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L-1 Visas Valid Longer Than Petition, Avoiding Renewals

Wed, 15 Feb 2012 10:36:10 GMT

The U.S. Department of State issued a revised regulation allowing consular offices to issue L-1 visas for intracompany transferees with validity period longer than the underlying petition approval and up to the "reciprocity limit" for the worker's nationality (5 years, for many countries), avoiding need for initial visa renewals. This conforms the law to current practice in many countries for blanket L visas, but it is a big step forward for workers with individual L petitions.

Obligation of U.S. Citizens and "Tax Residents"

Thu, 12 Jan 2012 11:17:51 GMT

Many people who have come from abroad do not realize the nature and seriousness of the obligation of U.S. citizens and “tax residents” to report to the IRS their worldwide financial holdings regardless of whether they will owe U.S. tax on them, and that they also are taxable in the U.S. on their worldwide income subject to exemptions and tax treaties. Many people do not realize that tax residents include not only people who have obtained a “green card” for U.S. permanent residence, but also people who have had certain amounts of physical presence in the U.S. without a green card (in temporary status or no status at all). Foreign nationals might not realize how severe are the penalties for non-compliance with the asset reporting obligation, not to mention the tax payment obligation. The opportunity to cure reporting failures should be seriously considered.

Attached is an article published by our firm’s tax department about the latest opportunity for taxpayers to “come clean” on their foreign holdings.

OSC "Fact Pattern Flyer" about Discrimination: Accidentally Misleading?

Wed, 30 Nov 2011 15:03:51 GMT

The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) in the U.S. Department of Justice recently published a three-page "Fact Pattern Flyer," listing examples of immigration status and national origin discrimination in employment. In viewing the set of employer actions purely from the point of view of discrimination, the OSC accidentally gives the false impression that certain actions are appropriate if all workers are treated the same, and employers should be counseled not to take that implication.

Alabama's Immigration Law Remains in Effect, but Some Relief is Granted Employers

Mon, 03 Oct 2011 14:50:49 GMT

Yesterday, the Chief Judge of the United States District Court for the Northern District of Alabama, Sharon Blackburn, issued three orders addressing the recently enacted Alabama law relating to immigration, the Benson-Hammon Alabama Taxpayer and Citizen Protection Act (referred to as "H.B. 56").

Not So Fast to Online Professional Journal Ads for PERM

Fri, 22 Jul 2011 13:22:30 GMT

Everyone who wallows in the world of PERM is abuzz about a recent BALCA case that overruled DOL’s rejection of an employer’s use of an online “national journal” advertisement. (Matter of University of Texas at Brownsville, 2010-PER-0087 (BALCA, July 20, 2011)). I say be careful—watch, wait, and run print ads until further notice.

More states impose immigration requirements on employers

Fri, 08 Jul 2011 14:44:00 GMT

In the wake of immigration enforcement laws enacted in Arizona, Utah, Georgia, and Alabama, several other states have enacted laws or orders imposing immigration-related requirements on employers.

Webinar on I-129 Part 6 Export License Requirements

Tue, 05 Jul 2011 14:42:20 GMT

Join Doreen Edelman, Baker Donelson Shareholder; Kevin Wolfe, Assistant Secretary for Export Administration; and Randy Pratt, Director Information Technology Controls Division and encryption expert from the U.S. Bureau of Industry and Security of the Department of Commerce as they provide further clarifications and practical tips for complying with the new deemed exports requirements for companies that employ foreign workers.

Alabama Joins Trend of Immigration Enforcement Laws

Sun, 05 Jun 2011 14:40:02 GMT

On June 2, 2011, the Alabama legislature resoundingly passed an immigration bill similar to Arizona's immigration statute, the governor signed it on June 9. Like its Arizona, Utah, and Georgia predecessors, Alabama House Bill 56 broadly empowers and obligates state and local officials to verify immigration status and enforce immigration laws. It requires all employers to use E-Verify, especially employers seeking state or local government contracts or grants. As a result, aliens unlawfully present will have increasing difficulty functioning in Alabama, and more may resort to obtaining fraudulent identification documents incorporating stolen identities of authorized people (a crime with enhanced state penalties under the bill).

