Introduction

U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification. The memorandum clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites. The memorandum is titled: “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements: Additions to Officer’s Field Manual (AFM) Chapter 31.3(g)(15)(AFM Update AD 10-24).” In addition to clarifying the requirements for a valid employer-employee relationship, the memorandum also discusses the types of evidence petitioners may provide to establish that an employer-employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period.

Questions & Answers

Q: Does this memorandum change any of the requirements to establish eligibility for an H-1B petition?

A: No. This memorandum does not change any of the requirements for an H-1B petition. The H-1B regulations currently require that a United States employer establish that it has an employer-employee relations with respect to the beneficiary, as indicated by the fact that it may hire, pay, fire, supervise or otherwise control the work of any such employee. In addition to demonstrating that a valid employer-employee relationship will exist between the petitioner and the beneficiary, the petitioner must continue to comply with all of the requirements for an H-1B petition including:

establishing that the beneficiary is coming to the United States temporarily to work in a specialty occupation;
demonstrating that the beneficiary is qualified to perform services in the specialty occupation; and filing of a Labor Condition Application (LCA) specific to each location where the beneficiary will perform services.

Q: What factors does USCIS consider when evaluating the employer-employee relationship?

A: As stated in the memorandum, USCIS will evaluate whether the petitioner has the “right to control” the beneficiary’s employment, such as when, where and how the beneficiary performs the job. Please see the memorandum in the links in the upper right hand of this page for a list of factors that USCIS will review when determining whether the petitioner has the right to control the beneficiary. Please note that no one factor is decisive and adjudicators will review the totality of the circumstances when making a determination as to whether the employer-employee relationship exists.

Q: What types of evidence can I provide to demonstrate that I have a valid employer-employee relationship with the beneficiary?

A: You may demonstrate that you have a valid employer-employee relationship with the beneficiary by submitting the types of evidence outlined in the memorandum or similar probative types of evidence.

Q: What if I cannot submit the evidence listed in the memorandum?

A: The documents listed in the memorandum are only examples of evidence that establish the petitioner’s right to control the beneficiary’s employment. Unless a document is required by the regulations, i.e. an itinerary, you may provide similarly probative documents. You may submit a combination of any documents that sufficiently establish that the required relationship between you and the beneficiary exists. You should explain how the documents you are providing establish the relationship. Adjudicators will review and weigh all the evidence submitted to determine whether a qualifying employer-employee relationship has been established.

Q: What if I receive or have received an RFE requesting that I submit a particular type of evidence and I do not have the exact type of document listed in the RFE?

A: If the type of evidence requested in the RFE is not a document that is required by regulations, you may submit other similar probative evidence that addresses the issue(s) raised in the RFE. You should explain how the documents you are providing address the deficiency(ies) raised in the RFE. Adjudicators will review and weigh all evidence based on the totality of the circumstances. Please note that you cannot submit similar evidence in place of documents required by regulation.

Q: Will my petition be denied if I cannot establish that the qualifying employer-employee relationship will exist?

A: If you do not initially provide sufficient evidence of an employer-employee relationship for the duration of the requested validity period, you may be given an opportunity to correct the deficiency in response to a request for evidence (RFE). Your petition will be denied if you do not provide sufficiently probative evidence that the qualifying employer-employee relationship will exist for any time period.

Q: What if I can only establish that the qualifying employer-employee relationship will exist for a portion of the requested validity period?

A: If you do not initially provide sufficient evidence of an employer-employee relationship for the duration of the requested validity period, you may be given an opportunity to correct the deficiency in response to a request for evidence (RFE). Your petition may still be approved if you provide evidence that a qualifying employer-employee relationship will exist for a portion of the requested validity period (as long as all other requirements are met), however, USCIS will limit a petition’s validity to the time period of qualifying employment established by the evidence.

Q: What happens if I am filing a petition requesting a “Continuation of previously approved employment without change” or “Change in previously approved employment” and an extension of stay for the beneficiary in H-1B classification, but I did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition?

A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis.

Q: What if I am filing a petition requesting a “Change of Employer” and an extension of stay for the beneficiary’s H-1B classification? Would my petition be adjudicated under the section of the memorandum that deals with extension petitions?

A: No. The section of the memorandum that covers extension petitions applies solely to petitions filed by the same employer to extend H-1B status without a material change in the original terms of employment. All other petitions will be adjudicated in accordance with the section of the memorandum that covers initial petitions.

