Final Rule Adopts Interim Rule to Improving Integrity of Form I-9 Process.

U.S. Citizenship and Immigration Services (USCIS) announced today a final rule, scheduled to be published in tomorrow’s Federal Register, that adopts, without change, an interim rule to improve the integrity of the Employment Eligibility Verification (Form I-9) process. USCIS received approximately 75 public comments in response to the interim rule, which has been in effect since April 3, 2009.

All employers, agricultural recruiters and referrers-for-a-fee are required to verify the identity and employment authorization of each person they hire for employment in the United States. This requirement is set forth in section 274A(a)(1)(B) of the Immigration and Nationality Act, 8 U.S.C. 1324a(a)(1)(B). The key changes made to the Form I-9 process by the interim rule and adopted by the final rule include: prohibiting employers from accepting expired documents for completion of Form I-9 and adding and modifying several documents on the Lists of Acceptable Documents. The final rule will be effective on May 16, 2011. Employers may continue to use the current version of the Form I-9 (Rev. 08/07/2009), or the previous version (Rev. 02/02/2009).

Questions and Answers

Q. What does the final rule accomplish?

A. The final rule adopts, without change, the changes made to the Form I-9 process by the Department of Homeland Security’s (DHS) interim final rule that has been in effect since April 3, 2009. The changes further DHS’s ongoing effort to increase the integrity of the employment authorization verification process. The key changes include:

* Prohibiting employers from accepting expired documents
* Eliminating from List A identity and employment authorization documentation Forms I-688, I-688A, and I-688B (Temporary Resident Card and outdated Employment Authorization Cards)
* Adding to List A foreign passports containing temporary I-551 printed notations on certain machine-readable immigrant visas
* Adding to List A as evidence of identity and employment authorization valid passports for citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI), along with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI

Q. Why can’t I present an expired document?

A. DHS wants to ensure that documents presented for use in the Form I-9 process are valid and reliably establish both identity and employment authorization. Expired documents are prone to tampering and fraudulent use. The requirement to present only unexpired documents takes into account the time limits placed on these documents by their issuing authorities. If a document does not contain an expiration date, as is often the case with a Social Security card, it is considered unexpired.

Q: Does this final rule make any changes to how Form I-9 is completed?

A: No. The final rule adopts, without change, the interim final rule published on December 17, 2008 and in effect since April 3, 2009. It does not make any changes to how the Form I-9 is currently completed.

Q: Is USCIS issuing a new Form I-9 with this final rule?

A: No. Because the final rule adopts the interim rule without change, USCIS is not issuing a new
Form I-9 with this rule.

Q: Which versions of Form I-9 may I use?

A: Employers may continue to use either the current version of Form I-9 (Rev. 08/07/2009) or the previous version (Rev. 02/02/2009). These dates are located on the bottom right-hand corner of the form.

Q: Where can I obtain detailed information about the comments you received and how you responded?

A: Discussion of the public comments is featured in the final rule, available for review on USCIS’s website at www.uscis.gov and published in the Federal Register. The largest number of comments addressed the interim rule’s requirement that all documents presented for Form I-9 purposes be unexpired. Several commentators suggested that the expired documents should be acceptable for some period of time after expiration, e.g., from 30 days to up to five years after expiration. USCIS did not adopt these suggestions because of its concerns about document fraud and employer confusion.

Q: Are the public comments still available for viewing?

A: Yes. The public comments are available on www.regulations.gov under DHS Docket No. USCIS-2008-0001. A description of those comments and the USCIS responses to them are also available in the final rule itself. We have posted a link to the final rule on www.uscis.gov.

Q: Where may I obtain a copy of the newly revised Employer Handbook?

A: The Handbook for Employers, Instructions for Completing the Form I-9 (M-274) was updated on January 5, 2011, and is available on the USCIS website at www.uscis.gov/files/form/m-274.pdf.

