March 24, 2009
Immigration Compliance Bulletin — Vol. 2, No. 3
March 2009 – Vol. 2, No. 3
GOVERNMENT RULES, NOTICES AND ANNOUNCEMENTS
- Government Delays Mandatory E-Verify Use by Federal Contractors Again
Mandatory E-Verify use by federal contractors has been delayed again to May 21, 2009 in order to give the Obama Administration an opportunity to review the law. (86 IR 322; February 2, 2009).
- USCIS Updates Several Forms(131,192,526,601,730,765,400,639,140,485,829,865,600)
USCIS has recently issued several updated forms. You can find the following forms on USCIS’ website at www.uscis.gov: Form I-131 (Application for Travel Document dated October 30, 2008); Form I-192 (Application for Advance Permission to Enter as Non Immigrant dated January 15, 2009); Form I-526 (Immigration Petition by Alien Entrepreneur dated December 16, 2008); Form I-601 (Application for Waiver of Grounds of Inadmissibility dated October 30, 2008); Form I-730 (Refugee/Asylum Relative Petitioner dated January 7, 2009); Form I-765 (Application for Employment Authorization dated October 30, 2008); Form N-400 (Application for Naturalization dated January 22, 2009); Form G-639 (Freedom of Information/Privacy Act Request dated February 4, 2009); Form I-140 (Immigrant Petition for Alien Worker dated December 31, 2008); Form I-485 (Application to Register Permanent Residence or Adjust Status dated December 16, 2008); Supplement A to Form I-485 (Adjustment of Status Under Section 245(i) dated December 18, 2008); Form I-829 (Petition by Entrepreneur to Remove Conditions dated December 16, 2008); Form I-865 (Sponsor’s Notice of Change of Address dated October 28, 2008); Form N-600 (Application for Certificate of Citizenship dated December 31, 2009). (86 IR 340-342; February 2, 2009); (86 IR 4497-500; February 13, 2009)
- Stimulus Bill: the H-1B Dependent Business Provision Remains
Title XVI, §1611 establishes the Employ American Workers Act. According to such Act, an entity receiving governmental funds (i.e. TARP funds) is not allowed to hire non-immigrants unless the entity itself is in compliance with the statutory requirements for H-1B dependent employer. Furthermore, it provides that such entity must attest that it has made good faith efforts to recruit similarly qualified US workers at the same or higher pay than the one offered to the H-1B worker. (86 IR 477-8; February 13, 2009).
- Premium Processing Expanded to (I-140s)
Starting March 2, it is possible to apply for premium processing service for Forms I-140 filed on behalf of beneficiaries who have reached or are about to reach their limitation of stay in H-1B status. Upon payment of $1000, premium processing service offers 15 days in which the USCIS will issue an approval or a denial notice, a notice of intent to deny, or a request for further evidence or open an investigation for fraud or misrepresentation. (14 BIB 345; March 15, 2009)
- USCIS Updates Guide to Naturalization
USCIS updated its Guide to Naturalization which reflects the new requirement that applicants are required to submit Form N-400, the Application for Naturalization, to a USCIS lockbox for processing. The English version of this publication is available online at www.uscis.gov/natzguide.
SIGNIFICANT CASE DECISIONS
- Fifth Circuit Holds that FLSA Does Not Obligate Employer to Reimburse H-2B Workers’ Expenses
The U.S. Court of Appeals for the Fifth Circuit held that, although the FSLA applies to H-2B non-agricultural workers, the employer is not obliged to pay for such guest workers’ transportation, visa or recruitment expenses which they sustained before relocating at the employer’s place of business. (86 IR 570; Castellanos-Contreras v. Decatur Hotels, LLC, 2009 WL 324636 (5th Cir. Feb. 11, 2009).)
- Judicial Review of Consular Denial of Non-Immigrant Visa
The U.S. District Court for the District of Massachusetts held that the court may review consular denials of nonimmigrant visas when the denial impacts First Amendment Rights of affected persons within the United States. (14 BIB March 15, 2009; American Sociological Association v. Chertoff, 2008 U.S. Dist. LEXIS 99844 (D. Mass. Dec. 8, 2008).)
Sources
IR-Interpreter Releases; IB-Bender’s Immigration Bulletin; American Immigration Lawyers Association Monthly Journal; AILA - American Immigration Lawyer’s Association
The articles published in this newsletter are intended only to provide general information on the subjects covered. The contents should not be construed as legal advice or a legal opinion. Readers should consult with legal counsel to obtain specific legal advice based on particular situations.