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

A recent report by the New York Times observes that, as global migration has increased, so has the importance and influence of the International Organization for Migration (IOM), an intergovernmental organization focusing on migration-related issues. IOM, founded in 1951 and comprised of 132 member countries (89 of which joined in the past 20 years), assists governments and individuals. For example, IOM has helped recruit meatpackers for Canada, assisted the U.K. government screen would-be migrants for tuberculosis, and installed microscopes in Bangladesh’s airports to detect passport fraud. Assistance for individuals has included aiding migrants’ repatriation during armed conflicts, and staging folk dramas to warn against sex trafficking.

The Times observes that IOM’s influence varies by location, noting that “[t]he United States and other rich donors largely dictate [IOM’s] agenda and ensure that it does not erode their power to decide which migrants they admit and how many.” In nations whose labor needs are satisfied via migrant workforces, and in nations that supply migrant workers, IOM plays a heightened role in guiding policy and educating and assisting workers. Although some of IOM’s actions have been criticized by policy groups and government officials, with a $1.4 billion budget, it appears that the group, originally established to resettle Europeans displaced by World War II, will remain an active participant in global migration affairs.

Photo credit: Vasare

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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.”

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Coastal Steel and Acoustics became the first company in South Carolina to sign an IMAGE agreement (Immigration and Customs Enforcement Mutual Agreement between Government and Employers), the agency announced. By signing the agreement, the company:

• will receive agency-provided training and education on fraudulent document detection, as well as on proper hiring and anti-discrimination procedures;
• can use E-Verify, the federal electronic employee verification system, and the Social Security Number Verification Service; and
• can become “IMAGE certified” by following the Department of Homeland Security’s Best Employment Practices.

IMAGE was initiated in 2007 to combat unlawful employment and reduce vulnerabilities that help illegal immigrants gain employment in the United States.

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According to the Wall Street Journal, an independent report commissioned by the Department of Homeland Security (DHS) found that E-Verify, the federal electronic employment verification system, may be failing to detect 54% of unauthorized workers processed. According to the 338-page report (pdf), E-Verify experienced difficulty confirming that workers’ identities were their own. The purported reason: identity theft.

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Rep. Kenny Marchant (R-TX) introduced the Mortgage E-Verify Act (H.R. 4586), which requires that mortgagors’ legal immigration status be confirmed by E-Verify as a condition for modification of home mortgage loans issued by Freddie Mac and Fannie Mae, or insured by the Federal Housing Administration. The bill aims to curb mortgage fraud, particularly by illegal immigrants. Mortgage fraud increased 1,411% from 1997 to 2005, according to the U.S. Treasury Department’s Financial Crimes Enforcement division.

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The Wall Street Journal reports that thousands of H-1B visas for fiscal year 2010 remain available. Unlike previous years, when the 65,000 visas available for the year were scooped up by employers within days, factors such as the sagging economy and government investigations into visa fraud have resulted in companies underutilizing the program. Not since 2003—when 323 days elapsed before all fiscal year 2004 H-1B visas were awarded—have visas remained available at such a late stage.

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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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Due to the prevalence of fraudulent visas and passports, the Indian government is planning to install magnifying equipment and ultraviolet lamps at all international airports in order to more accurately verify the authenticity of travel documents. As reported by the Press Trust of India, other steps being taken at India’s international airports are the installation of new computer software (to verify passengers’ passport details) and additional training of immigration officers.

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Department of Homeland Security Secretary Janet Napolitano, speaking at a Senate Judiciary Committee hearing, stated that ensuring jobs for U.S. workers is one of her "top obligations," and that the DHS is increasing its enforcement of the H-1B visa program. As reported by Computerworld, Napolitano cited new fraud prevention tactics—including visits to work sites—implemented over the past month as an example of measures being taken to prevent abuses of the H-1B program. A 2008 study (PDF) by the U.S. Citizenship and Immigration Service, found that as many as one in five H-1B applications were affected by either fraud or "technical violations" of the program.

Napolitano’s comments were in response to a question from Sen. Richard Durbin (D.-Ill.) raising concerns about H-1B visa holders displacing American workers. Durbin is co-sponsor of the H-1B Visa Fraud and Abuse Protections Act (S. 887) (see our previous post), which includes several enforcement provisions such as audits of employers. Napolitano stated that "our top obligations are to American workers, making sure American workers have jobs."
 

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