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Australia’s Department of Immigration and Citizenship announced that, as of July 1, 2011, thirteen occupations (e.g., medical physicist, barrister, retail pharmacist) will be added to its Skilled Occupation List, while four will be removed (optometrist, orthoptist, panel beater, and vehicle painter). The amended list is the result of independent expert advice that identified specialized occupations of high value to Australia. The updated list will apply to new independent or unsponsored skilled migration applications submitted on or after July 1, 2011, subject to certain exceptions concerning transitional arrangements.

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U.S. Citizenship and Immigration Services (USCIS) has published a revised employer handbook on Form I-9 completion. The handbook guides employers through the process step by step and features:

• expanded guidance on how to enter names on Form I-9;
• more examples of acceptable documents;
• additional information regarding employment-authorized nonimmigrants; and
• other clarifications.

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Building on changes made in June 2010 to enhance the E-Verify web interface’s usability, security, accuracy and efficiency, U.S. Citizenship and Immigration Services (USCIS) recently announced further improvements, including:

• the ability to verify applicants’ driver’s license information;
• less strict entry requirements for U.S. passport and visa number information;
• improved messages that guide employers towards creating qualifying passwords;
• upgrades to the user registration process concerning additional users;
• the ability to select a future hire date;
• a “help” icon linking to instructions and information;
• an upgraded “case details” screen, making it easier to locate detailed case information;
• interface enhancements, e.g., sorting client companies alphabetically, to increase the efficiency of the case creation process for E-Verify employer agent users.

An employer’s existing user ID and password remain valid, and all pre-update case information will be available upon login. However, upon the first login to the enhanced website, users will be required to take a short tutorial to learn about the changes.

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As reported by Politico.com, Immigration and Customs Enforcement (ICE) recently notified 1,000 companies in 50 states that they will be subject to an immigration audit wherein ICE inspects employers’ hiring records, e.g., Form I-9s and supporting documents. This latest round of notices brings the tally to more than 2,300 audits to date in Fiscal Year (FY) 2011 (October 1, 2010 to September 30, 2011), compared to a total of 2,196 during FY 2010.

Audits have been a central theme of the Obama administration’s immigration enforcement strategy. Immigration officials’ focus has shifted to employer, versus employee, noncompliance, the rationale being that the volume of illegal immigration will decrease if employers stop hiring undocumented workers. To prevent such hiring, enforcement agencies use their ability to impose civil and criminal penalties on employers.

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The same day a mandatory E-Verify bill was introduced in the House of Representatives, Sen. Charles Grassley (R-IA) introduced the Accountability Through Electronic Verification Act (S. 1196) in the Senate. Like the House employment immigration bill, the Senate version would require all employers to use the E-Verify electronic employment verification system, increase employer penalties for violations of immigration law, and eliminate the current Form I-9 process. The Senate bill, however, would also require a shorter implementation timeframe for using E-Verify and expand its use, among other differences. To learn more about the bills and their implications for employers, please continue reading at Littler's Washington D.C. Employment Law Update.

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Alabama is now the most recent state to require all employers to enroll in and verify employment eligibility through E-Verify. This requirement goes into effect on April 1, 2012. The new law prohibits all Alabama employers, public and private, from knowingly employing unauthorized aliens. Additionally, the law prohibits state government entities from awarding contracts or providing grants or other incentives to employers that fail to enroll in and verify employment eligibility through E-Verify. This provision goes into effect on January 1, 2012. Violations of the law can result in significant penalties for employers. The new law also creates a state law cause of action for U.S. citizens and authorized aliens against employers that refuse to hire or that discharge them while knowingly or negligently employing unauthorized aliens. To learn more about the new law and its implications for employers, please continue reading Littler's ASAP Alabama Is Latest State to Enact E-Verify Requirement by Kelly Reese.

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A bill that would expand the E-Verify employment verification system and require its use by all employers was reintroduced in the House on May 26. Introduced by Rep. Health Shuler (D-NC) and cosponsored by 37 others, the bipartisan Secure America through Verification and Enforcement (SAVE) Act (H.R. 2000) would create a four-year phase-in period during which all employers would eventually be required to use E-Verify to check the employment eligibility of their potential and current hires. To learn more about the bill and its implications for employers, please continue reading at Littler's Washington D.C. Employment Law Update blog.

