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

From the end of February 2012, the United Kingdom is extending the requirement to register biometric details to all non-EEA applicants within the country who are applying for visas of more than six months.

The UK government's move is in line with the European Union regulations specifying a uniform format for residence permits for third-country nationals. The UK was the first EU member state to implement the programme, introducing electronic residence permit cards for some immigration categories from November 2008. The new extension will complete the rollout to all in-country applicants with effect from 29 February 2012.

To learn about the requirement and its implications for employers, please continue reading at our collaborative blog, Global Employment Law.

• Email This
• Print
• Trackbacks
• Share Link

On September 29, 2010, Senators Robert Menendez (D–NJ) and Patrick Leahy (D–VT) introduced “The Comprehensive Immigration Reform Act of 2010” (S. 3932). According to Senator Menendez, the bill “addresses long-standing, wide-ranging flaws in the immigration system that have been priorities of groups on each side of the immigration reform debate.” The bill was introduced shortly before Congress adjourned for its mid-term election recess. As reported by The Hill, Senator Menendez defended his timing for introducing the bill by stating that it could lead to possible “lame-duck movement” on the legislation, and in the longer term it serves as an "invitation to bring Republican colleagues to discussion" on immigration reform.

• Email This
• Print
• Trackbacks
• Share Link

United States Citizenship and Immigration Services (USCIS) has unveiled a new, more technologically advanced and secure Permanent Residence Card. The card, commonly known as the “Green Card,” authenticates an individual’s authorization to live and work in the United States on a permanent basis. The intention behind the redesign, which is a collaboration between USCIS and various Department of Homeland Security agencies, is to deter fraud and more quickly authenticate identification. USCIS contends the new card is “nearly impossible to reproduce.”

• Email This
• Print
• Trackbacks
• Share Link

A 26-page outline of a new proposed immigration overhaul bill would require all employers to use a newly-created Biometric Enrollment, Locally-stored Information, and Electronic Verification of Employment (BELIEVE) System as a means of verifying employee work authorization. Within 18 months of the proposed bill’s enactment, the Social Security Administration would be required to issue biometric social security cards, which within five years would serve as the only acceptable document employers could use for employment verification purposes. The proposal also calls for a 300 percent increase in monetary fines against employers that knowingly hire illegal workers, and enhanced civil and criminal penalties against employers that engage in egregious labor violations involving unauthorized workers. To learn more about the proposal and the potential implications for employers, please continue reading at Littler's D.C. Employment Law Update blog.

• Email This
• Print
• Trackbacks
• Share Link

The UK Border Agency (UKBA) has unveiled its “super premium service” for applicants seeking to extend their stay in the UK. For £15,000, the following services will be available:

• immigration application forms will be picked up by a Royal Mail courier;
• applicants can have their biometrics enrolled at a location of their choosing, including their home or business premises, at a time and date of their choosing (between 9:00 a.m. and 5:00 p.m., Monday through Friday); and
• a decision on the application will be made within 24 hours of the visit, if all requirements are met.

• Email This
• Print
• Trackbacks
• Share Link

The Department of Homeland Security has published a final rule in the Federal Register designating Greece an eligible country for the U.S. Visa Waiver Program (VWP). Beginning April 5, 2010, Greek nationals can visit the United States for tourism or business for 90 days or less without obtaining a visa before arrival. However, VWP travelers must comply with Electronic System for Travel Authorization requirements by obtaining travel authorization prior to arriving in the United States and must submit biometric information upon arrival, as required by US-VISIT.

• Email This
• Print
• Trackbacks
• Share Link

Last Thursday, Senators Charles Schumer (D-NY) and Lindsey Graham (R-SC) released a framework for comprehensive immigration reform. Although a bill has yet to be introduced, the Senators outlined their “four pillar” reform strategy in a Washington Post opinion column. This plan would include “requiring biometric Social Security cards to ensure that illegal workers cannot get jobs; fulfilling and strengthening our commitments on border security and interior enforcement; creating a process for admitting temporary workers; and implementing a tough but fair path to legalization for those already here.” For more information on this development, please continue reading at Littler's Washington D.C. Employment Law Update blog.

• Email This
• Print
• Trackbacks
• Share Link

The Wall Street Journal reports that a mandatory biometric identification card for U.S. citizens and legal residents could be included in a comprehensive immigration reform bill being spearheaded by Senators Charles Schumer (D-NY) and Lindsey Graham (R-SC). The card would contain standard identifying information, but would also contain a biometric identifier, e.g., fingerprints. Schumer has previously proposed such a card to replace E-Verify, the federal electronic employment verification system.

• Email This
• Print
• Trackbacks
• Share Link

Over the past few years, the number of individuals using “trusted traveler” programs has increased, reports USA Today. These programs offer members the ability to expeditiously clear customs. The membership fee runs from $50 to $122.50 depending on the program, and membership lasts for five years. To qualify, applicants must pass a government-run background check (including fingerprint submission), a process that takes four to six weeks. Individuals with criminal records or who have violated immigration laws are ineligible.

