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Legislative Updates

California Governor, Jerry Brown, has signed a bill that bans mandatory participation of employers in the E-verify program. E-Verify is a program by the Department of Homeland Security (DHS) and the Social Security Administration (SSA) allowing employers to confirm employment eligibility of employees by comparing the information provided on the Form I-9 against the DHS and SSA databases. Introduction of this bill is in response to certain parts of California that have been passing laws to mandate E-verify participation.

The “Fairness for High-Skilled Immigrants Act” (H.R. 3012) which was introduced on 9/22/2011 seeks to remove the employment-based per-country cap by fiscal year 2013 and increase the family-sponsored per-country cap from 7% to 15%. The Act was received favorably by the House Judiciary Committee on 10/27/11, including adoption of an amendment that would make adjustments to the three year phase-in period. The Act will likely be scheduled for House floor debate in the weeks to come.

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