Last updated:04/14/2011

USCIS – U.S. IMMIGRATION – TIPS FOR FOREIGN NATIONALS IMPACTED BY CIVIL UNREST OR NATURAL DISASTER IN THEIR HOME COUNTRIES:

Conditions in your home country, such as civil unrest or a severe environmental disaster may impede your ability to return home as originally planned or may create temporary financial difficulties for you and your family. Extreme situations beyond your control also may affect your ability to maintain lawful immigration status while in the United States. During these special situations, temporary relief measures may be available to eligible foreign nationals.

If you are a foreign national who has been affected by a severe environmental disaster or other extreme situation, the available options for which you may apply include:

A change or extension of nonimmigrant status for an individual currently in the United States; Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship; Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and relatives of lawful permanent residents whose priority dates are current; and Expedited employment authorization where appropriate.

Visitors traveling under the Visa Waiver Program may contact a USCIS local office for assistance. For more information on USCIS humanitarian programs, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283.

For more information about special emergency and non-emergency programs implemented by the USCIS, you can also feel free to contact us at info@visaserve.com or you can call us at 201-670-0006 (x100).

Final Rule Adopts Interim Rule Improving Integrity of Form I-9 Process:

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced a final rule that adopts, without change, an interim rule to improve the integrity of the Employment Eligibility Verification (Form I-9) process. USCIS received approximately 75 public comments in response to the interim rule, which has been in effect since April 3, 2009.

The main changes made by the interim rule and adopted by the final rule include: prohibiting employers from accepting expired documents; revising the list of acceptable documents by removing outdated documents and making technical amendments; and adding documentation applicable to certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands.

Employers must complete Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States. The list of acceptable documents that employees may present to verify their identity and employment authorization is divided into three sections: List A documents, which show identity and employment authorization; List B documents, which show identity only; and List C documents, which show employment authorization only.

The final rule will be published in the Federal Register tomorrow and will be available at www.uscis.gov. The final rule is effective on May 16, 2011. Employers may continue to use the current version of the Form I-9 (Rev. 08/07/2009) or the previous version (Rev. 02/02/2009). The Handbook for Employers, Instructions for Completing the Form I-9 (M-274) was updated on Jan. 5, 2011, and is available for review at www.uscis.gov/files /form/m-274.pdf.

For more information on USCIS and its programs, please visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.
April 14, 2011

Last updated:04/14/2011

Each month, USCIS publishes a report on traffic to our website, which includes statistics on popular search terms people use to find our site.

And every month, tens of thousands of visitors search “INS” to find the USCIS.

In January 2011, the report registered nearly 30,000 searches for the term “INS.”

This leaves us wondering.

After all, the Immigration and Naturalization Service (INS) has not existed since March 1, 2003.

PTI, March 12, 2011, 06.24pm IST

HOUSTON: The US is at a risk of falling behind in the global race for talent due to Washington’s immigration policies that have caused slowdown in the entry of highly-skilled foreign workers, a study here said.

The Federal Reserve Bank of Dallas which released its 2010 yearly report said the US needs highly-skilled foreign-born workers, who actually contribute more to the American economy than take away, but strict numerical caps on employment-based visas have caused the slowdown in the entry of highly-skilled migrants.

According to the latest statistics, immigrants with more than a high school education contributed USD 105,000 more in taxes than they used in public services, while lower-skilled migrants actually cost USD 89,000 more than they contributed in taxes during their lifetime.

As adapted from the Economic Times Article.

Last week a massive 8.9/9.0 magnitude earthquake hit the Pacific Ocean nearby Northeastern Japan at around 2:46pm on March 11 (JST) causing damage with blackouts, fire and tsunami. There have been and continue to be aftershocks and unanticipated infrastructure issues resulting from the devastation.

In the past, Nachman & Associates, P.C. (The VISASERVE TEAM) has partnered with not-for-profit organizations working on the frontline of disaster relief and recovery to assist with the coordination of disaster relief funding to aid victims of earthquakes in Turkey, Thailand, Haiti, and other countries throughout the world.

Our heartfelt concern and heartfelt sorrow goes out to any of our clients, friends and/or their families directly impacted by these recent events. More generally, the members of our Firm send out wishes to the Japanese Nation for a very rapid recovery.

