Immigration Inbox: Immigration News You Can Use - May 2009

Headlines

1. DHS Announces Changes in its Worksite Enforcement Strategy– The new strategy reflects a strong focus on prosecution of employers who hire “illegal workers,” with possibly a more flexible attitude toward the unauthorized workers who may be arrested during worksite enforcement operations.

2. H-1B Cap Still Not Reached, USCIS Announces– The agency continues to accept petitions subject to the general cap.

3. DOL Unveils New LCA/PERM Labor Certification Electronic Application System– “iCERT” is a new electronic system for submitting the labor condition application (LCA) and the application for permanent labor certification (PERM).

4. New Immigration Bills Introduced: H-1B and L-1 Restrictions and Next-Generation Electronic Employment Verification System Proposed– Among other things, the H-1B and L-1 Visa Reform Act would allow the DOL to conduct random audits of any company that uses the H-1B program and would require the DOL to conduct annual audits of companies who employ large numbers of H-1B workers. It would also make significant changes to the L-1 visa category. The New Employee Verification Act (NEVA) would extend E-Verify but lays the groundwork for a pro-business successor.

5. USCIS Recommends New Procedures for Case Queries– United States Citizenship and Immigration Services (USCIS) has recommended a new protocol for resolving case-specific inquiries.

6. USCIS Issues Q&A on Cap Gap Extension of Post-Completion Practical Training and F-1 Status for Eligible Students– USCIS has issued a Q&A addressing the automatic extension of F-1 student status in the U.S. for certain students with pending or approved H-1B petitions for an employment start date of October 1, 2009.

7. Department of State Publishes Revised Exchange Visitor Skills List– The 2009 Revised Exchange Visitor Skills List was published in the April 30, 2009 Federal Register. The skills list was last revised in 1997.

8. CBP Expands Global Entry Pilot Program to The Netherlands– The expansion of eligibility to qualified citizens of the Netherlands occurred on April 23, 2009.

9. DOL Extends Transition Period of Filing Procedures for H-2A Employers– The transition period is extended to include all employers with a date of need on or before January 1, 2010 .

10. Labor Organizations Reach Immigration Accord– The accord calls for, among other things, adjustment of status for undocumented persons and an independent commission to assess and manage future immigration flows based on labor market shortages.

11. USCIS Extends Validity of Civil Surgeon Medical Certifications– The validity of the civil surgeon’s endorsement on the I-693, when submitted in support of an adjustment application, is extended until the time of adjudication if no Class A or B medical condition is certified by the civil surgeon.