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UPDATE ON H-1B QUOTA FOR FISCAL YEAR 2010
The United States Citizenship and Immigration Service (“USCIS”) has provided an update regarding the number of H-1B filings received for the Fiscal Year 2010 H-1B “cap”. As of April 27, 2009, the USCIS had received approximately 45,000 H-1B petitions counted against the cap of 65,000 for beneficiaries without advanced degrees. The USCIS has also received 20,000 H-1B petitions for individuals with advanced degrees. Under the Immigration and Nationality Act, Congress sets aside an additional 20,000 H-1B visas for foreign nationals with advanced degrees. However, the USCIS will continue to accept advanced degree H-1B petitions until the annual limit of 65,000 has been reached. The official USCIS “cap” update can be found at www.uscis.gov.
UNITED STATES EMBASSY AND ALL UNITED STATES CONSULATES IN MEXICO SUSPEND VISA PROCESSING THROUGH MAY 6
The United States Department of State announced the suspension of all non-essential services to the public until May 6, 2009. The Embassy will reschedule all nonimmigrant visa appointments already scheduled between April 27 and May 5. The Embassy’s scheduling center will call or email applicants to reschedule visa appointments. Alternatively, applicants may reschedule visa appointments without being charged by calling 01-800-719-2525. If there is an emergency visa issue, please email: visas_mexico@state.gov.
The United States Center for Disease Control (CDC) recommended on April 27, 2009 that U.S. Citizens defer all nonessential travel to Mexico because of the outbreak of H1N1 “swine” influenza. The CDC’s travel notice can be found under: http://wwwn.cdc.gov/travel/
NEW PASSPORT REQUIREMENTS FOR U.S. CITIZENS
On June 1, 2009, a change in the requirements for United States passports will impact all U.S. passport holders. The Western Hemisphere Travel Initiative (WHTI) will require that all U.S. citizens ages 19 and older entering the United States by sea or land ports of entry must have a passport, passport card, or other travel document that proves identity and citizenship. This change will also include entry from Canada, Mexico, the Caribbean, or Bermuda.
Even if you do not have any international trips planned, it is still a good idea to have a valid passport ready for future use.
More information about applying for a passport or passport card can be found at the Department of State’s website: travel.state.gov.
REMINDER TO EMPLOYERS: CURRENT, REVISED FORM I-9 EFFECTIVE April 3, 2009
The current employment eligibility verification form was recently revised by U.S. Citizenship and Immigration Services and became effective April 3, 2009. Employers are required to use this current version for all new hires and for any updates and reverifications. Continued use of prior versions of the I-9 after April 3rd may result in civil money penalties. The new form can be found at www.uscis.gov/i-9. On this page, there are also links to the new Employer Handbook and to a Q&A regarding the revised form and list of acceptable documents.
NEW HOMELAND SECURITY ENFORCEMENT GUIDELINES
With the current administration’s recent shift in focus from undocumented workers to employers, and with ICE worksite enforcement efforts relying heavily on I-9 audits as their primary investigative tool, the wise employer will take steps to ensure current records, hiring practices and employment verification systems are in good order. “In an interview with The Associated Press earlier this month, Napolitano said using investigative tools such as auditing documents employees fill out when they join a company (i.e. the I-9 form), having illegal workers go undercover and talking to people who regularly interact with the employers are all ways to build a case against a business that hires illegal workers.” (AP, April 30, 2009, Eileen Sullivan). If the “routine” I-9 is not handled correctly, the results of the audit may very well serve as the bases for subsequent criminal liability.
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