• Email This
• Print
• Trackbacks
• Share Link

Starting November 30, 2009, the UK Border Agency will fingerprint all foreign nationals entering the country with biometric UK visas, entry clearances and identity cards. This initiative is aimed at improving security and securing UK ports-of-entry and borders. On arrival in the UK, border control will perform regular immigration checks on all foreign nationals seeking admission to the UK and then capture their fingerprints to verify that they match the fingerprints given when the foreign national started the process abroad. This added security measure by UK authorities will stop individuals from cheating the system by having someone else complete biometrics abroad so that possible bars to admission, such as a criminal conviction, are not picked up during the biometrics process.

• Email This
• Print
• Trackbacks
• Share Link

The UK Border Agency announced it is three months ahead of schedule in issuing identity cards to skilled migrants renewing their visas. Issuance of identity cards to Tier 2 skilled workers will begin January 2010, which will add 30,000 foreign nationals per year to the list of individuals assigned identity cards. Ninety thousand cards have been issued to date, mainly to students under Tier 4 and to individuals renewing marriage visas.

To provide foreign nationals with alternate and more accessible venues for submitting fingerprints, these services will be made available, on a trial basis, at 17 Crown post offices, beginning October 2009. Applicants must pay a fee of £8 if they choose this option (by contrast, no fee is required when submitting fingerprints at a UK Border Agency or Identity & Passport Service Office).

Identity cards for skilled migrants and temporary workers under Tiers 1 and 5, originally scheduled to commence in 2011, will begin in 2010. 

• Email This
• Print
• Trackbacks
• Share Link

The UK Border Agency has announced that immigration applicants may now book appointments online under the following circumstances: 

• an applicant may submit a “premium application” (for a higher fee) to receive a same-day decision during an in-person appointment at a public enquiry office; or
• an applicant who submitted an application by mail but needs to provide biometric information at either a public enquiry office or biometric enrollment center.

Family groups of 11 or more applying collectively must use the telephone booking service to schedule appointments. The telephone booking service will remain operative for individuals without internet access and for those who prefer to call.

• Email This
• Print
• Trackbacks
• Share Link

The BBC reports mixed reviews on England’s recently revised immigration system. Some contend that individuals with long and distinguished professional careers are slighted under the system and that preference is given to younger, more educated individuals with less experience. Others believe the system, although tough, is fair and that it promotes employment of domestic workers while allowing employers to look outside Britain and the European Union (EU) to fill specialist vacancies.

Many dismiss the system’s effectiveness and have called for a cap on migration of non-EU nationals. However, supporters contend that the system’s clear and objective criteria, without quotas, allows for admission of the most beneficial immigrant workforce regardless of the economic climate.

Issues remain, however, concerning the UK Border Agency’s inefficiency processing biometric visas and responding to specific cases. Moreover, some are troubled by the system’s lack of an independent appeals process.

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link

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.”
 

• Email This
• Print
• Trackbacks
• Share Link

Senator Charles Schumer (D-NY), the new chairman of the immigration subcommittee, strongly supports introducing "forgery-proof" worker identification cards, which would be secured with fingerprints or other biometric data. Schumer, who is heading the Senate’s efforts to draft comprehensive immigration reform legislation, has stated that such an ID card would be the best method of confirming that workers are authorized. As reported in The Los Angeles Times, Schumer is likely to present the worker ID card plan at an upcoming hearing on employee verification systems.

In his book Positively American (published in 2007), Schumer wrote: “The ID will make it easy for employers to avoid undocumented workers, which will allow for tough sanctions against employers who break the law, which will lead to no jobs being available for illegal immigrants, which will stop illegal immigration. …. Once Americans are convinced that we will permanently staunch the flow of illegal immigration, they will be more willing to accept constructing a path toward earned citizenship for those who are already here.”

Although some business and community organizations support the concept of a worker ID card, others argue that the cards would violate privacy rights and civil rights.

• Email This
• Print
• Trackbacks
• Share Link

The UK Border Agency has announced  that, in order to assist the increasing number of foreign nationals who must enroll their biometric information (fingerprints and photograph) when they apply to extend their stay in the United Kingdom, in June it will open four additional biometric enrollment facilities. The latest information on the new sites is available on the agency’s webpage on biometric enrollment.

The agency’s announcement notes: “By recording and checking fingerprints and digital photographs against existing records before deciding whether to grant permission to stay, we can strengthen our border and reduce abuse of the system.” The agency has been issuing, since November 2008, compulsory identity cards to foreign nationals from outside the European Economic Area who extend their stay in the UK as partners or students. In March 2009, the agency expanded the scheme to additional applicant categories.

• Email This
• Print
• Trackbacks
• Share Link

The UK Border Agency has announced that passport holders from South Africa, Swaziland, Lesotho, Bolivia and Venezuela who are registered on the Iris Recognition Immigration System (IRIS) will need to re-enroll in order to continue using the IRIS facility. IRIS is a means of border control allowing registered travelers to enter the United Kingdom through automated barriers at certain airports, where a registered person’s identity is confirmed by simply looking into a special camera.

Additional information about the re-enrollment requirement, and about IRIS generally, is available on the IRIS section of the Border Agency’s website.
 

• Email This
• Print
• Trackbacks
• Share Link

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.

• Email This
• Print
• Trackbacks
• Share Link