 | | Welcome to the inaugural issue of our monthly newsletter. This is a complimentary service to clients and friends of the Firm to keep you informed of immigration law developments that may affect you or your organization. Please contact Irina B. Plumlee or Julie S. Wade with your comments and questions. WELCOME BACK: Many of you have been receiving our immigration updates for a few years and we appreciate our readership and the excellent questions you send our way. We also welcome our new readers that are joining us for this first immigration newsletter issue that marks the start of our tenure at Munsch Hardt. Whether you are a regular reader or have received this newsletter for the first time, please let us know your questions or comments – we would like to make this publication relevant and interesting for you. |  | Department of Homeland Security (DHS) Update: -
H-1B Visas Gone, But... Per the U.S. Citizenship and Immigration Services (USCIS), all of the H-1B visa numbers for professional workers have been used up for the current government fiscal year. However, all is not lost if you are looking to bring in new hires for an immediate employment start date. A few additional visa categories include TN (for Canadian and Mexican nationals), E-3 (for Australian citizens), and, in, some cases, E, L, J-1, or H-3 visa categories offer a solution. Additionally, with a new H-1B filing season starting on April 1, it is time to consider your work visa needs for the government's fiscal year starting October 1, 2012. Discuss your immigration needs and visa options with your immigration counsel to assure you have an action plan in place. -
The USCIS has proposed a new rule pertaining to the process for filing and adjudication of waiver of inadmissibility applications filed by beneficiaries of immediate relative immigrant visa applications. Under the current regulations, even the immediate relatives of U.S. citizens who would be eligible for adjustment of status proceedings in the U.S., but for having entered this country unlawfully, have to undergo waiver application processing at a U.S. consulate abroad. The waiver application is ridden with uncertainty and, if denied, may leave a foreign national barred from returning to the U.S. for 3 or even 10 years. The proposed rule would allow certain immediate relatives of U.S. citizens to request provisional waivers, prior to departing the U.S. for consular processing, thus, making the process more predictable and faster. | | Immigration Enforcement News: -
The U.S. Department of Justice (DOJ) has recently reached a settlement with a ship repair company, BAE Systems Ship Repair Inc., concerning allegations that BAE's subsidiary engaged in a pattern or practice of discrimination in its employment eligibility verification procedures. Allegedly, the subsidiary, BAE Systems Southeast Shipyards Alabama, LLC (BAE Southeast), imposed additional documentary requirements upon non-U.S. citizen hires when completing their Form I-9 employment eligibility verification. Specifically, the government alleged that BAE Southeast required lawful permanent residents to present their Permanent Resident Cards or "Green Cards" as a condition of hire, which is unlawful since employees have a right to choose documentation they present for I-9 purposes. According to the settlement agreement, BAE committed to establishing proper employment eligibility verification procedures, providing training to its HR personnel, and submitting Forms I-9 for the government's inspection for three (3) years. Additionally, BAE had to pay a $53,900 fine and reinstate and fully compensate the employee suspended as a result of improper employment verification practices. | | E-Verify Update: -
The New Year added more states to the roster of those with state-specific E-Verify laws in effect, including Alabama, Georgia, Louisiana, South Carolina and Tennessee. With more and more states passing legislation related to E-Verify, an employer must be aware of the timing requirements in each state where it does business. No longer purely voluntary, E-Verify is mandatory not only for qualifying federal contractors, but also for employers with employees in many states and municipalities around the country. -
As U.S. employers find themselves between "a rock and a hard place" where it concerns compliance with government-mandated employment eligibility verification procedures while also steering clear of discrimination claims, developing appropriate I-9 procedures is of paramount importance. Consult your immigration counsel to ensure your practices are in compliance with the latest government guidelines. | | © Munsch Hardt Kopf & Harr PC 2012, All Rights Reserved. This newsletter is not intended to establish an attorney-client relationship. All information contained in this newsletter is general and does not constitute legal advice. | | |  Immigration |