Q: I am a petitioner who will be employing the beneficiary to perform services in more than one work location. Do I need to submit an itinerary in support of my petition?

A: Yes. You will need to submit a complete itinerary of services or engagements, as described in the memo, in order to comply with 8 CFR 214.2(h)(2)(i)(B) if you are employing the beneficiary to perform services in more than one work location. Furthermore, you must comply with Department of Labor regulations requiring that you file an LCA specific to each work location for the beneficiary.

Q: The memorandum provides an example of when a beneficiary, who is the sole owner of the petitioner, would not establish a valid employer-employee relationship. Are there any examples of when a beneficiary, who is the sole owner of the petitioner, may be able to establish a valid employer-employee relationship?

A. Yes. In footnotes 9 and 10 of the memorandum, USCIS indicates that while a corporation may be a separate legal entity from its stockholders or sole owner, it may be difficult for that corporation to establish the requisite employer-employee relationship for purposes of an H-1B petition. However, if the facts show that there is a right to control by the petitioner over the employment of the beneficiary, then a valid employer-employee relationship may be established. For example, if the petitioner provides evidence that there is a separate Board of Directors which has the ability to hire, fire, pay, supervise or otherwise control the beneficiary, the petitioner may be able to establish an employer-employee relationship with the beneficiary.

Q: What happens if I do not submit evidence of the employer-employee relationship with my initial petition?

A: If you do not initially provide sufficient evidence of an employer-employee relationship for the duration of the requested validity period, you will be given an opportunity to correct the deficiency in response to a request for evidence (RFE). However, failure to provide this information with the initial submission will delay processing of your petition.

For more information on USCIS and its programs, call 1-800-375-5283.

NEW YORK – Attorney General Eric T. Schneiderman today announced that his office has shut down two fraudulent immigration service companies for targeting and defrauding Haitian nationals who were affected by the devastating January 2010 earthquake. The entities defrauded the victims of thousands of dollars by illegally providing immigration services they were not authorized to provide and by misrepresenting a new law that granted Temporary Protected Status (”TPS”) to qualified Haitian nationals.

“These con artists preyed on vulnerable families in the aftermath of Haiti’s devastating earthquake, by misrepresenting the law and providing fake immigration services. Today, these organizations are being held accountable for their fraudulent actions and their brazen disregard for the people they are purporting to help,” said Attorney General Eric T. Schneiderman. “It is unconscionable that these companies defrauded victims of the Haiti earthquake just to make a quick buck. We will continue working aggressively to root out fraud wherever it exists, and that includes bringing those who prey on the immigrant community to justice.”

The entities defrauded the victims of thousands of dollars by illegally providing immigration services they were not authorized to provide. Specifically, these entities and individuals, who are not attorneys or accredited by the federal government, lured Haitian immigrants with the false promise of securing them legal immigration status. Moreover, they charged victims hundreds of dollars without determining whether the customers would have been eligible to obtain the TPS immigration benefit at all or could have obtained a waiver of fees from the federal government.

Under the terms of the agreements, Rincher’s Bookstore a/k/a Rincher Associates, Inc. a/k/a Rincher Associates & Bookstore a/k/a Rincher’s Multi Services, Haitian American Entrepreneur’s Group, LLC a/k/a Delrin Associates, LLC, and Profimax, Inc. and their owners Deslande Seixas-Rincher a/k/a Dislande Rincher, Sharlene Seixas-Rincher and Fred Pinard are required to shut their businesses, are permanently barred from operating a business that provides immigration-related services, and must collectively pay more than $25,000 for their illegal practices. These corporations are required to notify all former and current clients in writing that they are no longer providing any immigration-related services, return client files, and retain all records regarding any complaints.

Additionally, in June 2010, the Attorney General’s Office initiated a lawsuit against Chay Pa Lou Community Center, Inc.; Delegue Tax Consultant, Inc. and Jean Michel. The Court recently issued a preliminary injunction in the case. While the lawsuit is pending, Defendants are barred from, among other things, providing any immigration services or legal advice, from practicing law or holding themselves out to be practicing law, and from destroying or disposing of any records relevant to the case.