State E-Verify Requirements Upheld by Supreme Court

Thu, 26 May 2011 14:38:22 GMT

The United States Supreme Court has upheld Arizona's requirement for all employers in the state to use E-Verify on penalty of losing their business licenses. More states might follow Arizona.

Georgia Requires More Employers to Use E-Verify, Other Changes, Sets Stage

Sat, 14 May 2011 13:45:47 GMT

On May 13, 2011, the Georgia governor signed H.B. 87, the "Illegal Immigration Reform and Enforcement Act of 2011," which will require most private employers needing a Georgia business license to use the federal E-Verify identification system to confirm the eligibility of new employees. The new Georgia law duplicates and arguably goes beyond federal criminal definitions for “harboring” “illegal aliens," and it expands the scope of state law enforcement in identifying, detaining, and ensuring removal of unauthorized persons encountered in enforcement activity.

Horrors: Return of the No-Match Letter

Wed, 13 Apr 2011 13:01:57 GMT

The Social Security Administration has resumed sending "no-match" letters to employers of workers whose 2010 W-2 contains information that does not match the name, date of birth, and social security number in the "Numident" database used by SSA to track retirement and disability contributions, benefits, and claims. Employers must not ignore these notices and should develop a careful policy for taking action on them.

Inside U.S. Sanctions Against Libya

Thu, 10 Mar 2011 16:49:24 GMT

The growing violence in Libya has lead to new sanctions against the Libyan government. President Barack Obama signed Executive Order 13566 Blocking Property and Prohibiting Certain Transactions Related to Libya (the Order), on Feb. 25, 2011, and it went into effect immediately at 8:00 p.m. EST that day. The Order blocks all property interests and freezes all U.S.-based assets of the Libyan government, certain senior officials and others implicated in human rights abuses. These sanctions arise from the Libyan government’s recent abuses toward protesters and come more than six years after the U.S. lifted the economic sanctions program against Libya when the Gadhafi government renounced terrorism.

More I-9 Audits and Other Immigration Accountability

Fri, 18 Feb 2011 16:46:20 GMT

Employers are facing increasing accountability concerning immigration. ICE is readying 1,000 new I-9 audits. Purchasers and states are requiring use of E-Verify. USCIS is doing all kinds of double checking of filings for immigration benefits. DOL is auditing attestations underlying immigration filings. Even companies who only use foreign workers through staffing companies could face challenges. People must maintain and prove lawful status to obtain drivers licenses, welfare benefits, port access cards, and increasingly many other credentials. All of this suggests that an “immigration tune-up” might make sense for many companies and even families.

Certain B-1 Visa Holders Can Obtain TWIC for Port Access

Fri, 11 Feb 2011 14:39:48 GMT

Certain B-1 visa holders can now obtain Transportation Worker Identification Cards (TWIC) for unescorted access to secure ports, under an announcement recently made by the U.S. Department of Homeland Security's Transportation Security Administration (TSA) and the Department of State (DOS). The person must have an actual visa (i.e., not only visa waiver), and the visa must bear a special annotation reflecting that the person has shown an employer's need for port access.

USCIS Revises I-9 Handbook for Employers

Fri, 14 Jan 2011 10:06:30 GMT

USCIS has issued a January 5, 2011 version of the “Handbook for Employers” designed to guide employers in the mystifying details involved in completing the deceptively simple one-page Form I-9 for each new hire. The new version adds lots of helpful, well organized information about tricky situations and updates photos of a few document types. It resolves some confusion about such topics as grandfathered employees, the time within which to complete section 2, name changes and inconsistencies or misspellings, correcting mistakes on Forms I-9s, using agents to review employee documents, and state drivers license and IDs that state they are not for employment authorization. Unfortunately it continues some errors about documents and continues to provide little real guidance about what documents are and are not authentic, given the immense variation in valid documents and the limited number of valid documents depicted.

