According to a recent open forum meeting with the U.S. Department of Labor (DOL), the Office of Foreign Labor Certification is currently seeing a 63 percent increase in the number of PERM applications being filed as compared to the previous year. There is a 30 percent increase in the number of audits; a 25 percent [...]
On April 6, 2011, the Social Security Administration’s Commissioner directed the agency to resume sending employer “no-match letters.” It is imperative that employers understand – how an employer responds to the letter can subject the company, its owners, and its human resources executives to severe civil and criminal liability. The new version of the Social Security Administration (SSA) no-match letter [...]
Due to the decrease in the overall employment-based green card demand, particularly in the EB-1 category, the State Department Visa Office is currently estimating that at least 12,000 extra visa numbers will be made available for the EB-2 category this year through reallocation of the unused EB-1 numbers; mostly they will go to India EB-2. Reflecting [...]
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 [...]
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 [...]
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.
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.
With the start of the New Year, many employers in the business community are hoping Immigration and Customs Enforcement (ICE) will make it their resolution to create national uniformity on the preferred way to correct I-9 deficiencies. In the course of self audits, employers may discover errors on their I-9 employer eligibility forms and seek to correct those errors to bring themselves into compliance to the fullest extent possible. Unfortunately, current ICE field guidance is lacking and there is a divergence of opinions among the auditors in different geographic areas regarding how to correct deficient I-9s.
Justice Department Settles Allegations of Immigration-Related Employment Discrimination Against Hoover Inc.
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.
An interesting report was just released by the U.S. Department of Labor which provides labor certification PERM program utilizing data from actual labor certification applications submitted by employers across the country.
The report tells us that in FY 2009, there was a decline in all application submitted and positions certified in permanent labor applications.
In FY 2008, there was a 42 percent decrease from FY 2007 in cases certified. Representing a further decline, however, is FY 2009, where there was a 40 percent decrease from the number of cases certified in FY 2008 (which is actually an 82% decrease from FY 2007). The decrease in permanent labor certifications reflects, in part, the impact the declining economy had on employment in the U.S. Indeed, professional, scientific, and technical services industries, which account for the largest number of permanent certifications in the PERM program, decreased over 37 percent.