The White House Blog.

Immigration Update: Maximizing Public Safety and Better Focusing Resources.

Posted by Cecilia Muñoz on August 18, 2011 at 02:00 PM EDT.

President Obama is deeply committed to fixing our immigration laws and has been aggressively searching for partners in Congress who are willing to work with him to pass a new law. As he focuses on building a new 21st century immigration system that meets our nation’s economic and security needs, the President has a responsibility to enforce the existing laws in a smart and effective manner. This means making decisions that best focus the resources that Congress gives the Executive Branch to do this work. There are more than 10 million people who are in the U.S. illegally; it’s clear that we can’t deport such a large number. So the Administration has developed a strategy to make sure we use those resources in a way that puts public safety and national security first. If you were running a law enforcement agency anywhere in the world, you would target those who pose the greatest harm before those who do not. Our immigration enforcement work is focused the same way.

Under the President’s direction, for the first time ever the Department of Homeland Security has prioritized the removal of people who have been convicted of crimes in the United States. And they have succeeded; in 2010 DHS removed 79,000 more people who had been convicted of a crime compared to 2008. Today, they announced that they are strengthening their ability to target criminals even further by making sure they are not focusing our resources on deporting people who are low priorities for deportation. This includes individuals such as young people who were brought to this country as small children, and who know no other home. It also includes individuals such as military veterans and the spouses of active-duty military personnel. It makes no sense to spend our enforcement resources on these low-priority cases when they could be used with more impact on others, including individuals who have been convicted of serious crimes.

So DHS, along with the Department of Justice, will be reviewing the current deportation caseload to clear out low-priority cases on a case-by-case basis and make more room to deport people who have been convicted of crimes or pose a security risk. And they will take steps to keep low-priority cases out of the deportation pipeline in the first place. They will be applying common sense guidelines to make these decisions, like a person’s ties and contributions to the community, their family relationships and military service record. In the end, this means more immigration enforcement pressure where it counts the most, and less where it doesn’t – that’s the smartest way to follow the law while we stay focused on working with the Congress to fix it.

Cecilia Muñoz is White House Director of Intergovernmental Affairs

Validation Instrument for Business Enterprises (VIBE) Program

Introduction

The Web-based Validation Instrument for Business Enterprises (VIBE) is a tool designed to enhance USCIS’s adjudications of certain employment-based immigration petitions. VIBE uses commercially available data to validate basic information about companies or organizations petitioning to employ alien workers. USCIS is beta-testing VIBE, and petitioners may begin seeing VIBE-related Requests for Evidence (RFEs).
Background

Currently, when adjudicating employment-based petitions, USCIS primarily relies on paper documentation supplied by the petitioning company or organization to establish the petitioner’s eligibility for the requested classification. Petitioners often submit large amounts of paperwork as evidence of their current level of business operations. When petitioners’ paperwork does not sufficiently document the evidence required under the law, USCIS issues a Request for Evidence (RFE) for additional documentation, delaying final adjudication of the petition.

VIBE Program

VIBE allows USCIS to electronically receive commercially available information from an independent information provider (IIP) about a petitioning company or organization, including:

* Business activities, such as type of business (North American Industry Classification System code), trade payment information and status (active or inactive)
* Financial standing, including sales volume and credit standing
* Number of employees, including onsite and globally
* Relationships with other entities, including foreign affiliates
* Status, for example whether it is a single entity, branch, subsidiary or headquarters
* Ownership and legal status, such as LLC, partnership or corporation
* Company executives
* Date of establishment as a business entity
* Current physical address

A USCIS officer will review all information received through VIBE along with the evidence submitted by the petitioner. Adjudicators will use the information provided from VIBE to verify the petitioner’s qualifications. For example, if a petitioner is seeking L-1 status for a beneficiary, VIBE will help adjudicators confirm that the petitioner has a foreign affiliate, which is a requirement for granting L-1 status. In cases where petitioners must establish ability to pay, information from VIBE will assist in confirming the petitioners’ financial viability. USCIS will not deny a petition based upon information from VIBE without first giving a petitioner the opportunity to respond to USCIS’s concerns. USCIS will issue an RFE or a Notice of Intent to Deny (NOID) if it is necessary to resolve relevant inconsistencies or other issues that emerge upon review of information supplied by VIBE that are material to the benefit requested. The Immigration Services Officer (ISO) will make a final decision based on the totality of the circumstances.

