Posted On: October 14, 2009

DHS Publishes Report Documenting ICE Detention Practices

Dr. Dora Schriro, an expert on correctional policies and former Director of the Immigration and Customs Enforcement’s (ICE) Office of Detention Policy and Planning within the Department of Homeland Security (DHS), has published a report about ICE’s immigration detention system. In the report, she provides a comprehensive review and evaluation of the current system and makes recommendations for changes that will improve the system, including changes regarding alternatives to the detention system. Below is a link to the DHS press release, which also includes a link to Dr. Schriro's report:

http://www.dhs.gov/ynews/releases/pr_1254839781410.shtm

Posted On: October 13, 2009

ICE Worksite Enforcement Getting Tighter

The Immigration and Customs Enforcement (ICE) division of the Department of Homeland Security is charged with enforcement of U.S. customs and immigration laws. In the last several months, the agency has been cracking down on illegal workers through large-scale raids of business premises where the workers are located. These raids have largely focused on the workers and not the employers. ICE is now teaming up with Form I-9 auditors and others to target employers specifically through civil fines and, in some cases, criminal prosecution. Employers can protect themselves by ensuring that all employees are authorized to work in the U.S. and by keeping diligent Form I-9 records that can be produced easily for ICE investigators. If you have any questions and concerns about whether your company, organization or agency could be the target of ICE worksite enforcement, please don’t hesitate to contact our office.

Posted On: October 12, 2009

Charina Garcia to Speak at Web Seminar About Employment-Based Immigration

Full Service Representation:
Advising H.R. Managers on Employment-Based Immigration
from Interview to Termination

Thursday, October 15, 2009
2PM EST / 11AM PST
$129 for AILA Members / $169 for non-AILA members
You must register by Wednesday!

Questions about this Seminar?
Contact the AILA National Office (9:00 am-5:30 pm eastern)
via e-mail: conferences@aila.org or call: 202-507-7644

Nonimmigrant petitions, PERM, I-140s, reductions in force, I-9 compliance, USCIS site visits...now more than ever, the business immigration attorney must truly offer "full service representation." You must be prepared to advise employer clients and human resources professionals on a range of immigration-related questions and issues that can arise at any time throughout the employer-employee relationship. Are you ready for the challenge?

From interview and hiring to termination, get insight about the role you can and must play in advising your clients during AILA's Full Service Representation: Advising H.R. Managers on Employment-Based Immigration from Interview to Termination web seminar.

The discussion will cover the following:

• The Interview-Permissible and Impermissible Questions, and Determining Whether an Applicant Will Need Sponsorship

• Sponsorship for Initial or Extension NIV-Is the Company Obligated After an Offer Is Made or the Employee Has Started?

• Developing a Corporate Immigration Policy-Timing, Fees and Repayment Provisions

• Steps the Employer Should Take During a Mandatory Company-Wide Shut Down/Furlough or Salary Reduction

• Termination-Notice to the Employee, USCIS and Return Transportation

• What Happens to a Pending PERM Application, I-140 or Adjustment of Status Application When an Employee Is Terminated?

There will also be a Q & A session at the end of the seminar.

FACULTY

Carl Falstrom (dl)

Law Office of Carl Falstrom, New Orleans, LA

Carl Falstrom practices immigration law in New Orleans. He received his bachelor's degree from the University of Chicago and his law degree from the University of California, Hastings College of the Law. He is a former AILA chapter chair and has served on a number of AILA liaison, program, and other committees.

Charina P. Garcia

Cornerstone Law Group, Oakland, CA

Charina P. Garcia is a principal of Cornerstone Law Group, a multi-service legal practice firm, located in San Francisco. She earned her J.D. from the University of Washington in Seattle and a bachelor's degree in economics from the University of California, Berkeley. She has been a panel speaker at numerous AILA conferences on family and employment based immigration topics.

Jeffrey A. Snyder

Thoits, Love, Hershberger & McLean, Palo Alto, CA

Jeffrey A. Snyder has been with Thoits, Love, Hershberger & McLean since 1990, and a shareholder since 1997. As head of the firm's employment law team, and a member of the litigation group, Mr. Snyder represents companies and executives in employment litigation, administrative board actions, workplace investigations and mediations. He also advises companies in their daily operations, including human resources counseling, sexual harassment and discrimination issues, wage & hour and compensation disputes, severance pay issues and terminations. Mr. Snyder also handles cases involving intellectual property rights (trade secrets), non-compete agreements, other employment contract disputes, and related insurance coverage issues. He has appeared many times before the California and federal courts, EEOC, DFEH and the Department of Labor's Division of Labor Standards Enforcement (DLSE).

Posted On: October 12, 2009

New Citizenship Test Required Starting 10/01/2009

The USCIS created a new English and Civics test for naturalization applicants in 2008, which applicants have had the option of taking instead of the old one. Beginning 10/01/2009, all applicants must take the new test and will not have an option. See this link for more details about this new requirement and also self-study materials and practice questions:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=dd7ffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=dd7ffe9dd4aa3210VgnVCM100000b92ca60aRCRD

Posted On: October 9, 2009

I-485 Statistics Published by USCIS

The USCIS shed some light on why the wait is so long for a green card and provided statistics for applicants to determine where in the processing line the individual’s case is located and how long it will take for the green card to be issued. Please see this link for more information:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5e170e6bcb7e3210VgnVCM100000082ca60aRCRD&vgnextchannel=ae853ad15c673210VgnVCM100000082ca60aRCRD.

Please also refer to the upper right corner of this webpage for additional resources regarding I-485 applications.

Posted On: October 1, 2009

H-1B Cap Update

The H-1B category is a temporary status available to specialty workers who hold a minimum of a Bachelor’s degree or equivalent experience and who will be working in positions that require the same. The H-1B category is capped at 65,000 petitions per year worldwide plus 20,000 additional petitions for those who earned a Masters degree or higher from a U.S. educational institution. The latest H-1B cap count came out September 25, 2009 and reports that 46,700 regular cap petitions and 20,000 Master’s cap petitions have been filed with the USCIS. The agency will continue to receive both types of cap petitions until all cap numbers have been used.