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The Immigrant Investor Program (“EB-5 Program”) makes available 10,000 visas annually to immigrant investors who invest in commercial enterprises creating at least 10 full-time jobs for U.S. workers. However, the annual cap has never been met in the two decades since the program’s creation.

In a move designed to maximize utilization of the Immigrant Investor Program and respond to President Obama’s call to promote immigrants’ entrepreneurial spirit, U.S. Citizenship and Immigration Services (USCIS) has announced proposed enhancements to EB-5 visa processing, consisting of three main elements (pdf):

1. USCIS will accelerate processing for applications involving job-creating projects that are fully developed and ready to be implemented. Applicants and petitioners will have the option to request Premium Processing Service, which, for an additional fee, guarantees processing within 15 calendar days.
2. USCIS will create new intake teams with expertise in economic analysis and EB-5 Program requirements. Moreover, applicants submitting Form I-924 (i.e., applying to participate under a USCIS-designated Regional Center) will be able to directly communicate via email with the team to streamline issue resolution and rapidly address applicants’ questions or needs.
3. USCIS will convene an expert Decision Board, composed of an economist and adjudicators supported by legal counsel, to render an enhanced decision process concerning Form I-924 applications. For example, interviews will be available in instances where the Board’s preliminary recommendation is to request further information or to deny the application.

USCIS will accept public comment on the proposals until June 17, 2011.

Image credit: StudioX

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The Department of Homeland Security has published a final rule (pdf) amending the filing locations for a Petition for Alien Relative (Form I-130) or a Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360). Under the final rule, a petitioner living outside the United States can:

• mail the petition to the United States Citizenship and Immigration Services (USCIS) Chicago Lockbox, if he or she resides in a country without a USCIS office; or
• file the petition at a USCIS international office, if he or she resides in a country with a USCIS office.

Previously, if a petitioner lived in a country without a USCIS office, petitions could be accepted and approved by a consulate, and USCIS reimbursed the U.S. Department of State for processing those petitions. Establishing the Lockbox as a filing option is intended to save costs and increase efficiency.

Written comments on the rule will be accepted until July 18, 2011, and the rule’s effective date is August 15, 2011.

Photo credit: bioraven

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Rep. Sue Wilkins Myrick (R-NC) has reintroduced legislation that would amend the Immigration and Nationality Act to substantially increase employer penalties for violations. The 10k Run for the Border Act (H.R. 1698) 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.

Under the terms of this bill, an employer could be fined between $10,000 and $80,000 for each violation, an increase from the current $250-$2,000 penalty range. For an employer with a prior violation, the penalties would be increased to between $80,000 and $200,000, up from $2,000 to $5,000 per violation under current law. For a repeat offender, the fine skyrockets to a range of $120,000 to $1.6 million. The current fine for such a repeat offense is a minimum penalty of $3,000 and a maximum of $10,000.

If state or local law enforcement officials provide material assistance in investigating or prosecuting employers that are in violation of this law, they are entitled to 80 percent of the fines paid by those employers. It follows that such large financial incentives would increase enforcement.

The provisions of this amendment would take effect on the day of enactment. Prior versions of this bill have been introduced within the past six years, but have failed to advance.

Photo credit: Kameleon007

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The Supreme Court has held that an Arizona law that imposes sanctions on employers that hire unauthorized workers and requires the mandatory use of E-Verify is not preempted by federal law, and therefore valid. The Arizona law at issue – the Legal Arizona Workers Act – provides for the suspension or revocation of an employer’s business license in that state if that employer knowingly or intentionally hires an unauthorized worker. The statute also mandates the use of the E-Verify electronic verification system to check on an employee’s work eligibility. The Court’s decision in Chamber Of Commerce v. Whiting upholding this statute opens the door for other states to enact laws that similarly impose stricter penalties on employers for immigration law violations. To learn more about the decision, please continue reading at Littler's D.C. Employment Law Update blog.

Photo credit: MBPhoto, Inc.

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