Lisa Schreibersdorf, Executive Director of Brooklyn Defender Services, stated: “As we mark the one-year anniversary of the Haitian earthquake, we continue to witness a community that remains extremely vulnerable while attempting to survive the atrocities in Haiti. I commend the Attorney General’s Office for fighting to prevent the most vulnerable of immigrants from being victimized for a second time by shutting down businesses that can further harm a community already in dire need of assistance.”

Kathleen A. Masters, Executive Director of CAMBA Legal Services, stated: “We applaud the Attorney General’s Office for ensuring that fraudulent and predatory entities do not target and take advantage of these particularly vulnerable families who are seeking potentially life-saving immigration relief in the wake of the tragic earthquake in Haiti.”

All New Yorkers should be aware of organizations and not-for-profits providing immigration services for exorbitant fees and without proper accreditation. A list of free and low-cost immigration services that are authorized to provide immigration services can be found through the Board of Immigration Appeals (BIA) at www.usdoj.gov/eoir/statspub/raroster.htm/.

The cases are being handled by Assistant Attorneys General Sandra Abeles and Vilda Vera Mayuga and Assistant Deputy Counselor Elizabeth De León, with the assistance of Investigators John McManus and Angel LaPorte, under the supervision of Chief Counsel for Civil Rights Spencer Freedman.

If you have been a victim of immigration services fraud, please contact the Attorney General’s Immigration Services Fraud Unit Hotline at (866) 390-2992 or visit www.ag.ny.gov

BUFFALO, N.Y. – Human trafficking is a horrific crime in both the United States and around the world. According to U.S. Government estimates, more than 12 million persons globally are subjected to trafficking or exploitive circumstances. The United Nations estimates human trafficking is a multi billion dollar per year criminal enterprise worldwide.

In a concerted effort to promote public awareness of the threat of human trafficking and forced labor, federal law enforcement agencies came together in Buffalo to discuss unified enforcement efforts to attack these criminal organizations who attempt to enslave innocent victims.

The public event was hosted by U.S. Immigration and Customs Enforcement (ICE) and the U.S. Attorney for the Western District of New York at Buffalo State College. The goal of the event was to highlight the issue of human trafficking, increase public awareness of ICE’s mission and enforcement efforts and to enhance the dialogue between ICE and members of the public service associations, universities, and attorneys who provide assistance to immigrant communities in Western New York.

“Around the globe, ICE’s Homeland Security Investigations (HSI) is dedicated to detecting and dismantling criminal organizations that reap enormous profits on the backs of innocent victims forced into virtual slave like conditions,” said Lev Kubiak, special agent in charge of ICE HSI in Buffalo. “ICE partners with local, state and federal law enforcement agencies and community groups here and in foreign countries to bring to justice criminals who exploit people by stealing their basic human rights and freedom. To this end, it is important that the public and those that provide assistance to immigrant communities also fully understand ICE’s mission.”

“If there’s one thing true in the 21st Century, it’s that the world has become a very small place. This is especially true when it comes to immigration-related issues,” said U.S. Attorney Hochul. “In Western New York, we have immigrants from throughout the world right here in our community. Immigration and Customs Enforcement officers, meanwhile, conduct investigations out of the Buffalo office that involve people and countries located throughout the world. In both instances, collaboration among law enforcement, community leaders, non-governmental organizations and university faculty and students are vitally important as we seek to return Western New York to the prominence it once held. For these reasons, I applaud the Buffalo ICE office for a program that was very worthwhile.”

The meeting was attended by law enforcement officials, advocacy groups, and academics along with representatives of U.S. Senator Kristen Gillibrand’s and Congressman Christopher Lee’s offices.

“I appreciate representatives from ICE coming to Buffalo today to discuss the joint enforcement efforts by the agency and the U.S. Attorney for Western New York to combat the growing trend of human trafficking,” said Congressman Chris Lee (NY-26). “Today’s event was an opportunity for the public to learn how ICE is partnering with local officials and organizations to combat this troubling trend, and I appreciate the efforts of ICE and U.S. Attorney Hochul to confront this important issue head-on.”

ICE officials also explained the Department of Homeland Security’s Blue Campaign, a agency wide initiative to combat human trafficking through enhanced public awareness, victim assistance programs, and law enforcement training and initiatives. The campaign encompasses a wide range of programs designed to engage to the American and global public; the Department’s federal, state, local and tribal law enforcement partners; non-profit and non-governmental organizations; and governments around the world.

In addition, ICE officers discussed the agency’s mission and presented information on a number of enforcement and community outreach programs.