USCIS Throws HR into the Thicket of Deemed Exports as of Feb. 20, 2011

Fri, 24 Dec 2010 10:25:54 GMT

You are human resources manager who signs the forms for sponsorship of key foreign workers. Up to now, you have been at least vaguely aware of “deemed export” requirements, but it really wasn’t your problem. But starting February 20, 2011, USCIS requires you to certify that you have read and the employer is in compliance with the “deemed export” rules. That’s actually a mouthful. Essentially, a U.S. employer must not expose foreign workers in the U.S. to technology having potential harmful use by foreign military or terrorists, any more than it could ship the technology to other countries. This mainly affects institutions designing sophisticated equipment and software. But now every employer sponsoring a temporary professional worker (H-1B, L-1, and O-1 status) must affirmatively make a certification about it, and the onus falls initially on HR, who must push the inquiry to the rest of the institution.

USCIS Gets First “Adopted Decisions” Designated as AG Precedents

Wed, 20 Oct 2010 14:00:51 GMT

The Department of Justice (DOJ) has designated and published as "Precedent" two decisions that USCIS previously had issued as "Adopted" decisions. This adds strength and consistency to interpretations of U.S. immigration law within the Executive Branch of U.S. Government and reflects better coordination between the Department of Homeland Security and DOJ.

Senators Introduce Comprehensive Immigration Reform - No Effect Yet

Mon, 04 Oct 2010 14:13:52 GMT

Senators Menendez and Leahy last week introduced The Comprehensive Immigration Reform Act of 2010 (SB 3932), the latest stab at a combination of legalization, temporary worker visas, and border and interior enforcement legislation that had no likelihood of passing but reflected the latest thinking of Democrats.

Undocumented aliens should understand that this legislation is NOT effective, so they should not listen to "notarios" and others who prey on ignorance to obtain service fees for preparing pointless filings.

Various groups have prepared a summary of the bill.

Lottery Registration Period Announced

Mon, 04 Oct 2010 14:11:08 GMT

The Department of State has announced the rules and process to register for this year's "Diversity Visa" program, which is literally a lottery for 50,000 green cards.

Registrations must be filed online directly on the State Department web site between noon, Eastern Daylight Time (EDT) (GMT-4), Tuesday, October 5, 2010, and noon, Eastern Standard Time (EST) (GMT-5) Wednesday, November 3, 2010.

USCIS Increases Filing fees November 23, 2010

Mon, 27 Sep 2010 14:18:12 GMT

USCIS has announced increases to filing fees effective for filings sent on or after November 23, 2010. Most fees increase about 10%, ut premium processing goes up to $1,225, and travel documents for refugees go down to $135/$105. New fees are imposed for designating "Civil Surgeons" to conduct medical examinations on visa applicants, for various designations and amendments of EB-5 regional centers involving foreign investors, and for processing immigrant visas (in addition to the State Department's own immigrant visa application fee).

DHS Guides Employers about Shift in Puerto Rican Birth Certificates October 1, 2010

Fri, 10 Sep 2010 14:20:29 GMT

The Department of Homeland Security, through USCIS, finally has issued guidance about the I-9 and E-Verify implications of Puerto Rico's impending invalidation of its birth certificates issued before July 1, 2010. While employers should not re-verify workers who presented certificates before November 1, 2010, after November 1 employers may not accept as I-9 List C evidence of work authorization any birth certificates from Puerto Rico that were issued earlier than July 1, 2010.

ESTA Fee for Visa Waiver Travel Starts September 8

Tue, 31 Aug 2010 14:23:47 GMT

Visa Waiver Program participants now must pay $14 when registering on the Electronic System for Travel Authorization (ESTA) starting on September 8, 2010.

ICE Finalizes Electronic I-9 Rule

Thu, 22 Jul 2010 14:41:13 GMT

ICE has finalized its regulation implementing the 2005 law allowing electronic storage of Forms I-9. The interim rule in 2006 had been unnecessarily restrictive, and the finals rule yields to some sensible comments. Still, electronic I-9 creation or storage requires careful planning.