Immigrant Classifications Included in VIBE

The following I-140 employment-based immigrant classifications will be included in VIBE:

* E12 Outstanding professor or researcher
* E13 Multinational executive or manager
* E21 Member of professions holding an advanced degree or an alien of exceptional ability (with the exception of National Interest Waiver petitions)
* E31 Skilled Worker
* E32 Professional
* EW3 Unskilled/Other Worker

Additionally, the following I-360 employment-based immigrant classifications will be included in VIBE:

* SD1 Minister of Religion
* SR1 Non-minister in a religious occupation or vocation

The following I-129 employment-based nonimmigrant classifications will also be included in VIBE:

* E-1 Treaty Trader
* E-2 Treaty Investor
* E-3 Member of specialty occupation who is a national of the Commonwealth of Australia
* H-1B Specialty occupation worker
* H-1B1 Specialty occupation worker from Chile or Singapore
* H-1B2 Worker performing services related to a Department of Defense (DOD) cooperative
research and development project or co-production project
* H-1B3 Fashion model of distinguished merit and ability
* H-2A Temporary or seasonal agricultural worker
* H-2B Temporary non-agricultural worker
* H-3 Trainee or special education exchange visitor
* L-1A Intra-company transferee in a managerial or executive position
* L-1B Intra-company transferee in a position utilizing specialized knowledge
* LZ Blanket L petition
* Q-1 International cultural exchange visitor
* R-1 Religious worker
* TN NAFTA professional from Canada or Mexico

At this time, the following classifications will not be included in VIBE due to the very unique eligibility requirements for these classifications:

* E11 Individuals of extraordinary ability
* E21 National interest waiver
* EB-5 Immigrant investor
* O Individuals with extraordinary ability or achievement (including essential support personnel)
* P Internationally recognized athletes and entertainment groups, performers under a reciprocal exchange program, and artists or entertainers under a culturally unique program (including essential support personnel)

Goals of VIBE

By enhancing USCIS’s ability to distinguish eligible petitioners more easily from those who may be ineligible, VIBE is expected to increase the efficiency of reviews by USCIS ISOs. In the future, VIBE should reduce the need for petitioners to submit identical paper documentation with each petition to establish their current level of business operations. VIBE should also assist USCIS to reduce the number of RFEs issued to otherwise eligible petitioners.

By providing the same petitioner information to all four USCIS Service Centers, VIBE promotes the consistent review of employment-based immigrant and nonimmigrant petitions. Overall, the information provided by VIBE improves the integrity of employment-based immigrant and nonimmigrant programs and the process for petitioners seeking foreign workers to employ.
Feedback about VIBE

Some petitioners may receive an RFE or NOID referencing information received from the IIP through VIBE. Petitioners are required to respond to these RFEs or NOIDs; failure to respond may result in a denial of the petition. However, USCIS encourages petitioners to bring to our attention any questions related to RFEs or NOIDs involving IIP information USCIS received through VIBE, as well as suggestions for improving the program by contacting us at VIBE-Feedback@dhs.gov.

This page can be found at http://www.uscis.gov/vibe

Abercrombie & Fitch Fined $1M After I-9 Audit; NEW IMMIGRATION REFORM BILL PROPOSED: Senators Menendez and Leahy Introduce First Comprehensive Immigration Bill of 2010; MERITS OF IMMIGRATION TO THE U.S.: Murdoch & Bloomberg Embrace Immigration Reform. Read more in our e-blast by clicking below, or for more information contact our office at info@visaserve.com or 201-670-0006 x100.

http://archive.constantcontact.com/fs092/1011188341227/archive/1103741773582.html

Statement by Deputy Press Secretary Matt Chandler

Release Date: July 28, 2010

For Immediate Release

Office of the Press Secretary

Contact: 202-282-8010

“The court’s decision to enjoin most of SB1070 correctly affirms the federal government’s responsibilities in enforcing our nation’s immigration laws. Over the past eighteen months, this Administration has dedicated unprecedented resources to secure the border, and we will continue to work to take decisive action to disrupt criminal organizations and the networks they exploit. DHS will enforce federal immigration laws in Arizona and around the country in smart, effective ways that focus our resources on criminal aliens who pose a public safety threat and employers who knowingly hire illegal labor, as well as continue to secure our border.