Michael T. Phillips, director of the ICE’s Enforcement and Removal Operations (ERO) office in Buffalo also made presentations on the mission of ICE ERO in Western New York. Phillips said, “Today’s event was an effort to further foster an environment of open communication between ICE’s various entities and the NGO and advocate community. All parties involved are best served when we are able to maintain an open dialogue regarding our respective missions.”

“We view this outreach and information session as a unique opportunity to not only learn about the many facets of ICE but to also have access to a vast array of supervisory staff responsible for directing this often time confusing maze of immigration enforcement,” said Joanne Macri, director of Criminal Defense Immigration Project for the New York State Defenders Association. “We wish to express our gratitude to Director Phillips for providing this forum as we look forward to a continuing relationship open communication with the Buffalo SAC and ERO.”

“The Departments of Justice, Homeland Security and Labor announced today the launch of a nationwide Human Trafficking Enhanced Enforcement Initiative designed to streamline federal criminal investigations and prosecutions of human trafficking offenses. As part of the Enhanced Enforcement Initiative, specialized Anti-Trafficking Coordination Teams, known as ACTeams, will be convened in select pilot districts around the country. The ACTeams, comprised of prosecutors and agents from multiple federal enforcement agencies, will implement a strategic action plan to combat identified human trafficking threats. The ACTeams will focus on developing federal criminal human trafficking investigations and prosecutions to vindicate the rights of human trafficking victims, bring traffickers to justice and dismantle human trafficking networks.”

February 1st, 2011.

At the request of the Federal Trade Commission, a federal judge has shut down an operation that allegedly posed as the U.S. government, then duped consumers into paying fees ranging from $200 to $2,500 by claiming the fees would cover processing by the United States Citizenship and Immigration Services. The court froze the defendants’ assets and appointed a receiver to take over the business until the case is resolved. The FTC has asked the court to halt the business practices permanently and order the operation to repay its victims.

The real U.S. Citizenship and Immigration Service (USCIS), a division of the Department of Homeland Security, offers advice and counseling to immigrants in the United States and people seeking to immigrate to the United States. USCIS provides application forms for such benefits as green card renewal, work visas, and applications for asylum. The application forms are free but can cost hundreds or thousands of dollars to process.

According to the FTC, defendants Immigration Center and Immigration Forms and Publications, Inc., set up websites that mimic official government sites, and then used the fake sites to steer immigrants to their deceptive telemarketing operation. The websites depicted American eagles, the U.S. flag, and the Statue of Liberty and had URLs such as www.uscis-ins.us and www.usgovernmenthelpline.com. The sites directed consumers to call a toll-free number that an automated voice answered, “Immigration Center.” Consumers were then transferred to a live person who answered, “USCIS or “U.S. Immigration Center,” and identified him or herself as an “agent,” “immigration officer,” or “caseworker.” The sites also offered counseling and application forms. The counseling was done by telemarketers who did not meet legal requirements to provide immigration services, the FTC said.

Adding to the consumers’ confusion, the FTC alleged, the defendants charged fees for application forms that were the same amount as the government processing fees, leading them to believe the fees covered the cost of USCIS processing. Some consumers who applied for the forms were told to send checks by overnight mail to cover the costs. Others paid with checks or money orders on delivery. Consumers ended up paying for applications that were never processed by the USCIS for failure to pay the official processing fee, or, in some cases, they were charged twice, once by the defendants and once by the government after the defendant forwarded their bank account information to USCIS.

The FTC charged the defendants with violating federal law by misrepresenting:

* that they were authorized to provide immigration and naturalization services;
* that they were affiliated with the U.S. government; and
* that the fees paid by consumers would cover all the costs associated with submitting immigration documents to the USCIS.

In addition, two of the defendants were charged with providing the others with the means and instrumentalities to further the illegal scheme.

The correct website of the U.S. Citizenship and Immigration Service is www.uscis.gov.

The defendants named in the case are Immigration Center; Immigration Forms and Publications, Inc; Charles Doucette, individually and doing business as Telestaffing; Immigration Forms and Services and Immigration Form Processing; Deborah Stilson aka Deborah Malmstrom; Alfred Boyce; Thomas Strawbridge; Robin Meredith; Thomas Lawrence; and Elizabeth Meredith.

The Commission vote authorizing staff to file the complaint was 5-0. The complaint was filed in the U.S. District Court for the District of Nevada.