Our Law Offices continue our relief efforts with regard to the recent incident in Japan. We invite you to visit the website for the Japan Society to provide your assistance directly. You can do so by visiting the web page at:

https://www.japansociety.org//content.cfm?page=japan_earthquake_relief_fund

Alternatively, you can contribute by sending your check to:

Japan Society
333 East 47th Street
New York, New York 10017
Attn: Japan Earthquake Relief Fund

or to

Nachman & Associates, P.C.
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Attn: Japan Division – Japan Earthquake Relief Fund

Please make your checks payable to Japan Society and indicate “Japan Earthquake Relief Fund” on the check. For additional information, please e-mail us at info@visaserve.com or at japanrelief@japansociety.org

Any tax-deductible contributions provided will go to organizations that directly help victims recover from the devastating effects of the earthquake and tsunamis that struck Japan on March 11, 2011.

For information about U.S. and Japanese immigration impacted by the recent events, please visit the “Special Situations” Web page on the USCIS website:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=89a8ce68596ae210VgnVCM100000082ca60aRCRD&vgnextchannel=e7801c2c9be44210VgnVCM100000082ca60aRCRD

FOR IMMEDIATE RELEASE:

Thursday, March 10, 2011

Contact
George Tzamaras / Jenny Werwa
202-507-7649 / 202-507-7628
gtzamaras@aila.org / jwerwa@aila.org

WASHINGTON, DC – The American Immigration Lawyers Association (AILA) calls on Congress to show leadership by creating viable immigration policy that can create more jobs and push the economy forward. Unfortunately today’s House Judiciary Subcommittee on Immigration Policy and Enforcement’s hearing, “New Jobs in Recession and Recovery: Who Are Getting Them and Who Are Not” is a refrain of last week’s divisive hearing that attempted to pit immigrants against minorities.

“At a time when America needs solutions on immigration, jobs, and our economic security, our Congress appears more interested in scapegoating than providing leadership and answers,” said David Leopold, President of AILA. “Our elected officials are allowing themselves to become distracted from accomplishing those critical tasks by believing in the myth that immigrants take away jobs and depress wages when in fact, study after study show that immigrants have a positive impact on the economy and job growth. Just this past Monday, the Wall Street Journal reported that immigrant entrepreneurs are rapidly creating new businesses and more jobs.”

Leopold added, “The article stated that immigrants, ‘very noticeably, are creating new business ventures at unprecedented rates.’ The WSJ article also correctly noted that our current immigration laws do not allow these immigrant entrepreneurs to stay, thrive, and innovate here in the U.S. Consequently, they either shut down their business or move it out of the country resulting in lost jobs and dollars for American workers. This is the ugly truth facing our nation right now and what we need are solutions such as a start-up visa, to help bring and keep immigrant businesses to the United States,” said Leopold.

AILA contends that America must pursue immigration policies that serve the interest of all workers. Congress can consider smart, workable reform that creates better avenues to compliance for the millions of undocumented immigrants currently living and working in the U.S. which would add billions of dollars to the economy.

###

The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.

USCIS Announces Proposed H-1B Electronic Registration System to Reduce Costs for U.S. Businesses.

March 2, 2011

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) is publishing tomorrow a proposed rule that could save U.S. businesses more than $23 million over the next 10 years by establishing an advance registration process for U.S. employers seeking to file H-1B petitions for foreign workers in specialty occupations. The proposed electronic system would minimize administrative burdens and expenses related to the H-1B petition process—including reducing the need for employers to submit petitions for which visas would not be available under the statutory visa cap.

USCIS Director Alejandro Mayorkas today announced the opening of a 60-day comment period that will allow businesses and the general public to provide input on the proposed system in order to ensure it best meets the needs of employers that rely on H-1B visas to bring in foreign workers for specialty occupations.

“The proposed rule would create a more efficient and cost-effective process for businesses interested in bringing workers in specialty occupations to the United States,” he said. “Improving the H-1B petition process is part of USCIS’s ongoing efforts to leverage new ideas and innovation to streamline our operations and enhance customer service.”

Under the proposed rule, employers seeking to petition for H-1B workers subject to the statutory cap would register electronically with USCIS—a process that would take an estimated 30 minutes to complete. Before the petition filing period begins, USCIS would select the number of registrations predicted to exhaust all available visas. Employers would then file petitions only for the selected registrations. The registration system would save employers the effort and expense of filing H-1B petitions, as well as Labor Condition Applications, for workers who would be unable to obtain visas under the statutory cap.

