Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the “Employee-Employer Relationship” in H-1B Petitions.

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.

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

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

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

3rd Annual FREE Employment Verification Workshop

Date: June 8th, 2010

Time: 10:00 am – 4:00 pm (lunch included)

Location: Fairleigh Dickinson University, Hackensack, New Jersey Campus

Speakers: David H. Nachman, Esq., Victoria Donoghue, Esq., and invited speakers from OSC (DOJ), CIS, and ICE.

Event: This program will cover the employer’s responsibilities with regard to employment verification procedures pursuant to the Immigration Reform and Control Act (”IRCA”) of 1986 (the I-9 Form). The seminar will include a presentation on anti-discrimination provisions from the U.S. DOJ’s Office of Special Counsel, the CIS E-Verify Division and the ICE IMAGE Division. This event is pending HRCI Continuing Education Credits.

For more information, contact our office: 201-670-0006, info@visaserve.com

*** HRCI Credits available for this program.

———————–

Employment Verification Compliance Seminar – New York

Date: June 9th, 2010

Time: 10:00 am – 4:00 pm (lunch included)

Location: The Graduate Center of the City University of New York, 365 5th Avenue (34th Street), New York, NY

Speakers: David H. Nachman, Victoria Donoghue, and invited speakers from CIS, ICE and DOJ.

Event: This program will cover the employer’s responsibilities with regard to employment verification procedures pursuant to the Immigration Reform and Control Act (”IRCA”) of 1986 (I-9 Form). The seminar will include presentation on anti-discrimination provisions from the U.S. DOJ’s Office of Special Counsel, the CIS E-Verify Division and the ICE IMAGE Division. This event is pending HRCI Continuing Education Credits.

For more information, contact our office: 201-670-0006, info@visaserve.com

*** HRCI Credits available for this program.

Executive Summary April 15, 2010
Listening Session – Impact of H-1B Memo on the Healthcare Industy
Background.

On March 26, 2010, the Office of Public Engagement (OPE) hosted a listening session with medical
professionals and legal practitioners who represent medical professionals. The purpose of the session was
to understand the implications of the January 8, 2010 H-1B memo, which provides guidance on
determining if a valid employer-employee relationship exists, on the healthcare industry. The session
presented stakeholders with an opportunity to explain the potential effect of the memo on the industry and
to inform the Agency of suggestions to revise or clarify existing guidance.
Principal Themes
• Structure of Physician Employment
The stakeholder community stressed the necessity of H-1B status for physicians. They explained that
many physicians first enter as J-1 visa holders to work in underserved areas and then must convert to H-
1B status. Many physicians who are required to work in underserved areas may be the only medical
provider in the area. Moreover, some states have laws that prohibit hospitals from being direct employers
of the physician. Therefore many physicians may be self-employed and unable to qualify for H-1B status
pursuant to the memo. Stakeholders claim that this reliance on the H-1B and the impact of the memo
adversely affects U.S. health care.
The stakeholders further explained that the general structure of physician employment is through a
physicians group who is the responsible party and who exercise control of the employee/physician. The
physicians group operates much the same as a staffing company. However, the stakeholders expressed
that physicians work more independently and are often not being supervised by groups that employ them.
This scenario is the dominant model. The stakeholders asserted that, under the existing guidance, the
physician cannot be supervised by the “end client”. However, in this scenario, the hospital is the “end
client” and does exercise some control over the physicians’ employment.
• Staffing Model
The stakeholder community expressed concern with the impact that the guidance poses on the staffing
model that is used to place health care professionals in the United States. Stakeholders reiterated that
several large states, including Texas and California, have laws which prohibit a hospital from being a
direct employer. Additionally, the existing staff model also allows the industry to address the challenge
of placing physicians and other medical professionals in underserved areas. For example, stakeholders
indicated that many emergency rooms outsource to staffing companies who provide physicians and can
meet the immediate needs of a hospital.
Many stakeholders also emphasize that, under the current model, staffing companies control the
employment of healthcare personnel but do not handle day to day supervision. They argue that the nature of the business makes on site supervision extremely difficult. Examples of this include: a physician who rotates between several different facilities during his or her residency; a home health care aide where no
one is present on site to supervise the clinical duties; and a group practice where the staffing company
exercises some level of control but also does not provide on site supervision.
Stakeholders stated that if the “right to control” is required, this contradicts the current regulations.
However, if the right to control is not the primary requirement, the memo needs to provide greater
specificity that this is only one of the elements considered in determining the employer-employee
relationship. Stakeholders proposed that other elements of control be considered including: who pays
malpractice insurance; whether or not the IRS legally recognizes the relationship as a valid employeremployee
relationship; and who controls hiring/firing. It was also suggested that the memo, as currently
written, invites adjudicators to make ad hoc decisions on level of control which leads to inconsistency in
adjudications.
• Individual Professions
Stakeholders asserted that different professions have different levels of inherent control, such as doctors
and lawyers. These individuals are employed within “individual professions” which require that they
exercise independent ethical judgment. Stakeholders suggested that perhaps the memo needs to outline
additional control factors that define the employer-employee relationship. This clarification would include
such elements as whether or not the employee is within a licensed profession that is controlled by certain
ethics rules.

DHS Unveils Initiatives to Enhance E-Verify.

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.

DOL SECRETARY SOLIS ANNOUNCES THE DEPARTMENT TO EXERCISE ITS AUTHORITY TO CERTIFY U VISAS.

“On March 15, 2010 Secretary Solis announced that the Department of Labor (“DOL”) will begin exercising its authority to certify applications for U Nonimmigrant Status Visas (”U Visas”).”

So, what is the big fuss, you may ask? Well, if U.S. employers take a close look at the rules and regulations . . . it means that the U.S. Department of Labor has another enforcement tool in its “bag of tricks.”

The DOL can afford U Visa status to any foreign nationals that help the DOL investigate employers who are involved in Wage and Hour Violations and other Workplace Violations.

Employers need to be mindful (more then ever before) that they should carefully follow all of the DOL’s rules and regulations.

CLICK on the link below to read the U Visa Certification Announcement from the DOL:

http://www.dol.gov/opa/media/press/opa/opa20100312-fs.htm