What can employers learn from Infosys’ recent settlement with federal prosecutors? Ultimately, the more conservatively one follows the immigration law, the more limited one’s interest may be. The government alleged that Infosys misused B-1 visitor visas – inexpensive, for short term stays, and for a narrowly-defined range of commercial activities – to bring foreign workers to the United States to perform skilled labor, for long periods of time, that should have required H-1B visas. It alleged that Infosys submitted false statements to deceive U.S. consular officials into granting B-1 visas to workers, and Customs and Border Protection officers into granting them entry to the United States. This included letters stating the purpose of travel as “meetings” when the true purpose was activities not authorized under a B-1 visa. The government also alleged that Infosys directed the workers themselves to take part in the deception. Infosys did not admit to the allegations of fraud and misfeasance, but agreed to a fine of $34 million.
Locating Form I-94 on www.cbp.gov
U.S. Customs and Border Protection (CBP) has now fully implemented the automation of Form I-94 at all air and sea ports. On entering the United States a foreign national no longer receives a paper copy of Form I-94. Instead, they must visit the CBP website at www.cbp.gov/I94, enter their personal details, and print a copy of their I-94 there. CBP has advised doing this after each entry into the U.S., because their system does not currently store data on any entry other than the most recent one. It does not appear that CBP’s eventual expansion of I-94 data retention will encompass more than five years of entries in any case.
Instructions for the 2015 Diversity Visa Lottery Program now available
News Release from Jewell & Associates, PC
The U.S. Department of State’s instructions for the 2015 Diversity Immigrant Visa Program (DV-2015) are now available. Entries for the DV-2015 program must be submitted electronically between October 1 and November 2, 2013. Changes in eligibility this year: For DV-2015, natives of Nigeria are ineligible. Eligibility requirements and entry instructions are on the U.S. Department of State’s DV lottery web site: http://travel.state.gov/visa/immigrants/types/types_1322.html.
The congressionally mandated Diversity Immigrant Visa Program is administered annually by the Department of State under Section 203(c) of the Immigration and Nationality Act (INA). This law provides for a class of immigrants known as diversity immigrants, with visas made available to persons from countries with historically low rates of immigration to the United States. For fiscal year 2015, 55,000 diversity visas will be available.
© Jewell & Associates, PC 2013
J&A welcomes its most recent Certified Specialist
News Release from Jewell & Associates, PC
Jewell & Associates is pleased to announce that lawyer Claire S. Hulse has been accorded the status of a "Certified Specialist, Immigration & Nationality Law" by the California State Bar Board of Legal Specialization. This is a rare distinction that only 33 immigration lawyers in San Francisco have achieved (including J&A Managing Attorney and Founder, Phyllis Jewell). The legal specialization process is wholly voluntary, and it is arduous, requiring a written exam, professional references, and case experience that includes the full range of immigration matters, from contested deportation/removal to naturalization. Very hearty congratulations to Claire!
© Jewell & Associates, PC 2013
DOL online labor certification registry now live
News Release from Jewell & Associates, PC
In January the Department of Labor (DOL) announced that it would make copies of various documents submitted to it by employers available to the public in a searchable Labor Certification Registry (LCR). These include documents submitted in PERM labor certification, H-1B, H-1B1, H-2A, H-2B, and E-3 cases.
On July 1, 2013, the LCR went live, providing public access to redacted copies of documents related to these cases. For PERM labor certifications DOL will redact the employer’s and employee’s names, but not the position’s job description, minimum requirements, salary, prevailing wage, or worksite address. DOL will also not redact company contact information, such as the name of the individual listed as the company contact on the labor certification and his or her e-mail address, or information about the employer and employee’s attorney.
You can access the LCR here, and read DOL’s Federal Register notice here.
By Christopher Beckerson. © Jewell & Associates, PC 2013
H-1B Cap update – USCIS reports 124,000 H-1B petitions received
News Release from Jewell & Associates, PC
Today USCIS announced that it received approximately 124,000 H-1B petitions between April 1 and April 5. It was the first time the statutory H-1B cap of 85,000 (including 20,000 available under the advanced degree exemption) was reached within the first week of the filing period since 2008.
On April 7 USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the cap. USCIS says that it conducted the selection process for advanced degree exemption petitions first; all advanced degree petitions not selected were then made part of the random selection process for the 65,000 limit. Any petitions not randomly selected will be rejected and returned with the filing fees.
© Jewell & Associates, PC 2013
H-1B Cap reached, lottery triggered
News Release from Jewell & Associates, PC
U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the U.S. advanced degree exemption. USCIS will not accept H-1B petitions subject to the FY 2014 cap or the advanced degree exemption after today.
USCIS will use a computer-generated random selection process (commonly known as the “lottery”) for all FY 2014 cap-subject petitions received through April 5, 2013. The agency will conduct the selection process for advanced degree exemption petitions first. All advanced degree petitions not selected will be part of the random selection process for the 65,000 limit. Due to the high number of petitions received, USCIS is not yet able to announce the exact day of the random selection process. Also, USCIS will not currently provide the total number of petitions received, as it continues to accept filings through April 5th.
USCIS will provide more detailed information about the H-1B cap next week.
© Jewell & Associates, PC 2013
New I-9 Form mandatory as of May 7, 2013
News Release from Jewell & Associates, PC
USCIS has revised the Employment Eligibility Verification form (Form I-9) that employers use to verify the identity and employment eligibility of employees. The new I-9 bears a revision date of ``(Rev. 03/08/13) N'' and has been available for use since March 8, 2013. Prior versions of Form I-9 -- (Rev. 08/07/09) Y and (Rev. 02/02/09) N -- can no longer be used by the public effective May 7, 2013.
According to USCIS's notice in the Federal Register (78 FR 15030, 3/8/13), the newly revised Form I-9 makes several improvements designed to minimize errors in form completion. The key revisions to Form I-9 include:
- Adding data fields, including the employee's foreign passport information (if applicable) and telephone and email addresses.
- Improving the form's instructions.
- Revising the layout of the form, expanding the form from one to two pages (not including the form instructions and the List of Acceptable Documents).
Note that employers do not need to complete the new Form I-9 (Rev. 03/08/13)N for current employees for whom there is already a properly completed Form I-9 on file, unless re-verification applies.
© Jewell & Associates, PC 2013
DOL announces online labor certification registry
News Release from Jewell & Associates, PC
The Department of Labor (DOL) has announced that it will make copies of H-1B, H-1B1, E-3, H-2A, H-2B, and PERM labor certification documents, as submitted by employers, available to the general public through its iCERT system in a searchable Labor Certification Registry (LCR).
The LCR will provide access to copies of labor certification and labor condition application (LCA) documents in a single location. Public access to the LCR will begin on July 1, 2013. It will provide the following features:
- An interactive map displaying all labor certification and LCA documents posted within the last 30 calendar days;
- A “quick search” feature allowing queries by employer name, job title, industry, state or territory, zip code radius, and/or visa classification;
- An advanced search feature allowing queries by occupation, industry, education and training, range of wage offers, worker positions requested, and dates of employment;
- Search results in table format with sortable column headings, the ability to filter the search results, and quick links to view or download the document; and
- Access to OFLC's latest program performance reports and case file datasets to allow in-depth statistical research and analysis.
DOL’s stated aim for the LCR is to provide extra transparency for the labor certification system while protecting information in compliance with privacy and confidentiality statutes. Data to be redacted in the documents should include the employer’s Federal Employer Identification Number and revenue, and the name, address and class of admission of the foreign worker.
For more information see the Federal Register, here.
By Christopher Beckerson. © Jewell & Associates, PC 2013