The proposed rule, which posted to the Federal Register today for public viewing, contains complete details about the registration system and estimated cost savings. USCIS encourages formal comments on the proposed rule through www.regulations.gov. The comment period runs for 60 days, beginning March 3, 2011, and ending on May 2, 2011.

For more information on the proposed H-1B rule, please see the accompanying Fact Sheet. For more information on USCIS and its programs, visit www.uscis.gov.

U.S. Department of State To Host Ribbon- Cutting Ceremony for Vermont Passport Agency.

Media Note
Office of the Spokesman
Washington, DC

March 1, 2011

Under Secretary of State for Management Patrick F. Kennedy will host a ribbon-cutting ceremony on Friday, March 4, at 2:00 p.m. to mark the official opening of the Vermont Passport Agency in St. Albans. Invited guests include the Deputy Assistant Secretary for Passport Services Brenda S. Sprague, members of Congress, state and local officials, community leaders, and members of the media.

Americans with urgent travel plans will be able to apply in-person at the Vermont Passport Agency, where passport books and passport cards will be issued onsite, alleviating the need for applicants to travel to Boston for emergency services. The new agency will occupy the first floor of the historic St. Albans Federal Building, which formerly served as the city’s post office and customs house. Original brass postal boxes and two large murals painted by artist Philip von Saltza in 1939 remain on display for passport customers to enjoy.

Funded by the American Recovery and Reinvestment Act of 2009, the Vermont Passport Agency is located at 50 South Main Street. Nearly 20 employees will staff the agency, which is projected to issue 15,000 passports during its first year of operation, serving more than 2,500 customers onsite.

The Western Hemisphere Travel Initiative introduced new travel document requirements that increased passport demand and demonstrated the need to expand the passport network into previously underserved areas. Over the next few months, the Department of State will open passport agencies in San Diego, California; El Paso, Texas; and Atlanta, Georgia. In 2010, a new agency was opened in Buffalo, New York, and public counters were added at existing passport centers in Portsmouth, New Hampshire and Hot Springs, Arkansas.

Travelers with urgent travel requirements may schedule an appointment at the Vermont Passport Agency or other regional passport agencies by calling 1-877-487-2778 or visiting www.travel.state.gov.

For press inquiries, or to attend the ribbon-cutting ceremony, call (202) 647-1488 or email CAPRESSREQUESTS@state.gov. Journalists attending the event will be able to tour the agency and interview the officials in attendance.

FOR IMMEDIATE RELEASE:

Tuesday, March 1, 2011

CONTACT:

George Tzamaras or Jenny Werwa
202-507-7649 / 202-507-7628
gtzamaras@aila.org / jwerwa@aila.org

WASHINGTON, DC – The American Immigration Lawyers Association (AILA) urges Congress not to fall prey to the politics of division in today’s House Judiciary Committee on Immigration Policy and Enforcement’s Subcommittee Hearing on “Making Immigration Work for American Minorities.”

“We must be careful to not allow politicians to create a wedge between immigrants and minorities,” said David Leopold, President of AILA. “Historically, immigrants are blamed for problems for which they are not responsible. Sowing divisions between immigrants and minorities is only a distraction from doing that hard work of getting immigration policy right. Our leaders must be held accountable to provide the answers for a flagging economy and the broken immigration system that are holding America back.”

AILA urges that we pursue policies that serve the interests of all workers, and that Congress roll up its sleeves and find a solution. Tougher enforcement can be done to ensure proper workplace standards, including fair wage and overtime requirements, safety and health and other labor laws, but within a smart and workable immigration reform policy.

Leopold added, “Studies show that immigrants have a positive impact on the economy and job growth. It is well documented that immigrants raise the overall standard of living of American workers by increasing wages and lowering prices. In fact, a recent economic study shows that immigration produces an increase in wages for most native-born workers, including African Americans and that immigrants complement the work of U.S. employees and increase their productivity.”

###

The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.