Non-immigrant Visas

USCIS Releasing E-Verify Self Check Service on March 21st

Posted March 17th, 2011 // No Comments »

USCIS is releasing the E-Verify Self Check Service on March 21st in selected locations.  A preview can be seen here. Initially, the service will only be offered to individuals that maintain an address and are physically located in Arizona, Colorado, Idaho, Mississippi, Virginia, or the District of Columbia. (According to the USCIS, the system will [...]

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The Role of Federal Government Agencies in Immigration Compliance and Employment

Posted February 16th, 2011 // No Comments »

Tonight, I am moderating a program that I put together for the DC Bar entitled, ”The Role of Federal Government Agencies in Immigration Compliance and Employment.”  There will be seven government speakers which I invited to serve as faculty for this event; this is a great opportunity for people to gain a better understanding of the array [...]

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Shift in Congress to Lead to More Uncertainty for Employers

Posted January 28th, 2011 // No Comments »

Unlike in previous Congresses, the new Republican-controlled Congress has shifted its attention and efforts away from attempting to solve underlying immigration workforce issues and providing certainty for employers seeking compliance with I-9 processes, to instead toward a politically motivated strategy of pure enforcement that will result in downward pressure on all U.S. business, both big and small.

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I-9 Crackdown to Intensify with New ICE Audit Office

Posted January 20th, 2011 // 1 Comment »

In an interview, John Morton, Chief of U.S. Immigration and Customs Enforcement (ICE), a unit of the Department of Homeland Security (DHS), said there will be will be an intensified crackdown on I-9 compliance with the establishment of a new audit office designed to “address a need to conduct audits even of the largest employers with a very large number of employees.” The office would be announced Thursday, he said.

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Justice Department Settles Allegations of Immigration-Related Employment Discrimination Against Hoover Inc.

Posted November 16th, 2010 // 2 Comments »

Recently, the U.S. Department of Justice Department announced that it reached a settlement agreement with Hoover Inc., a leading manufacturer of vacuum and carpet cleaners with facilities in Ohio and Texas, to resolve allegations that Hoover engaged in a pattern or practice of employment discrimination by imposing unnecessary and discriminatory hurdles in the I-9 process upon lawful permanent residents…. As Co-Chair of the American Bar Association (ABA) Section of Litigation, Immigration Litigation Subcommittee, Peter F. Asaad, Esq. is proud to present the second installment of the ABA’s new Lunch and Learn Teleconference Series…. Join us as we highlight specific employer concerns and discuss the implications of recent settlements making headlines around the country with Jennifer Sultan, Acting Special Litigation Counsel, Office of Special Counsel for Immigration-Related Unfair Employment Practices at the U.S. Department of Justice, Civil Rights Division.

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New USCIS Fee Increase: November 23rd

Posted October 18th, 2010 // No Comments »

U.S. Citizenship and Immigration Services (USCIS) is increasing fees for immigration applications and petitions by an overall average of 10%. Although the 10% increase may sound modest, just three years ago USCIS increased the fee by an average of 66%. USCIS contends that the average 10% increase in filing fees are to close a projected $200 million deficit for 2010-2011. According to USCIS, budget cuts of $160 million were not enough to offset the gap between the agency’s projected $2.1 billion in revenue and $2.3 billion in costs. Also unfortunate is that we have seen a marked decrease in the quality and efficiency of adjudications since fees were raised in 2007 by 66%.

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Must an H-1B Employer Pay for Nonproductive Time?

Posted August 26th, 2010 // No Comments »

Employers may not “bench” a full-time or part-time H-1B employee due to lack of work.  H-1B workers must be paid the required wage rate for all nonproductive time caused by conditions related to employment, such as lack of assigned work, lack of a permit, or studying for a licensing exam.  Unlawful benching includes, failure to [...]

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A Peak at Some Possible Changes

Posted August 5th, 2010 // No Comments »

Can USCIS take immigration reform into their own hands without Congressional action to help employers and their international workforce?  Apparently USCIS is considering it. For years, many of us have been saying that USCIS should interpret existing law in more reasonable ways to improve economic growth and achieve significant process improvements so that companies can hire [...]

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Solutions for Short and Long-Term Needs

Posted July 1st, 2010 // No Comments »

Faced with the current economic downturn, increased government work-site enforcement and the aging of the baby boomer generation, there are challenges and opportunities for those employing workers under the H-1B visa program. An employer may employ an H-1B worker full or part-time based upon the employer’s attestation to the Department of Labor (DOL).  The part-time [...]

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