|
Katona & Mir LLP |
|
We build partnerships worldwide. |
|
Immigration Newsletter |
|
On July 26, 2006 CIS announced that it had received enough H-1B petitions from US Master’s degree holders to meet the 20,000 cap for fiscal year 2007. The 65,000 cap for Bachelor’s degree holders was reached on May 6, 2006. Employers now face a black-out period of more than 13 months, during which time they cannot hire any new H-1B employees. This will have a significant negative impact on employers in industries heavily dependant on foreign laborers, including the engineering, IT, health care and educational fields. Both the House and Senate have introduced the “SKIL Bill” (HR 5744/S2691) that would increase the H-1B cap according to a market-driven formula and that would exempt US educated foreign workers from the H1B cap. These bills represent much needed relief. Please write your Congressional representatives in support of this proposed legislation. Email us for information on how to contact Congress. |
|
Congress introduces SKIL Bill Is H-1B relief on the way? |
|
H-1B News |
|
July/August 2006 |
|
Responsibility of Employers to Verify Work Eligibility of Employees Likely to Increase |
|
In Nov. 2005 DHS launched a new phase of its Secure Border Initiative (SBI) that focuses on improving interior enforcement, including the policing of unauthorized employment. Since that time, ICE, the interior enforcement arm of DHS, has raided and is prosecuting numerous employers, including such business giants as WalMart and IFCO Systems. In addition to direct worksite enforcement, ICE seeks to enhance the responsibility of US employers to police its own workforces. Measures designed to accomplish this include the following: · On June 14, 2006, ICE published a proposed rule that would require employers to follow certain “safe harbor” procedures if they receive a ‘no-match’ letter from the Social Security Administration (SSA) (ie, stating that a referenced employee’s SSN as submitted by the employer does not match SSA records) or a similar notice from DHS. The “safe harbor” procedures would require employers to take action to resolve the discrepancy within 14 days from receipt of the notice. If the discrepancy is not resolve within 60 days, the employer would have to execute a new I-9 form. If after taking these steps, the discrepancy remains, the employer would be required to terminate the employee. If an employer does not follow these procedures, it will be deemed to have constructive knowledge that the employee lacks work authorization and may be subject to civil penalties, and perhaps criminal penalties if the violations are sever enough. · On June 15, 2006, ICE published an interim rule permitting employers to retain their I-9 records in electronic format (previously, employers were required to retain paper records). This rule relieves some burden on employers but also provides less reason for failure to comply—and thus opens employers up to more potential violations under I-9 rules. · In December 2004, the DHS announced that it was expanding to all 50 states its pilot Employment Verification Program, which allows employers to use an automated Internet-based system to run employment authorization checks against DHS and SSA databases. After a vigorous push to solicit employer participation in this program, on July 25, 2006 CIS announced that over 10,000 employers are participating in this program. Further, the President’s 2007 budget requests $110 million in new funding to expand this program. Numerous bills introduced in Congress have sought to mandate participation in this program by all US employers. |
|
K&M can help you ensure that your business is in compliance with all federal regulations. Please email us for additional info. |
|
On July 18, 2006 the Board of Alien Labor Certification Appeals (BALCA) issued a decision in Matter of HealthAmerica, vacating the denial of the labor certification ordered by the Dept. of Labor for what later turned out to be a typographical error made in the application form. In summary, DOL ordered an automatic denial of a labor certification application because the application form indicated that the sponsoring employer had not complied with federal regulatory requirements for advertising. In fact, the employer had complied but inadvertently filled out the form incorrectly. This oversight was evidenced in the employer’s motion to reconsider, but DOL denied the MTR holding that the employer was not permitted to introduce new evidence. BALCA held that evidencing actual advertisement activities is not new evidence and that the employer’s MTR should be granted and its labor certification adjudicated. |
|
A Victory for PERM (Labor Cert) Beneficiaries |
|
K&M successfully secured visas for 60 performers from the Kang Sun Young Dance Co, one of South Korea’s most renown traditional dance troupes, which performed at the Lincoln Center on Aug. 8, 2006. |
|
© 2006 Katona & Mir LLP Katona & Mir LLP │ 49 West 37th Street, 7th Floor │ New York, NY 10018 Phone: (212) 944-1529 │ Fax: (212) 553-7370 │Email: Inquiry@KatonaMir.com www.KatonaMir.com This publication is designed to provide information on the subject matters addressed. It is distributed with the understanding that the publication is not intended to render legal or other professional advice. If such expert advice is needed, readers are encouraged to consult with an attorney to secure a formal opinion. Neither the publisher nor its contributors are responsible for any damages resulting from any error, inaccuracy, or omission contained herein To remove your name from our mailing list, please click here |