct errors
• Answers to employers’ frequently asked questions about the Form I-9 process

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