Legal Issues Impacting Your Business
Dear Clients:
Federal Contractor Rule Delayed
As you have probably heard if you are federal contractor, the Department of Homeland Security ("DHS") agreed to suspend implementation of the rule requiring many federal contractors and some subcontractors to use e-Verify, an electronic employment authorization verification system. The rule was to go into effect January 15 (as the starting point in the window for compliance). This date has been pushed back to February 20.
The reason for this agreement is a lawsuit by the U.S. Chamber of Commerce and other business groups alleging that the rule exceeded DHS and Executive Branch authority (it was based on an Executive Order issued June 6, 2008).
Stay tuned for further installments!
"ESTA" - Registration for Visa Waiver Travelers
As announced several months ago, as of this week, those travelers who may come to the U.S. using their passports for entry under the "visa waiver" program must now pre-register under the ESTA program on-line and receive an OK before travel to the U.S.
According to the agency: "DHS will take a reasonable approach to travelers who have not obtained an approved travel authorization via ESTA, and will continue an aggressive advertising and outreach campaign throughout 2009. Travelers without an approved ESTA are advised, however, that they may be denied boarding, experience delayed processing, or be denied admission at a U.S. port of entry. Visitors may apply for travel authorization via the ESTA Web site at https://esta.cbp.dhs.gov."
"US-VISIT" Program Expanded
As part of continuing security procedures at ports of entry, DHS will now (as of January 18) begin to implement fingerprinting of permanent residents and others who were formerly not subject to the program. The additional categories of persons now included in US-VISIT are:
- Lawful permanent residents of the United States (LPRs);
- Persons entering the United States who seek admission on immigrant visas;
- Persons entering the United States who seek admission as refugees and asylees;
- Canadian citizens who are currently required to obtain a Form I-94 (Arrival-Departure Record) upon entry or who require a waiver of inadmissibility to enter the United States (this excludes most Canadian citizens entering the United States for purposes of shopping, visiting friends and family, vacation or short business trips);
- Persons paroled into the United States; and
- Persons applying for admission under the Guam VWP.
Some visitors are still exempt. But do not be surprised if you are now fingerprinted upon entry to the U.S.
Time to Start H-1B Filings
We will file H-1Bs for new employment subject to the H-1B "cap" so that the applications arrive April 1, as in years past. However, because the Department of Labor is now required to review the Labor Condition Application ("LCA") more carefully, filings may take longer to prepare this year.
Previously, LCAs were certified on-line in a few seconds. Now they are expected to take a week or more. An LCA is must be certified before the H-1B may be filed.
This means that our ability to file last-minute H-1Bs is limited this year. Please consider if you have potential new H-1Bs (students on OPT or others) that will need to be filed by April 1, and let us know so we can get started.
Also as a reminder, students in F-1 status who majored in science, technology, engineering or math may be eligible for a 17-month extension of OPT if they are not chosen for H-1B this year. Let us know if you have questions about "STEM" OPT eligibility or need assistance in applying for it. Certain deadlines apply.
Other News
Amy Landwehr, one of our immigration lawyers, was recently elected as a Senior Shareholder at our firm. Congratulations, Amy!
Natalie Rivera, one of our administrative assistants, recently left the firm to accompany her husband to El Salvador. Gina Johnson (who is also fluent in Spanish) now fills this position.
Nikki Mordini joined our practice last Fall and is working in the areas of deportation/removal, criminal and family law.
Our best wishes for 2009!
Lori Chesser
Immigration Department Chair