“ICE works everyday with local law enforcement across the country to assist them in making their communities safer and we will continue do so in Arizona. At the same time, we will continue to increase resources in Arizona by complementing the National Guard deployment set to begin on Aug. 1 with the deployment of hundreds of additional Immigration and Customs Enforcement agents, Border Patrol agents and other law enforcement personnel that will aid in our continuing efforts to conduct outbound inspections, patrol challenging terrain, and interdict illicit smugglers. We are focused on smart effective immigration and border enforcement while we work with Congress toward the type of bipartisan comprehensive reform that will provide true security and establish accountability and responsibility in our immigration system at the national level.”

###

This page was last reviewed/modified on July 28, 2010.

Several Democratic senators recently announced a 26-page “framework of concrete bipartisan ideas” for immigration reform, called REPAIR (Real Enforcement with Practical Answers for Immigration Reform). The proposal by Sens. Harry Reid (D-Nev.), Richard Durbin (D-Ill.), Charles Schumer (D-N.Y.), Patrick Leahy (D-Vt.), Dianne Feinstein (D-Cal.), and Robert Menendez (D-N.J.), calls for increasing enforcement, border security, and verification resources and efforts, along with expanded employment measures. Under the proposal, a green card (permanent residence) would be “immediately available” to foreign students with an advanced degree
from a U.S. institution in a field of science, technology, engineering, or mathematics who has an offer of employment from a U.S. employer in a related field. To address the fact that “workers from some countries face unreasonably long backlogs that have no responsiveness to America’s economic needs,” the proposal eliminates the per-country employment immigration caps. Also, the EB-5 program would be made permanent and adapted to increase foreign investment in the U.S.

Among other things, the proposal would create a new “BELIEVE” (Biometric Enrollment, Locally-stored Information, and Electronic Verification of Employment) system and a provisional H-2C visa for nonseasonal, nonagricultural workers. Workers in the H-2C program would be permitted to earn lawful permanent residence if they met “sufficient integration metrics to demonstrate that they have successfully become part of the American economy and society.”
The proposal would amend current law regarding H-1B employer application requirements to: (1) revise wage determination requirements; (2) require Internet posting and description of employment positions; (3) increase U.S. worker displacement protections; (4) apply certain requirements to all H-1B employers rather than just to H-1B dependent employers; (5) prohibit employer advertising that makes a position available only to, or gives priority to, H-1B nonimmigrants; and (6) limit the number of H-1B and L-1 employees that an employer of 50 or more workers in the U.S. may hire. The proposal also would authorize the Department of Labor to investigate applications for fraud, and conduct H-1B compliance audits.

“I say to my Republican colleagues, work with us to fix this broken system, don’t just say no,” Sen. Reid pleaded. Although Senate Democrats called the outline bipartisan, Republicans criticized the proposal. Sens. Lindsey Graham (R-S.C.) and Jon Kyl (R-Ariz.) said in a statement that “Congress should focus on border security first.” Rep. John Boehner (R-Ohio) called the proposal a “cynical ploy to try to engage voters, some segment of voters, to show up in this November’s elections.” House Speaker Nancy Pelosi (D-Cal.) said, “If there is going to be any movement in this regard, it will require presidential leadership.” President Barack Obama was quoted as saying that there may “not be an appetite” to pass immigration reform in Congress this year.

The proposal is available at:

http://media.washingtonpost.com/wp-srv/politics/documents/REPAIRProposal.pdf?sid=ST2010042905051

USCIS To Issue Redesigned Green Card – Questions and Answers

Introduction

U.S. Citizenship and Immigration Services (USCIS) announced today that it has redesigned the Permanent Resident Card—commonly known as the “Green Card”—to incorporate several major new security features. Beginning today, USCIS will issue all Green Cards in the new, more secure format.

Questions and Answers

Q. What is a Permanent Resident Card, or “Green Card”?
A. A Green Card is proof of authorization to live and work in the United States on a permanent basis. It also is evidence of registration in accordance with U.S. immigration laws. Newly issued Green Cards are valid for ten years for lawful permanent residents and two years for conditional residents. The permanent resident must renew his or her card each time it expires.

