• USCIS Performs Site Visits 
  
  US Citizenship and Immigration Services (USCIS) has started performing site visits for companies that have filed for H1-B and L-1 visa classifications for foreign workers. USCIS inspectors are issuing requests to confirm the identity of the foreign beneficiary, the existence of the employer, duties performed are the ones declared to the Service and that the salary received matches the salary disclosed in the application. (Available at www.aila.org)
   
• SC DLLR  Performs Site Visits at Targeted Industries 
  
  The South Carolina Department of Labor and Licensing Regulation (SC DLLR) has begun auditing South Carolina employers employing over 100 workers to determine compliance with the South Carolina Illegal Immigration Reform Act (SCIIRA). Inspectors are appearing unannounced without subpoena at places of employment requesting to review records and interviewing employees. Requests for verification of work authority preceding the effective date of the Act for employers of 100 or more persons are being made. Targeted industries include  Agriculture, Forestry, Fishing and Hunting; Construction; Manufacturing; Wholesale Trade; Retail Trade; Transportation and Warehousing; Information; Real Estate and Rental and Leasing; Administrative and Support and Waste Management and Remediation Services;  Health Care and Social Assistance; Arts, Entertainment, and Recreation ; Accommodation and Food Services (Available at  www.llr.state.sc) (Editor's Comment: SCIIRA contains several provisions which are questionable  by denying constitutional due process to an employer)
   
• Biometrics Appointment Cancellations Sent in Error
  
  Some applicants may have received cancellation notices for appointments originally scheduled between July 6, 2009 and July 10, 2009. Such notices were issued due to a system error; therefore, USCIS will send out new notices with new dates and times. (http://www.uscis.gov)

• ICE Issued 625 Notices of Inspection
  
  On July 1, 2008, ICE issued Notices of Inspection (NOIs) to 652 businesses nationwide. The purpose of such notices is to inspect companies' business records to determine whether they are complying with employment eligibility verification laws and regulations. (14 IB 833; July 15, 2009)
  
  
• USCIS Issues New Education, Experience and Training Requirements for Foreign Physicians
  
  USCIS has issued a memorandum providing guidance on adjudication of the I-140 Petition for Alien Worker filed for certain physicians. [Donald Neufeld, Revisions to Adjudicator's Field Manual (AFM) Regarding Certain Alien Physicians, (June 17, 2009), Available at www.uscis.gov]
   
• USCIS Changes Procedures to Reschedule Biometrics Appointments for Reentry Permits
  
  The Nebraska Service Center of USCIS has revised its procedures for rescheduling biometrics appointments for reentry permit applications. A reentry permit application will be denied if the applicant does not have his biometrics taken within 120 days from filing. Applicants who file multiple rescheduling requests but fail to have their biometrics taken within 120 days will likely face a denial. (Available at www.uscis.gov)

• Court Orders USCIS To Accept Concurrently Filed Religious Worker Adjustment Applications
  
  The U.S. Court of Appeals for the Ninth Circuit ruled that USCIS has the authority to revoke its previous approval of any visa petition at any time for "good and sufficient cause." The court found that the fact the plaintiff changed jobs after the filing of her Form I-140 Immigrant Petition for Alien Worker ("portability") did not shield her from having her previously approved I-140 revoked. The Court justified such rule by stating that ruling otherwise would have led to an undesirable result never intended by Congress. All I-140 applicants that never changed jobs would suffer the consequences of a revocation of such application while those that changed jobs while the Form I-140 was pending will be immune from revocation.  [Herrera v. U. S. Citizenship and Immigration Servs. No. 08-55493, slip op., (9th Cir., July 6, 2009]
   
• Parties Cannot Request Evidence on Other Party's Immigration Status
  
  Plaintiffs filed a claim pursuant to the Fair Labor Standards Act. During discovery the Defendants requested evidence to prove their right to work. The court held that such request was impermissible as that information was irrelevant to the question as to whether the Plaintiffs were employees covered by the FLSA. Furthermore, such request would have unwarranted in terrorem effect. [14 BIB 864; July 15, 2009; Trejos v. Edita's Bar & Restaurant, Inc., 2009 U.S. Dist. LEXIS 21239 (E.D.N.Y. Mar. 17, 2009)]
   
• Waiver of Inadmissibility Based on Extreme Hardship
  
  Applicant was granted waiver when it proved that if he were removed to China, his US father would have suffered extreme hardship due to his physical and mental health.  The applicant's US family ties outweighed the applicant's past presentation of a false passport at the time he entered the US for the first time. [14 BIB 867; July 15, 2009; Matter of Change, A 70 010 615 (AAO Mar.4, 2009)]

• United Kingdom
  
  Due to the economic downturn that has affected the UK economy; the UK government has decided to increase restrictions for those employers that would like to hire foreign workers. Since March 31 2009 all employers, who wish to sponsor foreign nationals under Tier 2 of the Points-Based System, have to advertise the position through JobCentre Plus (the government employment agency). The only exception is where the position offered is one included in the Shortage Occupation List issued by the UK Government. Due to these changes, highly skilled foreign-national professionals seeking to enter and work in the UK under Tier 1 will have to meet more stringent educational criteria and show higher prior earnings to receive more points and eventually qualify. (Davies & Goldfoot, Using Migration as a Weapon in the Fight against the Economic Downturn http://www.internationallawoffice.com/Newsletters/detail.aspx?g=8e4d3000-d411-42d5-9086-b7527dea5d3d.)

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