• ICE and Federal Law Enforcement Train 287(g) Officers

ICE announced that 37 local officers representing eight different law enforcement departments (including VA, FLA, SC, GA, NC, and COLO) will be trained on how to enforce immigration law and how to use DHS' databases to identify criminals and immigration violators. USCIS, News Releases available at www.ice.gov (last visited on June 18, 2008) 
 

• DOS Issues Final Rule Adopting Student Internship Program

Foreign national students in accredited post-secondary academic institutions outside of the US can participate in internships offered by colleges and universities but the length of the internship may not be longer than 12 months per degree level; those who change majors can apply for a subsequent internship but must return to prior academic studies to complete their degrees. (85 IR 1797; June 23, 2008)

• DOL issues Guidance on Attorneys' Role in Labor Certifications

According to a US DOL release, the PERM rules provide attorneys cannot interview or determine the suitability of US workers' credentials for labor certification purposes unless the attorney is the one that the employer routinely uses to perform such functions. After the employer interviews a US worker and determines that applicant is unqualified, the employer may consult with its attorney to verify the reasons for rejection are lawful. If the employer determines the US worker is qualified, the attorney cannot substitute his judgment for that of the employer. (85 IR 1748-9; June 16, 2008) 

• USCIS To Begin Issuing Two-Year Employment Authorization Documents (EADs)

Starting June 30, 2008 USCIS will issue EADs valid for two years to those individuals who have filed to become a lawful permanent resident (LPR), have filled out Form I-485 and have filed for employment authorization under 8 CFR §274.a.12(c)(9), but could not become LPRs because immigrant visa numbers are not currently available. (85 IR 1715; June 16, 2008) 

• USCIS Announces Resuming of Premium Processing for Certain I-140 Petitions

Starting June 16, 2008, USCIS will resume accepting Premium Processing applications for Form I-140s filed on behalf of certain foreign national workers who: (1) are currently in H-1B status; (2) whose sixth year will end in 60 days; (3) who are only eligible for a further extension of their status under §104(c) of the American Competitiveness in the Twenty Century Act of 2000 (AC21); and (4) who are ineligible to extend their status under AC21 §106(a). (85 IR 1719; June 16, 2008)

• President Bush Orders All Federal Contractors to Use E-Verify System

On June 6, 2008, President Bush issued Exec. Order No. 13465 in which he directs all federal agencies to require their contractors to use E-Verify to verify the employment eligibility of all individuals hired by such agencies during the term of the contract with the federal government. (85 IR 1720; June 16, 2008)

• USCIS Revises Language in Form I-751 Transfer Notices

USCIS announced on June 5, 2008 that it will revise the language present in Form I-751 transfer notices since the present version may cause petitioners to mistakenly believe their case has been approved. (85 IR 1646; June 9, 2008)
 

• Employer Owes Backpay to Employees Discharged for Failing to Clarify SSN Mismatch; Constructive Knowledge of Violation Not Imputed by SSN Mismatch

Where employer Aramark received a Social Security Administration (SSA) "no-match" letter reporting that 48 of its employees had Social Security Numbers (SSNs) that did not match the SSA database and gave employees only 7-10 days to correct the mismatches and terminated those employees that did not comply, the Ninth Circuit Federal Court of Appeals held that the discharged employees were entitled to back pay and that, "Aramark has not established constructive knowledge of any immigration violations. Constructive knowledge is to be narrowly construed in the immigration context and requires positive information of a worker's undocumented status. . . .[T]he employees' failure to meet the deadline simply is not probative enough of their immigration status to indicate that public policy would be violated if they were reinstated and given backpay."
[Aramark Facility Services v. Service Employees Intern. Union, Local 1877, AFL CIO, 2008 WL 2405677 (9th Cir. June 16, 2008)]

• Denial of I-140 – Abuse of discretion

Chu Investment, Inc. ("Chu Investment") appealed a judgment from the US District Court for the Central District of California which denied a Form I-140 and Form I-129 filed by Chu Investment for a manager/executive. On appeal, the court held that the officer abused his discretion when he based his denial on the fact that the employees the beneficiary would have managed were not professionals and that he would have done menial day-to-day tasks. In fact, according to the court, there is no requirement in the statute that obliges managers to manage only professionals or that he has to perform exclusively managerial functions. [13 BIA 699; June 1, 2008; Chu Investment, Inc. v. Mukasey, 2007 U.S. App. LEXIS 27851 (9th Cir. Nov. 27, 2007)] 
 

Sources: IR-Interpreter Releases; IB-Bender’s Immigration Bulletin; American Immigration Lawyers Association Monthly Journal; AILA - American Immigration Lawyer’s Association