Q. Why did USCIS redesign the Green Card?

A. The Green Card redesign is the latest advance in USCIS’s ongoing efforts to deter immigration fraud. State-of-the-art technology prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication of the card. The enhanced features will better serve law enforcement, employers, and immigrants, all of whom look to the Green Card as definitive proof of authorization to live and work in the United States.

Q. What major improvements has USCIS included in the redesigned Green Card?

A. Secure optical media store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements makes it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability allows Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a preprinted return address enables the quick and easy return of a lost card to USCIS.

Q. Is the Permanent Resident Card actually green, as its nickname suggests?

A. After the redesign, the card is now colored green.

Q. Who will receive the redesigned Green Card?

A. Beginning May 11, 2010, USCIS will issue all Green Cards in the new, more secure format. Recipients of the redesigned card will include those newly approved for lawful permanent residency, as well as those who have sought a renewal or replacement card.

Q. What happens to existing Green Cards with the old design?

A. Some existing Green Cards bear an expiration date, and those cards will remain valid until they expire. Holders of those cards will receive the redesigned version when seeking a renewal or replacement.

Other existing Green Cards have no expiration date, and those cards remain valid. USCIS recommends that holders of cards without an expiration date apply to replace their cards with the redesigned version.

The current cost of renewing or replacing a Green Card is $370. Additionally, eligible permanent residents may choose to explore becoming a naturalized U.S. citizen. For more information on eligibility for naturalization, go to www.uscis.gov/citizenship.

Q. How does a lawful permanent resident replace a Green Card, if lost or damaged?

A. A lawful permanent resident may seek a replacement card by filing a Form I-90, Application to Replace Permanent Resident Card. The Form I-90 and instructions are available online at http://www.uscis.gov/forms. If outside the United States, a lawful permanent resident should contact the nearest U.S. consulate, USCIS office, or U.S. port of entry before attempting to file a Form I-90.

Last updated:05/11/2010

H-1B Site Visits Soon To Become a Routine Protocol:

For the past few months, the U.S. Department of Homeland Security,
Citizenship and Immigration Services (”CIS”) has conducted an
investigation program aimed at visiting H-1B petitioner worksites
throughout the U.S. These site visits began as part of the CIS’ goal to
decrease the number of H-1B violations and instances of fraud reported by the H-1B Benefit Fraud & Compliance Assessment from CIS’ Office of Fraud Detection and National Security (”FDNS”), published this past September. According to the FDNS’ findings, as many as one in five H-1B applications were affected by either fraud or “technical violations” of the H-1B program.

Why should employers care? Any employer who sponsored a foreign national worker for an H-1B visa can be subject to an unannounced site visit. What this means is that an investigator can randomly show up at a worksite and demand to see a copy of the H-1B petition, interview the person who represented the company in connection with the H-1B as well as the H-1B employee or other employees presently on site. Any inconsistencies found can mean big trouble for employers.

FDNS has indicated that it does not need a subpoena in order to complete
the site visit because USCIS regulations governing the filing of
immigration petitions allow the government to take testimony and conduct broad investigations relating to the petitions. However other sources say that employers are not required to give in to the investigators’ demands without a subpoena. What to do? Our office recommends that you always comply as much as possible with any investigative agency that shows up at your door. CIS has indicated that attorneys can be present during an inspection, but the investigator is not likely going to come back another day if the attorney is not available on the day of the unscheduled visit. Attorneys may be present via telephone in these circumstances.

Some common questions that have been raised by employers include: “how are companies selected to be investigated,” “if I am visited, should I be concerned,” “what type of violations are the investigators looking for,”
and “how can I prepare for a site visit from a CIS/FDNS investigator?” To
address these issues in order, firstly any employer who has filed an H-1B
petition can be subject to a site visit. While CIS claims the employers
are chosen at random, close to 40,000 employers’ names have been selected for site visits. Some factors that may have been taken into consideration when selecting these 40,000 employers include: companies with less than 15 employees; companies with less than $10 million in sales; companies less than 10 years old; accounting, HR, business analyst, sales and advertising positions; and petitions where the beneficiary merely had a bachelor’s degree, not an advanced degree.

If your company is visited and your records are in order, you have nothing to worry about. Generally speaking employers are aware of inconsistencies before any investigative agency may catch wind of it. That being said, if the investigators uncover any inconsistencies or instances of fraud, the case may be referred to U.S. Immigration and Customs Enforcement (ICE), or the Department of Labor (DOL) for further investigation depending on the offense. This could mean there will be monetary, and if egregious offenses, possible criminal penalties for the employer.