The FTC wishes to acknowledge the invaluable assistance in this matter by the Department of Homeland Security; the U.S. Customs and Immigration Services; Immigration and Customs Enforcement; Office of the Attorney General of Colorado; Office of the Attorney General of Missouri; Office of the Attorney General of Nevada; the Pettis County, Missouri Sheriff’s Office; the Department of Justice and Executive Office for Immigration Review; and the U.S. Postal Inspection Service.

NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The complaint is not a finding or ruling that the defendant has actually violated the law. The case will be decided by the court.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,800 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.

MEDIA CONTACT:
Claudia Bourne Farrell
Office of Public Affairs
202-326-2181
STAFF CONTACT:
David Horn
Northwest Region
206-220-4483

The new certificates, used to obtain passports and other legal documents, come after U.S. Citizenship and Immigration Services (USCIS) unveiled a new green card — the ID card for immigrants with permanent residency status — this year that had improved security features to prevent forgery and tampering.

Read the article in USA Today at the following link:

http://www.usatoday.com/news/nation/2010-10-25-citizenship25_ST_N.htm

Our staff of immigration law professionals are sensitive to the needs of our clients and the members of their families. Many members of our staff are themselves foreign born and have family and/or friends who have gone through the immigration process. As a result, our staff of business immigration law professionals have a personal and unique approach to processing visas and for dealing with our foreign national clientele. Our legal team can clearly explain how to process temporary and permanent work permits in the U.S. The PERM Labor Certification Process is time-consuming and complex and our staff of business immigration law professionals can clearly explain the process in Spanish, French, Japanese, Korean, Tamil, Hindi, Slovak, Czech, Russian, Chinese, German and English.

To schedule a consultation, please feel free to info@visaserve.com or you can call toll free to 1-866-599-3625.

The U.S. Department of Labor has promulgated a helpful guide for employers about the H-1B nonimmigrant visa process.

Check it out at:

http://www.dol.gov/elaws/h1b.htm

By Charles E. Schumer and Lindsey O. Graham

Friday, March 19, 2010

Our immigration system is badly broken. Although our borders have become far more secure in recent years, too many people seeking illegal entry get through. We have no way to track whether the millions who enter the United States on valid visas each year leave when they are supposed to. And employers are burdened by a complicated system for verifying workers’ immigration status.
Last week we met with President Obama to discuss our draft framework for action on immigration. We expressed our belief that America’s security and economic well-being depend on enacting sensible immigration policies.

The answer is simple: Americans overwhelmingly oppose illegal immigration and support legal immigration. Throughout our history, immigrants have contributed to making this country more vibrant and economically dynamic. Once it is clear that in 20 years our nation will not again confront the specter of another 11 million people coming here illegally, Americans will embrace more welcoming immigration policies.
Our plan has four pillars: requiring biometric Social Security cards to ensure that illegal workers cannot get jobs; fulfilling and strengthening our commitments on border security and interior enforcement; creating a process for admitting temporary workers; and implementing a tough but fair path to legalization for those already here.

Besides border security, ending illegal immigration will also require an effective employment verification system that holds employers accountable for hiring illegal workers. A tamper-proof ID system would dramatically decrease illegal immigration, experts have said, and would reduce the government revenue lost when employers and workers here illegally fail to pay taxes.

We would require all U.S. citizens and legal immigrants who want jobs to obtain a high-tech, fraud-proof Social Security card. Each card’s unique biometric identifier would be stored only on the card; no government database would house everyone’s information. The cards would not contain any private information, medical information, nor tracking devices. The card will be a high-tech version of the Social Security card that citizens already have.

Prospective employers would be responsible for swiping the cards through a machine to confirm a person’s identity and immigration status. Employers who refused to swipe the card or who otherwise knowingly hired unauthorized workers would face stiff fines and, for repeat offenses, prison sentences.

We propose a zero-tolerance policy for gang members, smugglers, terrorists and those who commit other felonies after coming here illegally. We would bolster recent efforts to secure our borders by increasing the Border Patrol’s staffing and funding for infrastructure and technology. More personnel would be deployed to the border immediately to fill gaps in apprehension capabilities.

Other steps include expanding domestic enforcement to better apprehend and deport those who commit crimes and completing an entry-exit system that tracks people who enter the United States on legal visas and reports those who overstay their visas to law enforcement databases.

