• ICE To Audit Employers' I-9 Records
  
  U.S. Immigration and Customs Enforcement (ICE) is launching a new audit initiative that will involve the auditing of 652 businesses nationwide to determine whether the audited employers are in compliance with employment eligibility verification laws and regulations.
  The names of the 652 businesses chosen have not been revealed. In 2008, ICE sent out 503 similar notices. Therefore, the number of employers affected in 2009 has substantially increased. Employers found not to be in compliance will be sanctioned. (Available at http://www.ice.gov/pi/nr/0907/090701washington.htm)

• Secretary Napolitano Strengthens Employment Verification with Administration's Commitment to E-Verify
  
  Department of Homeland Security (DHS) Secretary Janet Napolitano announced that the Federal Government will only award federal contracts to employers who enroll and use E-Verify to check their employees' work authorization documents as required under federal regulations. (Available at http://www.dhs.gov/ynews/releases/pr_1247063976814.shtm)   

• Employers Should Continue To Use Current Form I-9 After June 30, 2009
  
  The U.S. Citizenship and Immigration Services (USCIS) has announced that the Employment Eligibility Verification Form I-9 (Rev. 02/02/09) should be used past its originally planned expiration date of June 30, 2009. The Office of Management and Budget (OMB) is in the process of approving its continued use at which point the revision and expiration dates will be updated. Therefore, employers should continue to use Form I-9 (Rev. 02/02/09) until OMB makes its final decision. (Available at http://www.uscis.gov)
   
• H-1B Cap Update
  
  As of July 10, 2009, USCIS has received 44,900 petitions against the 65,000 H-1B visas available for Fiscal Year 2010. This number is actually lower than previously announced, presumably due to some of the earlier petitions being withdrawn or denied. Therefore, employers can still file H-1B petitions. (Available at http://www.aila.org)
   
• Federal Contractor Rule on E-Verify Postponed Again
  
  The proposed federal rule that requires federal contractors to use the E-Verify program has the effective date postponed until September 8, 2009. (86 IR 1662; June 15, 2009)
   
• USCIS Resumes Premium Processing Services For Many I-140 Petitions
  
  USCIS announced that starting June 29, 2009 it has resumed Premium Processing Services for Form I-140, the Immigrant Petition for Alien Worker, Form I-140 for EB-1 Aliens with Extraordinary Ability, EB-1 Outstanding Professors and Researchers, EB-2 Members of Professions with Advanced Degrees or Exceptional Ability that are not seeking a National Interest Waiver, EB-3 Professionals, EB-3 Skilled Workers, and EB-3 Workers other than Skilled Workers and Professionals. (Available at www.uscis.gov) 
   
• DHS Begins Exit Pilot Test Of Fingerprint Collections At Two Airports
  
  The Department of Homeland Security (DHS) has begun collecting digital fingerprints from non-U.S. citizens departing the United States from two major airports: Hartsfield-Jackson Atlanta International Airport and Detroit Metropolitan Wayne County Airport. Therefore, non-U.S. citizens departing from the above-mentioned airports will have their fingerprints collected before boarding their flights. (86 IR 1661; June 15, 2009)
  
   

• Court Orders USCIS To Accept Concurrently Filed Religious Worker Adjustment Applications
  
  The U.S. District Court for the Western District of Washington has found that concurrent filing on behalf of religious workers for adjustment of status is permissible. The prohibition to concurrently file Form I-360 and adjustment of status has been declared invalid and unenforceable. (Ruiz-Diaz v. United States, No. C07-1881RSL (W.D. Wash. June 11, 2009))
   
• AAO Sustains Appeal for Multinational Manager Permanent Residency Petition (EB-1)
  
  The AAO sustained an appeal from a denial of an employment-based immigrant visa petition for the position of marketing director for a consumer electronics company. Originally the petition was denied because the officer concluded that the beneficiary appeared to be more of a supervisor than a manager. On appeal, the AAO determined that, since the marketing communications manager who had a master's degree, 15 years of experience and directed the work of three outside agencies, reported as subordinates of the beneficiary, these facts were sufficient to conclude that the beneficiary performed more like a manager than a supervisor. (86 IR 1737; June 22, 2009; Matter of [name withheld], File No. LIN 07 060 50083, 2009 WL 1450548 (AAO Jan. 6, 2009)).  

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