The objective of the unannounced on-site visits is clear: to detect fraud
and abuses of the visa program. According to USCIS, the offenses range
from technical violations to outright fraud, with the most common
violation being the non- payment of a prevailing wage to the H-1B
beneficiary. More specifically, the investigators may be looking for the
following types of violations: job location not listed on the H-1B
petition and/or LCA; H-1B worker not receiving the required wage;
fraudulent H-1B documents or H-1B worker credentials; non-existent
business or office location; job duties significantly different from those
listed on H-1B petition/LCA; misrepresentation of H-1B status by the H-1B
worker (e.g., had been terminated from previous H-1B position prior to new employer H-1B being filed); and H-1B worker paid the $1500 ACWIA fee.

How can you prepare yourself and your company for a possible site visit?
Step one is to ensure that you have Public Access Files (PAF) for each
H-1B worker, and that the PAF documents are accurate and up to date. In
general, it is a good idea to review and audit your H-1B/LCA records to
make sure everything is in order and all information is readily available.
Designate a specific individual at each H-1B worker location to meet the
investigator should he/she arrive. Prepare a quick list of facts about the
company and also a listing of H-1B workers, work locations, title and
salary information so you don’t need to search frantically for this
information while the investigator is there. If you are not sure what a
PAF is, or if you’d like to have your documents reviewed by legal counsel,
you may contact our office at the number or e-mail below.

Learn more About Nachman & Associates, P.C. When traditional immigration  approaches do not work, our skilled legal team offers many visa options to meet your immigration goals. Please feel free to contact us at any of our office locations, and speak to an associate in one of our 12
languages spoken, including: Spanish, French, Japanese, Korean, Slovak,
Czech, Polish, Tagalog, Italian, Russian, Chinese, and German.

To meet a growing demand for Canadian immigration from the United States, in 2005 Nachman & Associates formed a Canadian Division, managed by licensed Canadian legal staff. With offices in Montreal, and Toronto, Canada (as well as in New York and New Jersey in the U.S.) our Canadian Division attorneys are in the unique position to assist with cross-border issues. If you, or any member of your staff, are interested in receiving more information about U.S. and/or Canadian Immigration options, please contact our offices at 201-670-0006 (x100) or e-mail to us at info@visaserve.com.

Website: http://www.visaserve.com
Nachman & Associates, P.C.
David H. Nachman, Managing Attorney
email: david_nachman@visaserve.com

phone: 201-670-0006 ext. 100

Article Source: http://EzineArticles.com/?expert=David_Nachman

USCIS to Offer Free E-Verify Informational Seminars for
Federal Contractors.

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) invites federal contractors
and subcontractors affected by the Federal Acquisition Regulation (FAR) E-Verify clause to attend
a free E-Verify informational seminar on Feb. 23 or 24 at 2451 Crystal Drive, Arlington, Va.
Each two-hour seminar will include a demonstration of the E-Verify system, presentations
concerning issues related to the employment verification process, and question and answer
segments with government representatives.
The seminars are being offered twice each day from 10 a.m. until noon and again from 2 p.m. until
4 p.m.
To register for a seminar, e-mail E-VerifyOutreach@dhs.gov with your company name, telephone
number, number of guests, and date and time of desired seminar. Advance reservations are
required; a registration confirmation will be provided.
More than 183,000 participating employers nationwide currently use E-Verify to electronically verify
their workers’ employment eligibility. Since Oct. 1, 2008, more than 3.9 million employment
verification queries have been run through the system and about 97 percent of all queries are now
automatically confirmed as work-authorized within 24 hours or less.
USCIS operates E-Verify in partnership with the Social Security Administration. More information
on the program is available on the E-Verify Web site at www.dhs.gov/e-verify. E-Verify customer
support is also available by calling toll free (888) 464-4218.

Release Date: July 8, 2009 – For Immediate Release – Office of the Press Secretary – Contact: 202-282-8010

Department of Homeland Security (DHS) Secretary Janet Napolitano today strengthened employment eligibility verification by announcing the Administration’s support for a regulation that will award federal contracts only to employers who use E-Verify to check employee work authorization. The declaration came as Secretary Napolitano announced the Department’s intention to rescind the Social Security No-Match Rule, which has never been implemented and has been blocked by court order, in favor of the more modern and effective E-Verify system.