Ending illegal immigration, however, cannot be the sole objective of reform. Developing a rational legal immigration system is essential to ensuring America’s future economic prosperity.

Ensuring economic prosperity requires attracting the world’s best and brightest. Our legislation would award green cards to immigrants who receive a PhD or master’s degree in science, technology, engineering or math from a U.S. university. It makes no sense to educate the world’s future inventors and entrepreneurs and then force them to leave when they are able to contribute to our economy.

Our blueprint also creates a rational system for admitting lower-skilled workers. Our current system prohibits lower-skilled immigrants from coming here to earn money and then returning home. Our framework would facilitate this desired circular migration by allowing employers to hire immigrants if they can show they were unsuccessful in recruiting an American to fill an open position; allowing more lower-skilled immigrants to come here when our economy is creating jobs and fewer in a recession; and permitting workers who have succeeded in the workplace, and contributed to their communities over many years, the chance to earn a green card.

For the 11 million immigrants already in this country illegally, we would provide a tough but fair path forward. They would be required to admit they broke the law and to pay their debt to society by performing community service and paying fines and back taxes. These people would be required to pass background checks and be proficient in English before going to the back of the line of prospective immigrants to earn the opportunity to work toward lawful permanent residence.

The American people deserve more than empty rhetoric and impractical calls for mass deportation. We urge the public and our colleagues to join our bipartisan efforts in enacting these reforms.

Charles E. Schumer is a Democratic senator from New York. Lindsey O. Graham is a Republican senator from South Carolina.

Release Date: March 17, 2010

For Immediate Release
Office of the Press Secretary

Contact: 202-282-8010

Agreement with Department of Justice and Outreach Initiatives Will Strengthen E-Verify for Employers and Employees

Department of Homeland Security (DHS) Secretary Janet Napolitano today joined U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas to announce a trio of initiatives to strengthen the efficiency and accuracy of the EVerify
system.

These initiatives include a new agreement with the Department of Justice that will streamline the adjudication process in cases of E-Verify misuse and discrimination; an informational telephone hotline for employees to provide a more timely, effective and seamless customer experience for workers seeking E-Verify information; and new training videos focusing on E-Verify procedures and policies, employee rights and employer responsibilities in English and Spanish.

“E-Verify is a smart, simple and effective tool that helps employers across the country maintain a legal workforce,” said Secretary Napolitano. “The initiatives announced today will provide essential information to workers about their rights and ensure that E-Verify is used fairly while bolstering the Department’s efforts to protect critical employment opportunities.”
“USCIS continues to partner with our federal colleagues, as well as industry and employee representatives, to build a verification program that is accurate, efficient and fair for employers and workers alike,” said Director Mayorkas. “We look forward to working with our colleagues in the Department of Justice to ensure the continued integrity and improvement of EVerify.”

“This agreement will better enable us to protect individuals who are authorized to work in this country from national origin or citizenship-status discrimination,” said Assistant Attorney General for Civil Rights Division Thomas Perez. “We will not hesitate to take action against employers who violate our nation’s civil rights laws.” The Memorandum of Agreement signed between USCIS and the Department of Justice’s Office of Special Counsel for Unfair Immigration-Related Employment Practices establishes a streamlined process for addressing potential cases of discrimination and employer misuse of E-Verify and establishes protocol between USCIS and the Department of Justice for referring matters that fall within the agencies’ respective jurisdictions.

The two new, educational training videos, explaining E-Verify procedures and policies, employee rights and employer responsibilities in English and Spanish were created by the DHS Office for Civil Rights and Civil Liberties and are viewable at www.dhs.gov/e-verify and www.youtube.com/ushomelandsecurity.
Additionally, the USCIS E-Verify help line will now offer employees information about the E-Verify process, as well as assistance in completing the Form I-9 (Employment Eligibility Verification). Callers can also use the help line to file complaints about possible discrimination or employer misuse of the E-Verify program. The hotline number is (888) 897-7781 and will be active beginning April 5, 2010.

E-Verify is a free, easy-to-use Web-based system—operated in partnership by USCIS and the Social Security Administration
—that allows participating employers to electronically verify the employment eligibility of newly-hired employees. More than
192,000 participating employers at more than 705,000 worksites nationwide currently use E-Verify to electronically verify their
workers’ employment eligibility. Since Oct. 1, 2009, E-Verify has processed more than six million queries.

For more information, visit www.dhs.gov/e-verify.