“E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce,” said Secretary Napolitano. “Requiring those who seek federal contracts to use this
system will create a more reliable and legal workforce.

The rule complements our Department’s continued efforts to strengthen immigration law enforcement and protect critical employment opportunities. As Senator Schumer and others have recognized, we need to continue to work to improve E-Verify, and we will.”

E-Verify, which compares information from the Employment Eligibility Verification Form (I-9) against federal government databases to verify workers’ employment eligibility, is a free web-based system operated by DHS in partnership with the Social Security Administration (SSA). The system facilitates compliance with federal immigration laws and helps to deter unauthorized individuals from attempting to work and also helps employers avoid employing unauthorized aliens.

The federal contractor rule extends use of the E-Verify system to covered federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds. After a careful review, the Administration will push ahead with full implementation of the rule, which will apply to federal solicitations and contract awards Government-wide starting on September 8, 2009.

On average, one thousand employers sign up for E-Verify each week, totaling more than 134,000 employers representing more than half a million locations nationwide. Westat, an independent research firm, found that 96.9 percent of all queries run through E-Verify are automatically confirmed work-authorized within 24 hours. The figure is based on statistics gathered from October through December 2008. Since October 1, 2008, E-Verify has processed more than six million queries.

In an April 2009 American Customer Satisfaction Index Survey of over a
thousand E-Verify participants, E-Verify scored 83 out of a possible 100 points—well above the latest federal government satisfaction index of 69 percent.

In addition to expanding participation, DHS continues to enhance E-Verify in order to guard against errors, enforce compliance, promote proper usage, and enhance security. Recent E-Verify advancements include new processes to reduce typographical errors and new features to reduce initial mismatches. In May 2008, DHS added access to naturalization database records which increased the program’s ability to automatically verify naturalized citizens’ status, reducing citizenship-related mismatches by 39 percent.

Additionally, in February 2009, the agency incorporated Department of State passport data in the E-Verify process to reduce mismatches among foreign-born citizens. Other initiatives underway will bring further improvements to Federal database
accuracy; add new tools to prevent fraud, misuse, and discrimination; strengthen training, monitoring, and compliance; and enhance privacy protections.

DHS will be proposing a new regulation rescinding the 2007 No-Match Rule, which was blocked by court order DHS: Secretary Napolitano Strengthens Employment Verification with Administration’s shortly after issuance and has never taken effect. That rule established procedures that employers could follow if they receive SSA No-Match letters or notices from DHS that call into question work eligibility information provided by employees. These notices most often inform an employer many months or even a year later that an employee’s name and Social Security Number provided for a W-2 earnings report do not match SSA records—often due to typographical errors or unreported name changes. E-Verify addresses data inaccuracies that can
result in No-Match letters in a more timely manner and provides a more robust tool for identifying unauthorized individuals and combating illegal employment.

As Governor of Arizona, Secretary Napolitano signed legislation mandating all employers in the State use EVerify.Implementation of this legislation has received high marks from employers across Arizona and the USCIS Ombudsman (in a December 2008 report).

For more information on E-Verify, visit www.uscis.gov/everify or you can e-mail us at info@visaserve.com.

Consider doing an internal Form I-9 audit or an external audit performed a representative of our office! Immigration and Customs Enforcement (”ICE”) announced on July 1st, 2009 that it will send audit letters to 652 businesses throughout the U.S. to determine whether they are complying with employment verification laws and regulations.

The ICE News Release states: “Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual’s identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual.”

The 652 businesses being presented with a Notice of Inspection. Apparently, an I-9 audit may have been selected for inspection as a result of leads and information obtained through other investigative means. ICE further states: “Due to the ongoing, law enforcement sensitive nature of these audits, the names and locations of the businesses will not be released at this time.” The ICE Release can be viewed at http://www.ice.gov/pi/nr/0907/090701washington.htm

Our office is in the process of assisting several employers with these audits and it appears that, for many, the receipt of information from the U.S. Social Security Administration or the State Department of Labor may be the genesis of the investigation.

For more information on the I-9 Audits, the Employment Verification Process or prearing a response to a Notice of Investigation from ICE, please visit the ICE website at www.ice.gov or contact our offices at www.visaserve.com. You can also call us at 201-670-0006 (x107).